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Terms and Conditions

31 January 2025

Pet Basket is licensed and operated by Premium Pet House. We’re a private limited company with its registered office at Laxmi Chowk, Dehu - Alandi Rd, Moshi, Pune, Maharashtra 412105.

We manage the website https://premiumpethouse.com/shop/ collectively referred to as the "Platform". These Service Agreement ("Agreement") govern your access to and use of the Platform and its Services (as defined below). By accessing the Platform or using the Service, you agree to these terms.

Your access to or use of the Service depends on your acceptance of and compliance with our agreement and other platform policies. We ask you, the Platform users ("User", "You", "Your"), to carefully read our Agreement and all other Platform policies before using or registering on the Platform. If you disagree with this Agreement or any Platform policies, please refrain from accessing the Platform or using the Service.


Communication

  1. You agree to receive communications via SMS and email from the company regarding our services. By using the website or registering with us, you permit us to contact you through email, phone, SMS, or WhatsApp to offer services, share product information, and inform you about promotions on the website and from associated third parties.
  2. This may involve collecting personal information. You authorize us to contact you for these purposes even if you are registered under DND, DNC, or NCPR services. Unless you inform us in writing of your desire to opt out of future direct and indirect marketing communications, you consent to receive emails, calls, and messages through various channels for product solicitation.
  3. You can opt out of these communications by visiting the Platform, after which you will only receive essential service-related messages.

Eligibility and Access of the Platform

  1. The service is not available to individuals under 18 years of age or to any user suspended or removed from the Platform for any reason. You affirm that you are of legal age to enter into a binding contract and are not barred from using or accessing the Platform and receiving the Services by the Company or under applicable Indian laws.
  2. The Services are continually evolving, and the form and nature of the Services may change over time. Additionally, the Company may cease (permanently or temporarily) providing the Service (or any Platform features) to you or Users generally, potentially without prior notice.
  3. The Company provides: (i) the sale of various pet care products including food, medicines, toys, and pet accessories on the Platform ("Product(s)"), and (ii) veterinary teleconsultation for pets through veterinarians listed on the Platform ("Consultants") (collectively the "Services").
  4. This Agreement: (i) is considered an electronic record under Indian data privacy laws, including the Information Technology Act, 2000, and its associated rules and regulations; and (ii) does not require any physical, electronic, or digital signature from the Company.

Access and Use of Service

  1. To use our service, you must create a Platform account by providing certain personal details, such as your name, email address, and other required information ("Account").
  2. You must ensure that your Account information is complete, accurate, and current. If your Account information changes, promptly update it on the Platform or by contacting our company. You are prohibited from having more than one active Account on the Platform. You may not sell, trade, or transfer your Account to another party or impersonate anyone else to create a Platform Account.
  3. The Company reserves the right to deny new Users access to the Service or terminate existing Users' access at any time if such access or Platform or Service use violates this Agreement, Platform Policies, or applicable laws, or pursuant to any administrative or judicial order or directive from any governmental authority.
  4. If you provide false, inaccurate, outdated, or incomplete information (or it becomes so), or if the Company reasonably suspects this, the Company reserves the right to suspend or terminate your Account and refuse any current or future Service use at its discretion, in addition to any legal or equitable rights against you for misrepresentation.
  5. You acknowledge that the Company is not liable for any damages, losses, costs, expenses, or liabilities related to unauthorized access to or use of your Account. You may be held responsible for losses incurred by the Company or other Platform Users or visitors due to authorized or unauthorized use of your Account resulting from your failure to keep your Account information secure and confidential.
  6. You are responsible for maintaining your Account information's confidentiality and for all activities occurring on or related to your Account. You agree to immediately notify the Company of any unauthorized access or use of your Account or any other security breach and ensure you log out of your Account after each session.
  7. The Platform offers Users the ability to purchase Products and access veterinary teleconsultation services from registered Consultants.
  8. Users agree not to:
    Share content that:
    • Promotes or incites illegal, harmful, abusive, insulting, harassing, threatening, discriminatory, defamatory, obscene, or privacy-invasive activities
    • Infringes on others' rights
    • Contains false information intended to mislead or cause harm
    Additionally, Users must not:
    • Break laws or court orders
    • Violate intellectual property rights
    • Distribute spam or unauthorized communications
    • Deceive recipients about message origins
    • Collect data from the Platform through automated means
    • Spread malicious code
    • Harm minors
    • Impersonate or harass others
    • Engage in illegal activities
    • Attempt to bypass security measures
    • Reverse engineer the Platform's software
    • Access the Platform to create competing services
    • Endanger national security or public order
    • Support others in prohibited activities

Sale of Pet/ Veterinary Products

  1. When you place an order, you're making an offer to purchase products. The company reserves the right to accept or decline orders at its discretion, without incurring liability. Additionally, the Company may limit order quantities without prior notice.
  2. The Platform showcases various Products for purchase. This display is considered an 'invitation to offer' rather than an 'offer for sale'. The Products range from over-the-counter to prescription medicines. The Platform has acquired all necessary licenses and registrations for its operations and adheres to relevant laws, including those governing prescription medicine dispensation.
  3. All prescription medicines are dispensed by a registered Company pharmacist. For prescription medicine orders, you must provide a scanned copy of a valid animal prescription through the Platform's designated channels. This prescription will be reviewed and approved by the Company's registered pharmacist.
  4. Generally, substitute medicines can only be purchased if your prescription states "Allow substitution" or includes the molecule name. If the exact prescribed medicine is unavailable, the Platform may offer a substitute with identical composition and strength, but only after obtaining a new veterinary prescription for the alternative.
  5. The drug information on the Platform is for informational purposes only and should not be used for diagnosis, treatment, or medical advice. The Company is not responsible for consequences arising from reliance on this information.

Teleconsultation Services from Us

  1. The platform facilitates veterinary teleconsultation for pets through listed consultants, either directly or via third parties. Users can connect with Consultants through video or telephone services available on the Platform.
  2. Users understand that the Platform is an intermediary facilitating veterinary teleconsultation services and is not involved in providing these services. Consultants are independent professionals solely responsible for their services. The Company and Platform are not liable for consultations, diagnoses, prescriptions, or treatments provided by Consultants.
  3. While the Platform verifies listed veterinarians, users should independently confirm Consultant credentials. The Company is not liable for this verification. The Platform may list veterinarians from countries other than India who may not be registered under Indian laws. Users choosing these foreign Consultants acknowledge that their consultations are advisory and not medical opinions.
  4. The Company is not liable for Consultant information displayed on the Platform, including credentials, registrations, certifications, location, and contact details.
  5. Users expressly understand and accept that:
    • Prescriptions provided through online consultations may differ from physical examinations.
    • Platform advice should be used in conjunction with ongoing treatment from the patient's regular veterinarian.
    • Users should have the patient's medical history and physical examination records available.
    • The service is not suitable for emergencies or conditions requiring physical examination.
    • Users should consult their local veterinarian before altering ongoing treatments.
  6. Users agree to provide honest, accurate, and complete information when using the Platform. Misrepresentation or incomplete information may lead to inaccurate diagnoses and treatments. Users agree to indemnify the Company and its representatives against claims arising from breaches of this clause. Users acknowledge that Consultants cannot conduct physical examinations through the Platform and accept the associated risks.
  7. The Company does not endorse specific Consultants or guarantee their service quality. Any recommendations may come from other users and are not verified by the Company. The Company is not responsible for Consultants' breach of user confidentiality or privacy, or for claims arising from their misconduct or negligence.

Fees and Payment

  1. The cost for the Services and Products is listed on the Platform. You consent to pay all required amounts as per the payment conditions in place at the time of your purchase. All transactions will be in Indian Rupees (INR) unless stated otherwise at purchase time.
  2. All payments for Services or Products bought through the Platform must be made using a valid payment method via the company-selected third-party payment provider ("Payment Information").
  3. You confirm that you're authorized to use this payment method and have enough funds for the Services. By providing these details, you state that:
    • You're legally allowed to provide this information;
    • You're legally allowed to make payments using this information; and
    • This action doesn't violate the terms of use for this information or applicable laws.
  4. You must give the third-party payment provider valid payment details (Visa, MasterCard, or other accepted cards). You understand that the Company doesn't own or control the payment provider but facilitates the third-party payment gateway for processing. Your card use is governed by your agreement with the payment provider, not these Terms. You agree to promptly notify the payment provider of any changes to your billing address or other payment information. For 'cash on delivery' purchases, the Platform's specific policy will apply.
  5. Unless required by law, the Company is not responsible for payments authorized through the Platform using your Payment Information. Specifically, the Company isn't liable for incomplete payments due to: (1) Insufficient funds in your account; (2) Incorrect Payment Information provided; (3) Expired payment card; or (4) Circumstances beyond the Company's control (like power outages or cellular service interruptions) that prevent the transaction.
  6. The Platform isn't responsible for unauthorized transactions made using your payment card or internet banking and isn't obligated to refund money in such cases.
  7. Order cancellations are subject to the cancellation policy, and all refunds follow the refund policy. Additional shipping charges may apply to Product purchases. Please check the shipping charges policy for details. For questions about Platform purchases or card charges, contact us. The Company has full discretion in resolving billing disputes.
  8. You acknowledge that the Company or its licensors own all rights to: (i) the Platform and its appearance, including all software, ideas, processes, data, text, media, and other content; and (ii) the Company's trademarks, logos, and brand elements ("Marks"). You can't duplicate, copy, or reuse any Content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts without the Company's written consent. The Company and relevant third parties reserve all rights not explicitly granted in these Terms.
  9. You agree not to make any negative or critical remarks about the Company, whether verbal or written. You understand that any feedback or suggestions you provide about the Platform or Services are voluntary, and the Company can use them as it sees fit without obligation to you.

Copyright and Intellectual Property Policy

  1. Copyright Infringement Notification Process:
  2. The Company addresses reports of alleged copyright violations and may restrict Platform access for repeat offenders. If you suspect your copyrighted material has been misused on the Platform, please submit the following details to our team:
    • Your contact information (address, phone, email)
    • A detailed description of the allegedly infringed work, including identification information
    • A statement, under penalty of perjury, confirming the accuracy of your information and your authority to act on behalf of the copyright owner
    • Evidence of copyright ownership or authorization to act on behalf of the owner
    • Information about the suspected uploader of the infringing content
    • A description and location of the allegedly infringing content you wish removed
    • A digital or physical signature from the copyright owner or authorized representative
    • A commitment to initiate legal proceedings against the uploader within 21 days of the Company receiving your notice
  3. Failure to provide complete information may invalidate your notice.
  4. Repeat Infringer Policy: If we determine you are a repeat infringer, we may take various actions at our discretion, including:
    • Terminating your Platform access
    • Closing any accounts associated with you
    • Removing or banning you from the Platform
    • Implementing other appropriate measures

Privacy Policy

We value your privacy. Our Privacy Policy details our methods for collecting, utilizing, managing, and sharing personal data and other information.

Service and Platform Usage License
  1. You agree to access the Service only through the interface provided by the Platform. You must not use any deep-link, robot, spider, automatic device, program, algorithm, methodology, or similar manual process to access, acquire, copy, or monitor any part of the Service or Company Content. You must not reproduce or bypass the Platform's navigation structure or presentation, materials, or Company Content to obtain or attempt to obtain any materials, documents, or information through means not explicitly provided through the Service.
  2. In compliance with these Terms, the Company grants you a personal, free-of-charge, restricted, non-transferable, and non-exclusive license to use the Service and Platform. This license is intended solely for your personal, non-commercial use and enjoyment of the Service as allowed by these Terms. You agree not to use the Service for any public performances.
  3. The Service is accessible only within India's geographical boundaries. You commit to using the Service: (a) for purposes permitted by the Terms, and (b) in accordance with applicable laws, regulations, or generally accepted practices or guidelines. You agree to refrain from activities that could negatively impact other users' access to or use of the Service.
  4. You acknowledge sole responsibility to the Company and any third parties for breaching your obligations under the Terms and for any resulting consequences, including any loss or damage suffered by the Company or its affiliates.
Third-Party Content and Interactions
  1. Regarding teleconsultation services on the Platform, the Company functions solely as an "intermediary" as defined by the Information Technology Act, 2000, or as interpreted under equivalent local laws in your jurisdiction. The Company explicitly disclaims any liability related to communications with Consultants or third parties.
  2. As an "intermediary," the Company bears no responsibility or liability for content uploaded to the Platform, including but not limited to intellectual property rights infringement, defamation, illegal content, or any other violations under applicable laws. The person who provides, publishes, or posts content on the Platform is solely responsible for it.
  3. The views expressed by Users on the Platform are not controlled by the Company and do not represent the Company's views or values. You acknowledge that the Platform only facilitates access to telecommunication, and the Company is not obligated to monitor your or third parties' access to or use of the Service.
  4. However, if the Company becomes aware that your use of the Service violates any applicable law or these Terms, the Company reserves the right to enforce these Terms and take necessary actions to comply with applicable laws, regulations, court orders, or other legal, administrative, or regulatory requests or processes, or to take other appropriate measures.
Links

The Platform might incorporate connections to social media platforms or external websites. You recognize and consent that these connections do not imply the Company's endorsement or association with such platforms or websites. You also acknowledge that the Company bears no responsibility for:

  • the accessibility or precision of these external platforms or websites;
  • the material, products, or services available on these sites or resources; or
  • Any damages, losses, expenses, or liabilities related to your utilization of these platforms or websites. It's advisable to review the terms and conditions and privacy policy of a platform or website before using it. You accept full responsibility and all risks associated with your use of any such websites or resources.

Acknowledgment of Risk and Liability Limitations

  1. You accept that using the Platform is at your own risk, and it's provided "as is" and "as available." Within legal limits, the Company disclaims all guarantees, conditions, and representations, including those related to suitability for a specific purpose, merchantability, non-infringement, and those arising from dealing with or using the Platform.
  2. The Company does not guarantee the accuracy or completeness of Platform content, linked third-party websites, Services, or Products. We do not endorse or warrant the effectiveness, quality, or safety of Platform Products or Services. The Company is not responsible for any patient harm resulting from Platform Products/Services.
  3. You agree that the Company is not liable for:
    • content inaccuracies;
    • personal injury or property damage from Platform use;
    • unauthorized access to servers or user data;
    • Platform transmission interruptions;
    • harmful software transmitted through the Platform; or
    • any damages or costs incurred due to Platform content.
  4. You acknowledge exposure to various content sources when using the Platform. The Company is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of such content. You waive any legal claims against the Company regarding potentially inaccurate, offensive, or objectionable content.
  5. The Company is not responsible for Platform use delays or inability, functionality provision failures, or issues arising from Platform use. We're not liable for Service unavailability during maintenance or unexpected access suspensions due to technical or other reasons beyond our control.
  6. To the extent legally permissible, you agree that no Company Party will be liable for indirect, special, incidental, punitive, or consequential damages, including profit, revenue, or data loss, or costs of substitute products. This applies regardless of the cause or liability theory, even if advised of possible damages.
  7. The Company does not guarantee the accuracy or completeness of Platform content, linked third-party websites, Services, or Products. We do not endorse or warrant the effectiveness, quality, or safety of Platform Products or Services. The Company is not responsible for any patient harm resulting from Platform Products/Services.
  8. The Company is not responsible for Platform use delays or inability, functionality provision failures, or issues arising from Platform use. We're not liable for Service unavailability during maintenance or unexpected access suspensions due to technical or other reasons beyond our control.
  9. You acknowledge exposure to various content sources when using the Platform. The Company is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of such content. You waive any legal claims against the Company regarding potentially inaccurate, offensive, or objectionable content.
  10. We're not responsible for Service deficiencies, including order cancellations due to Consultant unavailability. The Company isn't liable for Consultant conduct, actions, or advice. As an intermediary for teleconsultation services, we're not responsible for disputes between Consultants and Users.
  11. While we strive for accurate Product/Service pricing and availability, errors may occur. In such cases, we're not responsible for typographical errors and reserve the right to cancel sales. To the extent legally permissible, you agree that no Company Party will be liable for indirect, special, incidental, punitive, or consequential damages, including profit, revenue, or data loss, or costs of substitute products. This applies regardless of the cause or liability theory, even if advised of possible damages.
  12. The Company's total liability to you or third parties under these Terms is limited to the amount you paid for Platform goods or Services immediately preceding the claim date. You agree that these damage limitations are essential to the agreement between the Company and you.
  13. The Company reserves the right to update or alter these Terms at any time. Upon doing so, the revised Terms will be posted on the Platform, and the "Last Updated" date at the top will be modified. It is your responsibility to regularly review these Terms for any changes. By continuing to use the Platform after amendments are made, you indicate your acceptance of the changes and agree to be bound by them.
  14. While the Company aims to deliver products across India, it may, at its discretion, determine certain areas as temporarily unserviceable or inform you of potential delays beyond expected timelines due to circumstances beyond its control, such as logistical challenges, adverse weather, political unrest, labor disputes, or natural disasters.
  15. The Company collaborates with external logistics providers to manage the shipping and delivery of your purchases. An estimated delivery timeline will be shown on the order confirmation page.
  16. Your order will be delivered within 4 to 5 working days.
  17. After you place an order, the Company processes it and transfers the purchased items to the logistics partners. You will receive a tracking number to monitor the delivery status of your purchase through the Platform or the logistics partner's website or mobile application. To ensure timely delivery, you may be asked to provide specific information like your name, delivery address, landmark, and contact details. You are responsible for providing accurate and complete information. The Company is not liable for delivery issues arising from incorrect or incomplete information provided by you.
  18. You acknowledge that ownership and risk of the products transfer to you upon delivery. For cash on delivery orders, you agree that logistics partners are authorized to collect payment on behalf of the Company, subject to Platform policies.

Indemnification Related

You agree to protect, defend, and exempt the Company and its parent company, subsidiaries, affiliates, and their officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a "Company Party," and collectively, "Company Parties") from any claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys' fees and costs) of any kind arising from, related to, or connected with: (a) any breach or non-fulfillment of any representation, warranty, covenant or agreement made or obligation to be performed by you under these Terms, or Privacy Policy; or (b) use of the Platform.

The Company may choose counsel for and control the defense of any claim you are indemnifying. Furthermore, you agree to hold the Company Parties harmless against any claims made by any third party due to, or arising from, or in connection with, your use of the Platform, any misrepresentation regarding the data or information you provided, your violation of the Terms, or your violation of any rights of another, including any intellectual property rights.

Changes to the Platform Related

You understand and agree that the company may alter or discontinue any aspect of the platform at any time without notifying you.

You can cancel your account at any time by contacting the company. The Company retains the right to terminate your Account or restrict your access to the Platform at any time, for any reason, at its sole discretion. If you violate any of these Terms, your permission to use the Platform automatically ends.