Last updated on 3rd July 2021.
User Terms & Conditions
Animall Technologies Private Limited having its registered office at #51 First Floor, S.T. Bed Layout, 4th Block Koramangala, 1st Main Road, 80 Feet Rd, Bengaluru, Karnataka 560034, India, on behalf of itself and its affiliates/group companies under the brand "Animall", (hereinafter referred to as “Animall”, “Us” or “We”), is the author and publisher of the internet resource https://animall.in and the mobile application ‘Animall’ (together, “Site”). Animall owns and operates the services provided through the Site.
1. Agreement to Terms
1.3. The Company reserves the right at all times to discontinue or modify the Agreement as we deem necessary or desirable without any prior notification. Such changes may include, among other things, adding of certain fees and charges. Any such modifications would be effective immediately. We suggest that you read the Agreement from time to time to stay informed.
2. Membership Eligibility
2.1. Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the applicable laws including un-discharged insolvents, and persons of unsound mind, who are not eligible to use the Site. You may use Site only if your age is over 18 years and you are capable of forming binding contracts under applicable law. In case the Site is to be accessed or used by a minor (i.e. a person less than 18 years of age) or by a person incompetent to contract under the applicable law, then only the legal guardian/representative of such person shall register himself/herself as a User and create/add the profile of the minor. This shall not discharge the legal guardian/representative who is adult and of sound mind from liability towards the Company or its contractors or agents and the Company shall have the right to proceed against the legal guardian/ representative and User, either jointly or severally, for their acts and omissions that violate the Agreement.
2.2. The Company reserves the right to terminate your membership and refuse to provide you with access to the Site if the Company discovers that you are under the age of 18 years or otherwise not capable of forming binding contracts. In case of a business entity, You represent that You have the necessary authority to bind the entity or the employees or consultants of such entity, to this Agreement.
3. Services Offered
3.1. The Site offers the following service (“Services”):
3.1.1 an online discovery platform for trading animals (predominantly livestock), which allows You to list your animals and connect with potential purchasers on the Site. You can also register on the Site and view the listings posted by other users.
3.1.2 Facilitation of an internet-based service for You, where You have an option to book a phone appointment, either instant appointment or pre-scheduled, with a certified veterinarian (“Practitioner”) and obtain information regarding animal behaviour, diseases and/or symptoms.
3.1.3 An interactive feature on the Site which offers a platform to You to ask questions, exchange information, share pictures and videos and connect with people who contribute unique insights and experiences.
3.1.4 A tool on the Site which enables You to calculate an estimated price of your animal purely based on data provided by You. The price determination through this feature is algorithm based, depending on the data provided by You; and We have no role in determining the price of animals listed on the Site. The rate so calculated is just an indicator that You can choose to rely on, at your independent discretion, or ignore while quoting the price on the Site. You are under no obligation to use such rate while listing your animal.
4. User Conduct and Rules on the Site:
4.1. You agree, undertake and confirm that Your use of the Site shall be strictly governed by the following binding principles:
4.1.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
184.108.40.206. belongs to another person and to which You do not have any right to;
220.127.116.11. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
18.104.22.168. is misleading in any way;
22.214.171.124. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
126.96.36.199. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
188.8.131.52. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
184.108.40.206. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
220.127.116.11. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
18.104.22.168. contains video, photographs, or images of another person (with a minor or an adult);
22.214.171.124. tries to gain unauthorized access or exceeds the scope of authorized access to the Site or to profiles, blogs, communities, account information, bulletins, or other areas of the Site or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
126.96.36.199. interferes with another user's use of the Site and/ or the Services;
188.8.131.52. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
184.108.40.206. violates any law for the time being in force;
220.127.116.11. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
18.104.22.168. shall not be false, inaccurate or misleading; and
22.214.171.124. shall not create liability for Us.
4.1.2 Any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated herein by reference.
4.1.3 We may update or change the Site from time to time to reflect changes to our Services, our users' needs and/or our business priorities.
4.1.4 Our Site is directed to people residing in India. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
4.1.5 You may not access or use the Site for any purpose other than that for which we make the Site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
5. ONLINE MEDICAL SERVICES
5.1 Notwithstanding anything contained under this Agreement, it is hereby clarified that the Company is not a medical service provider, nor is it involved in providing any healthcare services or medical advice or diagnosis. The Company is merely a digital intermediary platform which facilitates connecting medical professionals with the Users through the provision of or the means of the Site and hence the Company shall hence not be responsible and owns no liability to the User for any outcome from the booking or the consultation between You and medical professional. The Site provides option to book instant as well as pre-scheduled consultations with the Practitioners basis the availability of the Practitioners.
5.2 Note that the Site and our Services do not replace traditional veterinary care, but instead is an addition to the traditional veterinary care. The User acknowledges and agrees that the User is aware of the limitations attached to the online consultation services as the Practitioners will not be conducting physical examination of the Users or their medical conditions/symptoms, and that they may not have or be able to derive important information that is usually obtained through a physical examination. The User agrees to assume the complete risk of this limitation.
5.3 The Company facilitates connecting the Users and the Practitioners through its Site. The Users have can use the site to raise their queries which are then answered by the Practitioners. Such consultations by the Practitioners may be provided though audio call and/or video call and/or text-based chat or as determined by Company from time to time.
5.5 While providing online medical services, a Practitioner is absolutely and expressly prohibited to:
5.5.1 Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
5.5.2 Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
5.5.3 Advertise to/solicit Users in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address; and/ or
5.5.4 Promote content and activities which are illegal in nature.
5.6 Without prejudice to the generality of the above, the User understands and agrees that Company will NOT be liable for:
5.6.1 User interactions and associated issues User has with the Practitioners including the content shared or generated pursuant to the use of the Services or provision of the medical services by the Practitioner;
5.6.2 the suitability, ability or intent of the Practitioner or the lack of it, in fulfilling their obligations towards Users including delayed responses by the Practitioner;
5.6.3 any medication or quality of treatment being given by the Practitioners, or any medical negligence or tort on part of the Practitioners;
5.6.4 inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide Services or act in accordance with the Applicable Law;
5.6.5 any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
5.6.6 cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged (from the fees shown at the time of booking on the Site);
5.6.7 any pre-existing medical condition;
5.6.8 any adverse reaction to the drugs prescribed by the Practitioner (due to any act or omission based on information found on the Site, or otherwise); or
5.6.9 sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User or in course of availing the medical services from the Practitioners.
5.7 As a user of this Site, You agree not to:
5.7.1 Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us;
5.7.2 Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences;
5.7.3 Use a buying agent or purchasing agent to make purchases on the Site;
5.7.4 Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use;
5.7.5 Engage in unauthorised framing of or linking to the Site;
5.7.6 Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
5.7.7 Make improper use of our support services, or submit false reports of abuse or misconduct;
5.7.8 Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
5.7.9 Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site;
5.7.10 Attempt to impersonate another user or person, or use the username of another user;
5.7.11 Sell or otherwise transfer your profile;
5.7.12 Use any information obtained from the Site in order to harass, abuse, or harm another person;
5.7.13 Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise;
5.7.14 Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site; Attempt to access any portions of the Site that you are restricted from accessing;
5.7.15 Harass, annoy, intimidate, or threaten any of our employees, agents, or other users;
5.7.16 Delete the copyright or other proprietary rights notice from any of the content;
5.7.18 Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism;
5.7.19 Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools;
5.7.20 Disparage, tarnish, or otherwise harm, in our opinion, Us and/or the Site;
5.7.21 Use the Site in a manner inconsistent with any applicable laws or regulations;
5.7.22 Threaten users with negative feedback;
5.7.23 Misrepresent experience, skills, or information about yourself;
5.7.24 Advertise products or services not intended by us; and
5.7.25 Falsely imply a relationship with Us or another company with whom you do not have a relationship.
5.8 You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Animall’s email addresses or through Animall computer systems are expressly prohibited by these Terms and Conditions. You acknowledge and agree that, from time to time, Animall may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Animall email system. Any communication between yourself and any other user utilizing the communication features available on the Site may be used only in accordance with these Terms and Conditions. Any unauthorized use of Animall’s Services is a violation of these Terms and Conditions and certain applicable laws. Such violations may subject You and Your agents to civil and criminal penalties.
5.9 The Users agrees that if any follow-up consultations prescribed by Practitioners basis the online consultation and diagnosis shall be routed through the Site only.
5.10 Users are only permitted to obtain one consultation per User for every single booking of the online consultation services. If the Users attempt to obtain consultation for more than one User through a single consultation booked on the Site, such consultations will not be addressed by the relevant Practitioner.
6. ANIMALL Q&A (SAWAL JAWAB):
6.1. The Q&A (SAWAL JAWAB) feature on the Site is a platform for exchange of information amongst Users which is of general nature in a question and answer format.
6.2. You may post any questions regarding your animals (“Querist”), and these queries may be answered by other users of the Site. It is expressly clarified that such discussion shall not be medical advice and no doctor-patient relationship is established between the Querist and user answering the questions, in any manner whatsoever, by indulging in this Q&A (SAWAL JAWAB).
6.3. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Site (including information provided in direct response to your questions or postings) may be provided by Practitioners. The provision of such Information does not create a licensed medical professional/patient relationship, between Animall and You and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only for information purposes.
6.4. It is hereby expressly clarified that, the Information that you obtain or receive from Us, and our employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Site. In no event shall We be liable to you or anyone else for any decision made or action taken by You in reliance on such information. The Services are not intended to be a substitute for getting in touch with a Practitioner (including for emergency situations).
6.5. Users shall not share their personal, religious and/or moral views on the Site.
6.6. The Users cannot issue and/or prescribe any medicines on the Q&A (SAWAL JAWAB).
6.7. Q&A (SAWAL JAWAB) platform is a public forum for exchange of information, hence, any question posted by a querist is visible publicly. It is advisable for You to ensure that no confidential information is published by You on the Q&A (SAWAL JAWAB).
6.8. You shall not use the Q&A (SAWAL JAWAB) platform for emergency situations.
6.9. You are prohibited to post any query/issue on the Site which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
6.10. Users may provide probable views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
6.11.1 In relation to the Q&A (SAWAL JAWAB) feature, users are absolutely and expressly prohibited to provide medical diagnosis and/or issue prescriptions;
6.11.2 Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
6.11.3 Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
6.11.4 Advertise to/solicit Users in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address; and/ or
6.11.5 Promote content and activities which are illegal in nature.
6.12 In the event of any breach of these Terms and Conditions by an User, Animall will endeavour to take appropriate action inter alia ranging from issuing warnings to removal of User from the Site, in its sole and absolute discretion, on a case to case basis.
6.13 Any liability arising out of any action or omission by a User (including response issued by an User to a user on the Site) will be borne solely by such User. Q&A (SAWAL JAWAB) feature is only a platform interface provided by Animall for sharing and exchanging information purposes.
6.14 The Q&A (SAWAL JAWAB) platform may be audited from time to time by Animall for ascertaining compliance with these Terms and Conditions by the You, and You consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by the User.
6.15 You further understand and agree that the decision of Animall shall be final and binding regarding the issues arising under the Terms and Conditions.
7 Referral and Reward Program
7.1 You will be eligible to participate in referral and reward programs on the Site as and when Animall decides to initiate such programs.
7.2 The programs are pre-designed and implemented based on an algorithm, and therefore you acknowledge that You participate at your sole risk.
7.3 The reward programs may be organised in the form of competitions, online games and any other manner deemed appropriate by Animall, in compliance with applicable laws.
7.4 The rewards for such programs (if any) shall be in the form of redeemable tokens or coins, which is not actual money and cannot be converted for cash. You will be eligible to redeem such tokens/coins on the Site on the terms and conditions determined by Animall from time to time.
8 Refund and Cancellation Policy
8.11 Our focus is complete User satisfaction. In the event, if you are displeased with the Vet Services provided, We will, at our sole discretion, refund Your money if the the reasons provided by You are genuine to Our satisfaction and proved after investigation.
In case of dissatisfaction from our services, clients have the liberty to cancel their projects and request a refund from us. Our Policy for the cancellation and refund will be as follows:
8.12 You may cancel your appointment free of charge up to 60 minutes before a booked appointment. You will be refunded the amount paid for such appointment, if any. Processing of the refund may take up to 14 days.
8.13 Your refund will be made to the same account from which the payment was originally made.
9 Information You provide to Us
9.1 You represent and warrant that: (a) all registration information You submit will be true, accurate, current, and complete and relate to You and not a third party; (b) You will maintain the accuracy of such information and promptly update such information as necessary; (c) You will keep your password confidential and will be responsible for all use of your password and account; (d) You have the legal capacity and You agree to comply with these Terms and Conditions; and (e) You are not a minor in the jurisdiction in which you reside, or if a minor, You have received parental permission to use the Site.
9.2 If You know or suspect that anyone other than You knows your user information (such as an identification code or user name) and/or password you must promptly notify us at [email protected].
9.3 If You provide any information that is untrue, inaccurate, not current or incomplete, We may suspend or terminate your account. We may remove or change a user name You select if We determine that such user name is inappropriate.
10 Content you provide to Us
10.1 There may be opportunities for You to post content to the Site (including listing of the animals) or send feedback to Us (“User Content”). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
10.2 Listing of animals on the Site are provided to You AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
10.3 You further agree that We can use your User Content for any other purposes whatsoever in perpetuity without payment to You, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to You.
10.4 In posting User Content, including reviews or making contact with other users of the Site you shall comply with these Terms and Conditions (including the terms provided in Section 3.
10.5 You warrant that any and all User Content does comply with our Terms and Conditions, and You will be liable to Us and indemnify Us for any breach of that warranty. This means You will be responsible for any loss or damage we suffer as a result of Your breach of this warranty.
10.6 We have the right to remove any User Content You put on the Site if, in our opinion, such User Content does not comply with these Terms and Conditions.
10.7 We are not responsible and accept no liability for loss of User Content, or any such content that contains incorrect information or is defamatory. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by Us and the views expressed by other users on the Site do not represent our views or values.
10.8 If You wish to complain about User Content uploaded by other users please write to Us on [email protected].
11 Payment and Fees
11.1 In relation to the paid Services, You agree to pay all service fees, consulting fees and other fees (“Service Fees”) applicable to Your use of the Services and You availing the medical services (provided by the Practitioners), facilitated though the Site, in case of online consultation services You are solely responsible for payment of all taxes and reporting requirements in relation to the payment of Service Fees. All fees are inclusive of all the applicable taxes.
11.2 The User hereby agrees that the Service Fees collected at the time of the booking online consultation services will include all fees attributable to provision of the medical services by the Practitioners and Services including technology fee, platform usage charges, etc. The Service Fees for Online Consultation Services shall be paid online through the facility made on the Site. The User shall have the option to make payment through third-party payment processors, wallets, online fund transfer facility through banks or credit cards or mobile & internet-based payment/commerce platforms or authorized payment gateway networks as recognized and authorized by the Reserve Bank of India (“Payment Facilitator”), for the Service Fees. It is clarified that the Company is not responsible for any loss or damage caused to You during this payment process as the Payment Facilitator are beyond the control of the Company.
11.3 The User acknowledges that the Company reserves the right to change the Service Fees at any time, at its sole discretion, without any prior notification.
12 Our Content
12.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (“Our Content”) are owned or licensed to Us, and are protected by copyright and trademark laws. In connection with the Services, the Site may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to Animall. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant You any right in relation to such trademarks. Animall reserves all rights not expressly granted herein to the Site. You agree to not engage in the use, copying, or distribution of any of Our Content other than as expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through the Site for any commercial purposes. You may download / print / save copyrighted material for your personal use only. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Site or Our Content therein. The Services are protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. The content displayed on the Site or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of Our Content and/ or the materials on the Site, or the collective work or compilation is expressly prohibited. Copying or reproducing the Site, Our Content, the materials on the Site, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Our Content or any other materials from the Site, and agree to abide by any and all copyright notices and other notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
12.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Animall’s express prior written permission.
12.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
12.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
12.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
12.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
12.7 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
13 Link to third party content
13.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence, or control over, any such third party websites or applications or the third party operator. We are not liable or responsible for content, accuracy, validity, reliability, quality of such websites or applications. Inclusion of any link on the Site does not imply that We endorse the linked site. You may use the links and these services at your own risk.
13.2 We accept no responsibility for advertisements contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
14 Site Management
14.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your accounts; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
14.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
14.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and You should use your own virus protection software.
15 Modifications to and availability of the Site
15.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
15.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or may need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
15.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
16 Disclaimer/Limitation of Liability
16.1 In no event, including but not limited to negligence, shall Animall, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials and functions related thereto, the Services, user’s provision of information via the Site or lost business, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
16.1.1 provision of or failure to provide all or any service by Practitioners to You contacted or managed through the Site;
16.1.2 any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site;
16.1.3 any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Site or the Service.
16.2 You acknowledge that We are merely a discovery and technology platform that enables registered users to access veterinary services from registered veterinary professionals. The use of the Site shall not in any manner be construed as veterinary services being provided by Animall. You further acknowledge that such facilitation of veterinary services are rendered only via audio calls and not video consultations. Animall cannot be held responsible for facilitation of veterinary services and You shall avail the said services based on your own judgement.
16.3 Animall does not support or promote any kind of animal cruelty and we do not facilitate any activities prohibited under The Prevention of Cruelty to Animals Act, 1960 and Wildlife Protection Act 1972. We shall not be responsible for any offence related to animal cruelty if committed by any of the users and users committing the offence shall be solely liable and responsible for such actions.
16.4 The information provided by us on the Site in relation to the products and/or animals is on an “as is basis” and it shall be your sole responsibility to verify the information listed on the Site with the seller.
16.5 You understand that when using the Site, You will be exposed to content from a variety of sources and that Animall is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Animall with respect thereto.
16.6 Animall is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the Site, or items advertised on the Site, by users or any other third parties. If You are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf You are authorized to act, You may submit a notification to Animall together with a request to Animall to delete the relevant content in good faith.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the remainder of the Terms and Conditions shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
18 Term and Termination
18.1 These Terms and Conditions shall remain in full force and effect while You use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at [email protected].
18.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
18.3 If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
18.4 If we terminate or suspend your account for any reason set out in this Section 12, You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
19.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
19.2 You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
19.3 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between You and Animall.
19.4 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
19.5 We may assign any or all of our rights and obligations to others at any time.
19.6 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
19.7 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
19.8 There is no joint venture, partnership, employment or agency relationship created between You and us as a result of these Terms and Conditions or use of the Site or Services.
19.9 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at [email protected] or by post to:
Animall Technologies Private Limited
Regd Office: No 51, First Main, ST BED Layout, Fourth Block Kormangala Bangalore 560034.
Corporate Office: No. 90 Aisiri Apartment, 11th Main, Sector- 6, HSR Layout, Bangalore- 560102
Branch Office: T-8, Third Floor, Jagdamba Tower, Amrapali Circle, Vaishali Nagar Jaipur 302021
20 Compliances under E-commerce Rules
In furtherance of the Consumer Protection Act 2019 (“Act”) and the Consumer Protection (E-Commerce) rules 2020 (“E-commerce Rules”), as amended from time to time, the Company is required to make certain compliances such as appointing a nodal officer or an alternate senior designated functionary, who is a resident in India and who shall ensure compliance with the provisions of the Act or E-commerce Rules. The nodal officer shall accept and process all notices served on Company in furtherance of complaints made under the provisions of the Act. Company will also not adopt any unfair trade practices as defined in Section 2(47) of the Act in the course of its business or on Site. The grievance officer will acknowledge the receipt of any compliant within forty-eight hours and redress the complaint within one month from receipt of the complaint.
The appointed nodal officer to ensure compliance with the Act and E-commerce Rules is as follows:
Name: Payal Vinaya Kumar
The details of the grievance officer to which consumer grievances can be redressed are as follows;
Name: Anurag Bisoyi
Contact Details: [email protected]
Designation of such officer: Co-founder-Marketing and Growth
21 Jurisdiction and Governing law
Please note that these Terms and Conditions, their subject matter and their formation, are governed by Indian law. You and We both agree that the courts of Bangalore, India will have exclusive jurisdiction.