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Terms of Use & Terms of Sale

TERMS OF USE & TERMS OF SALE

UPDATED: March 26, 2018

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This website ("www.doggiebazaar.com") is owned by Pet Project India Private Limited. Use of this website is governed by these terms and conditions collectively referred below as “Terms of Use & Terms of Sale”. These Terms of Use and Terms of Sale apply to all members and visitors who access www.doggiebazaar.com.

By accessing and browsing this website you agree to accept these Terms of Use and Terms of Sale. If you do not accept these Terms of Use and Terms of Sale, you must refrain from using this website.

These Terms of Use and Terms of Sale may be amended in whole or in part from time to time. Any amendments will be effective immediately upon posting on this website. You should check and read these terms and conditions regularly. By continuing to use this website after any such amendment, you are deemed to have agreed to the amended terms and conditions.

PLEASE READ THESE TERMS OF USE AND TERMS OF SALE CAREFULLY BEFORE USING THIS WEBSITE. These Terms of Use and Terms of Sale incorporate by reference the Privacy Policy, and any capitalized terms in that agreement shall have the same meaning here.

1. GENERAL

Welcome to the website of Pet Project India Pvt. Ltd. (including any of its subsidiaries or corporate affiliates, collectively, "DOGGIEBAZAAR®" "we" or "us"). Any person accessing or using the website and any associated webpages (collectively, the "Website") is referred to as "you". We ask that you review and abide by these Terms of Use & Terms of Sale, our Privacy Policy, our Returns Policy and any other terms and conditions that may appear on the Website from time to time. This Website and its Content (as defined below) are intended solely for personal and non- commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.

2. PRIVACY

We follow stringent procedures to help protect the confidentiality, security, and integrity of data stored on our system. We respect your privacy and promise that will not sell or share your personal information to any third parties, except to those involved in executing your order such as shipping and delivery vendors. Only those employees of Doggie Bazaar who need access to your information in order to perform their duties and/or process your order are allowed access to your data. Any employee who violates our privacy and/or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution. We may be required by law to disclose your information. Please take a few moments to review our Privacy Policy which describes the collection and use of information on the Website.

3. Your Account & Registration Obligations

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your Email ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your Email ID and Password , email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to: (a) Provide true, accurate, current and complete information about yourself as prompted by www.doggiebazaar.com‘s registration form or provided by You as a Guest User (such information being the “Registration Data”) (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or www.doggiebazaar.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, www.doggiebazaar.com has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. You shall immediately notify DOGGIEBAZAAR® of any unauthorized use of your password or identification or any other breach or threatened breach of this website's security. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THIS PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE (INCLUDING ALL OBLIGATIONS, COMMUNICATIONS AND TRANSMISSIONS) IS ACTUALLY AUTHORIZED BY YOU. DOGGIEBAZAAR® reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if DOGGIEBAZAAR® believes that the conduct by the customer violates applicable law or is harmful to website.

4. INTELLECTUAL PROPERTY RIGHTS; CONTENT; Pricing

Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright, trade dress, and/or trademark laws of India, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by DOGGIEBAZAAR®. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party. DOGGIEBAZAAR®, SASSY STELLA. Spreading Pet Karma, Pet Karma, and all related names, logos, product and service names, designs and slogans are registered trademarks of Pet Project India Pvt. Ltd. or its licensors. Such marks cannot be used without the prior written permission of Pet Project India Pvt. Ltd® DOGGIEBAZAAR® owns all the content on this website, including, the text, graphics and copyright works. Heads Up For Tails is the exclusive owner of all rights in the compilation, design and layout of this website. You may not copy any content from this website without the prior written consent from DOGGIEBAZAAR®. Except as may be expressly permitted by DOGGIEBAZAAR®, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software; provided, however, that you may download certain Content as indicated on the Website for your personal, non-commercial use only. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Website, but only while accessing the Website. In addition, you are hereby granted a right to download certain Content as expressly permitted by DOGGIEBAZAAR on the Website, including but not limited to the Digital Content provided as part of the DOGGIEBAZAAR ; Pet Karma Rewards Program set forth in Section 13 below; provided, however, that where DOGGIEBAZAAR expressly permits you to download certain Content as indicated on the Website you may do so only for your personal, non-commercial use and subject to any additional restrictions provided by DOGGIEBAZAAR either in these Terms of Use & Terms of Sale, on the Website or elsewhere as may be indicated by DOGGIEBAZAAR. No right, title or interest in or to any downloaded Content or software is transferred to you as a result of any such permissible downloading or copying. The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and DOGGIEBAZAAR is under no obligation to keep the Content updated. DOGGIEBAZAAR may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. There may be information on this website that contains typographical errors that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice. All prices on the Website are displayed in INR (Indian Rupees) only. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information, Doggie Bazaar shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Doggie Bazaar shall immediately issue credit in the amount of the charge.

5. USER GENERATED CONTENT

As used in this Section, (i) "User Generated Content" means messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service; and (ii) "Interactive Areas" means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Website users may post Comments, content, messages, materials or other items on the Website. GENERALLY By posting, distributing, sending or displaying User Generated Content to the Website, you: a. hereby grant to DOGGIEBAZAAR® a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicenseable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law; b. grant DOGGIEBAZAAR and its subsidiaries the right (but not the obligation) to use your name in connection with such User Generated Content, subject to DOGGIEBAZAAR's Privacy Policy; c. represent and warrant that: i. you own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Website; ii. such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and iii. the usage, publication and posting of such User Generated Content does not violate these Terms of Use and Terms of Sale and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and d. further grant DOGGIEBAZAAR® the right to pursue before any appropriate forum, any person or entity that violates DOGGIEBAZAAR®'s or your rights under any applicable law in the User Generated Content.  User Generated Content submitted by you is deemed non-confidential and DOGGIEBAZAAR® is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, DOGGIEBAZAAR reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. DOGGIEBAZAAR® is under no obligation to offer you any payment or compensation for User Generated Content, respond to any User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the User Generated Content which you have posted to the Website, you hereby agree that: a. you won't require that any personally identifying information be used in connection with the User Generated Content; b. you won't oppose the publication, use, modification or deletion of the User Generated Content by DOGGIEBAZAAR;; and, c. you waive and will not claim or assert any entitlement to any moral rights in any of the User Generated Content, to the extent permissible under applicable law. INTERACTIVE AREAS This Website may contain Interactive Areas. If DOGGIEBAZAAR® provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following: a. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable; b. Material that promotes illegal drugs, tobacco or firearms use; c. Material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations; d. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party; e. Material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity; f. Advertising or links to other commercial websites; g. Names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Security, national identity , passport and/or credit card numbers or other personally identifiable information of any third party; h. Viruses, corrupted data or other harmful, disruptive or destructive files; i. Material that is unrelated to the topic of the Interactive Areas in which such material is posted; j. Material that communicates messages inconsistent with the goodwill of DOGGIEBAZAAR® or which otherwise violates these Terms of Use & Terms of Sale; or k. Material that, in the sole judgment of DOGGIEBAZAAR®, is objectionable or which may expose DOGGIEBAZAAR® , you or other Website users to any harm, prejudice or liability. To the extent possible under applicable law, DOGGIEBAZAAR® takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is DOGGIEBAZAAR® liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms of Use & Terms of Sale. As a simple provider of the Interactive Areas, to the extent permissible by applicable law, DOGGIEBAZAAR® is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Website. DOGGIEBAZAAR® has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through any Interactive Area and makes no claim that it will do so. However, DOGGIEBAZAAR® reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever. Any use of the Website, including the Interactive Areas, in violation of these Terms of Use & Terms of Sale may result in termination or suspension of your permission to use the Website and/or any other website(s) owned or operated by DOGGIEBAZAAR®

6. UNSOLICITED IDEAS SUBMISSIONS

DOGGIEBAZAAR welcomes your feedback regarding our existing products, marketing strategies, business and customer service, subject to Section 4 above. Feel free to contact us with your valuable feedback. However, our company policy does not allow us to accept or consider unsolicited ideas, suggestions, proposals, comments or materials, including for new or improved products, services or technologies, advertising campaigns, promotions, Spreading Pet Karma ideas, product enhancements, processes, materials, designs, marketing plans, designs, artwork or new product names (collectively, "Submissions"). Please do not submit any Submissions in any form to DOGGIEBAZAAR or any of its employees. Since DOGGIEBAZAAR is constantly developing new ideas, strategies and products, we hope that you will understand that this policy is intended to help DOGGIEBAZAAR avoid potential misunderstandings or disputes when DOGGIEBAZAAR' products, lines of business or marketing strategies might seem similar or even identical to Submissions made to DOGGIEBAZAAR®. If, despite our policy, you still provide your Submissions to DOGGIEBAZAAR, the following terms shall apply to your Submissions, regardless of what your communication says. You agree that: a. DOGGIEBAZAAR shall automatically solely and exclusively own the content and form of all Submissions and such shall not be returned to you; b. DOGGIEBAZAAR may use, copy, redistribute and disclose the Submissions for any purpose in any manner, without compensation to you or any other person or party; and c. DOGGIEBAZAAR is not and shall be under no obligation to: (i) pay any compensation for any Submissions; (ii) attribute any Submissions to you; (iii) respond to any Submissions; or (iv) keep any Submissions confidential.

7. THIRD PARTY CONTENT; LINKS TO THIRD PARTY WEBSITES

Any Content, products or services posted on, transmitted through, or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. DOGGIEBAZAAR® does not control, approve, sponsor or endorse any third-party Content, products or services on or linked through the Website and we make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third- party Content are provided for your convenience only. If you choose to access any third-party Content, you agree that you do so at your own risk and DOGGIEBAZAAR® is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party Content, products or services. This Website may contain links to third-party services and resources. You acknowledge that (a) DOGGIEBAZAAR® is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) DOGGIEBAZAAR® is not responsible for any other form of transmission received from any linked website. DOGGIEBAZAAR® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DOGGIEBAZAAR® of the website. Any concerns regarding any such link should be directed to the particular third party website.

8. ACCESS TO AND USE OF WEBSITE; ACCEPTABLE USE POLICY

We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or part of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date. ACCEPTABLE USE POLICY: By using the Website, you agree to comply with all content and conduct standards set forth in these Terms of Use & Terms of Sale. By way of example and not limitation, you agree not to: modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Website, including without limitation, engage in the practice of "screen scraping," or any other similar activity; hack into the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, or attack the Website via a denial-of- service attack or a distributed denial-of service attack; modify another website so as to falsely imply that it is associated or affiliated with the Website; damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party's use and enjoyment of the Website; violate any applicable laws, rules or regulations in your jurisdiction; use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website; or use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms and Conditions. YOU ARE NOT ALLOWED TO MAKE ANY USE OF THE WEBSITE FOR THE BENEFIT OF ANOTHER BUSINESS. ACCOUNT SECURITY: For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You agree, inter alia, to: (a) Provide true, accurate, current and complete information about yourself as prompted by www.doggiebazaar.com‘s registration form or provided by You as Guest User (such information being the “Registration Data”) (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or www.doggiebazaar.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, www.doggiebazaar.com has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

9. COPYRIGHT COMPLAINT POLICY; INFRINGEMENT NOTIFICATION

If you believe in good faith that certain Content on the Website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying DOGGIEBAZAAR® that your copyrighted material has been infringed. Please provide the following information in the following order (including Section Numbers): 1. A clear identification of the copyrighted work you claim was infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. 2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material. 3. Your contact information so that we can reply to your complaint, preferably including your name, address, email address and telephone number. 4. Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. This information and notification is accurate. Under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 5. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on the Website should be emailed or mailed to: Pet Project India Pvt. Ltd. D-303, 3rd floor, Sector-3, Block-D, Phase-1, Dwarka, New Delhi- 110075, India or legal@DoggieBazaar.com, RE: Copyright Infringement We suggest that you consult a lawyer before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, litigation costs and lawyers' fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above and applicable law. REPEAT INFRINGERS: In accordance with applicable law, DOGGIEBAZAAR® has adopted a policy of terminating, in appropriate circumstances and at DOGGIEBAZAAR®'s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. DOGGIEBAZAAR® may also limit or restrict access to the Website and/or terminate the accounts of any users who are deemed by DOGGIEBAZAAR® to infringe any intellectual property rights of others, whether or not there is any repeat infringement, in DOGGIEBAZAAR®'s sole discretion.

10. INDEMNIFICATION

You agree to defend, indemnify and hold harmless DOGGIEBAZAAR®, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, the " DOGGIEBAZAAR Parties") from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to litigation costs and lawyers' fees), arising from or in connection with: (a) your misuse of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, any of the DOGGIEBAZAAR Parties, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Website. DOGGIEBAZAAR® reserves the right to take exclusive control and defence of any claim subject to this indemnification by you, in which event you will cooperate fully with DOGGIEBAZAAR® in asserting any and all available defences. This provision does not require you to indemnify any of the DOGGIEBAZAAR Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Content provided hereunder.

11. DISCLAIMER; WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND CONTENT ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, DOGGIEBAZAAR® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOGGIEBAZAAR® DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, DOGGIEBAZAAR® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, USER GENERATED CONTENT, SUBMISSIONS, INFORMATION, GIVING INFORMATION MADE BY DOGGIEBAZAAR® OR ITS GIVING PARTNERS, INFORMATION PROVIDED BY THIRD PARTY VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE. DOGGIEBAZAAR® ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY THIRD PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY DOGGIEBAZAAR® OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL DOGGIEBAZAAR® OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE " DOGGIEBAZAAR PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPRTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE DOGGIEBAZAAR PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF ANY OF THE DOGGIEBAZAAR RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR ANY CONTENT ON THE WEBSITE, THE DOGGIEBAZAAR RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED INR 2,999.00 IN THE AGGREGATE. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

12. PROMOTIONS

• Any and all offers or promotions advertised on this Website are void where prohibited, and are subject to the posting of any official rules to such offers or promotions. Offers, promotions or discount coupons are NOT valid on Main Course section under Bistro category of the website or any kind of Cat Litter and Beds (under Essentials and Sassy Stella category) except where clearly stated. Any purchase made during a sale or discount period has a 'No Refund' and 'No Exchange' policy. • DOGGIEBAZAAR® is not liable for any faulty or incorrect order made by the customers in terms of size, colour or any other product specification. • Any operational errors in terms of dispatch and delivery from our end will be complied by DOGGIEBAZAAR® • Discount Codes (Eg: HAPPYBOO20) is only valid on the first three purchases made by a user after successful registration on the DOGGIEBAZAAR® website. This coupon (or any other promotional voucher or discount coupon in future) is NOT valid on Main Course section under Bistro category (Food) of the website or any kind of Cat Litter and Beds (under the Essentials and Sassy Stella category) except where clearly stated. • DOGGIEBAZAAR® reserves all rights to change and or cancel the offer without prior intimation. • DOGGIEBAZAAR® reserves right to cancel order without being obliged to give any reason.

14. AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. WE BOTH AGREE TO ARBITRATE: You and DoggieBazaar agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration except to the extent you have in any manner violated or threatened to violate DoggieBazaar’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may initiate a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. WHAT IS ARBITRATION?: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 14 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. ARBITRATION PROCEDURES: Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the Indian jurisdiction and in presence of one arbitrator. If there is a conflict between the jurisdiction of courts in Delhi and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. Payment of all filing, administration and arbitrator fees will be made by You. If travelling to New Delhi is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your lawyers’ fees). Arbitration under these Terms of Sale shall be held in New Delhi, India under Indian law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and DoggieBazaar, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and DoggieBazaar. NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private lawyer general actions, and consolidation with other arbitrations are not allowed. WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and DOGGIEBAZAAR® in any state or court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DOGGIEBAZAAR® WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a law Arbitrator. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH A LAWYER IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing DOGGIEBAZAAR® at legal@ DoggieBazaar.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms of Sale. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website. Choice of Law/Forum Selection Terms of Sale shall be governed by and construed in accordance with the laws applicable in the courts of Delhi, excluding its conflict of law rules./div>

15. GENERAL LEGAL PROVISIONS

These Terms of Use and Terms of Sale are effective unless and until terminated by either you or DoggieBazaar®. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Website. DoggieBazaar® may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Website, for any reason in its sole discretion; however, the provisions in these Terms of Use and Terms of Sale that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Use and Terms of Sale. Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting DOGGIEBAZAAR® products and services available in India. This Website is controlled and operated by DOGGIEBAZAAR® from its registered office in New Delhi. If any portion of these Terms of Use and Terms of Sale is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Use and Terms of Sale shall remain in full force and effect. The failure of DOGGIEBAZAAR ® to insist upon or enforce strict performance by you of any provision of these Terms of Use and Terms of Sale shall not be construed as a waiver of any provision or right. We may provide notice to you relating to the Website and/or these Terms of Use and Terms of Sale by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms of Use and Terms of Sale and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use and Terms of Sale to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and Terms of Sale and/or the Website must commence within three (3) months after the cause of action arises. You may not use the Website or export the Content in violation of laws and regulations applicable in India. If you access the Website from a location outside India, you are responsible for compliance with all local laws. DoggieBazaar®'s performance of these Terms of Use and Terms of Sale is subject to existing laws and legal process, and nothing contained in this these Terms of Use and Terms of Sale is in derogation of DoggieBazaar®'s right to comply with law enforcement requests or requirements. These Terms of Use and Terms of Sale (together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on this Website, and any other terms that may appear on the Website from time-to- time) contain the entire understanding between you and us with respect to your use and access of this Website, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Website. No representation, statement or inducement, whether oral or written, not contained in these Terms of Use and Terms of Sale (and any other terms that may appear on the Website from time-to- time) or the Privacy Policy shall bind any party to this agreement. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of DoggieBazaar®. No other representative has any authority to waive, alter, vary or add to these Terms of Use and Terms of Sale. Before using this Website please read through all referenced documents carefully.

16. COPYRIGHT

© 2016-2017 Pet Project India Pvt. Ltd. All rights reserved.

TERMS OF SALE

IMPORTANT: THESE TERMS OF SALE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW" PROVISION. PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER WITH US FOR A PURCHASE OF A PRODUCT OR SERVICE. These Terms of Sale incorporate by reference the Terms of Use and Privacy Policy, and any capitalized terms in those agreements shall have the same meaning here.

1. ORDERS; GENERAL

By placing an order with DOGGIEBAZAAR, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided. When you send us your order, we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information and your credit worthiness.  We reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers. If your payment method has already been charged for an order that is later modified or cancelled, DOGGIEBAZAAR® shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you. Payment must be made at the time the products are ordered (unless you opt for the Cash-On-Delivery option). When you place an order you will be automatically redirected to the secure CC Avenue website for you to complete payment. DOGGIEBAZAAR® does not keep a record of your credit card details.

DOGGIEBAZAAR® retains the right to accept or deny any offer made. This may be due to the availability of any product, or for any other reason that may affect our ability to supply the products ordered.

No contract is officially formed until we communicate acceptance of your order.

The electronic contract shall have the same legal force and effect as a written contract signed by you.

Please see our FAQs for further helpful information.

2. PRODUCT & PRICING INFORMATION

All prices are current at time of display but these prices are subject to change without notice. Although the Website is composed with care, it may happen that the pricing information on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website. All prices displayed on the Website are quoted in INR or Indian Rupees. Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the actual colours of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website. Further, DOGGIEBAZAAR® has ensured that all measurements, information and description for products furnished on the site are best calculated and stated to accuracy and true to its dimensions. However, due to the inherent characteristics of certain materials, actual measurements of individual items might vary slightly.

3. SHIPPING, DELIVERY, RETURNS AND EXCHANGES, Cancellations and frauds

  • 1. While the Company ensures best quality products, it is not responsible if the quality of the product does not match the expectation of the recipient.
  • 2. Please note that shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed.
  • 3. Sundays and Public Holidays are not included in the number of days mentioned in the delivery schedule. As a result, there could be changes in the delivery timeline.
  • 4. Orders are usually attempted to be delivered within 5-7 business days or as per the delivery date agreed at the time of order confirmation and delivering of the shipment subject to Courier Company / post office norms. Pet Project India Pvt. Ltd. is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 10 working days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation. Delivery of all orders will be made to the registered address of the buyer as per the credit/debit card only at all times (Unless specified at the time of Order).
  • 5. STANDARD SHIPPING: Free Shipping on all orders above Rs. 500 * (T&C applicable). All qualifying orders are dispatched within 2-3 working days from our warehouse. Expected delivery time f
  • 6. EXPRESS SHIPPING:
  • 7. The Company will not be responsible for any loss or damage/delay direct to the consignment or consequential, caused due to incorrect address, any act of God, such as accidents, any natural calamity, war, riot, commotion, strike, Local/Political Disruptions, Air / Rail / Road Disruptions / Delay or any other cause whatsoever beyond the control of the Company. No claim for loss / damage / delay will be entertained by the Company in such events.
  • 8. The company shall not be liable for any consequential or special damages or loss (including loss of income, profits, makers, reputation, use of contents or loss of any opportunity) or other indirect loss arising from the loss, damage, delay, mis-delivery or non-delivery of your consignment even if we had knowledge that such damages or loss might arise. The company shall not liable if your consignment or any part of it is lost, damaged, delayed or more delivered or not delivered at all as a result of ACT OF GOD, FORCE MAJEURE, which shall include war, accident, acts of public enemies, strikes, embargoes, perils of the air, local disputes, civil commotions, National or local disruption in air or ground transportation networks, mechanical problems to modes of transport or machinery or patent defects or inherent vice in the contents of the consignment.
  • 9. In spite of full caution taken at the time of delivery, The Company will not be responsible for a mis-delivery if the receiver of the product at the address on the order form misappropriates, damages or fails to hand over the product to the person named on the order form and takes the item posing himself to be the correct person.
  • 10. CANCELLATIONS BY DOGGIE BAZAAR: Doggie Bazaar has a right to cancel or refuse the order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
  • 11. CANCELLATIONS BY YOU: In case of requests for order cancellations, Doggie Bazaar reserves the right to accept or reject requests for order cancellations for any reason. For you to cancel an order, there is a time period of 24 hours from the time you place the order. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund your amount within 10-15 working days. We will not be able to cancel orders that have already been processed. Doggie Bazaar has the full right to decide whether an order has been processed or not. You agree not to dispute any decision and accept all decisions made by Doggie Bazaar regarding the cancellation.
  • 12. We can only fulfil domestic orders to home and office addresses and do not ship to P.O. Boxes. DOGGIEBAZAAR® does not ship internationally at the moment. While most of our products can be returned, we cannot accept returns of any products purchased through discount coupons or promotional vouchers as well as other items that are marked "Final Sale". If, after you have received any returnable product(s), you are not happy with what you ordered for any reason, you may return the product(s) so long as we receive them back at our warehouse in New Delhi within 10 days after your date of delivery. All returnable items should be returned unopened, unused, in their original packaging and in saleable condition. Your refund shall reflect the total amount you paid for the product(s) you are returning. However, you will not be refunded any original or return shipping or COD costs you may have paid for the delivery of the product(s) to you or return of the product(s) to us. You may choose to receive your refund back to your original method of payment (so long as you did not make your purchase using Store Credit) or in the form of a DOGGIEBAZAAR.com store credit. Please remember that in order for us to process your return, we must receive the item(s) within the 10-day timeframe noted above. Therefore, you must account for the time it takes for the carrier to ship your item(s) back to our registered warehouse in New Delhi. All returns should be addressed to our distribution centre based in New Delhi. The risk of loss of any product(s) ordered through this Website shall transfer to you upon delivery of the product(s) to the shipping carrier. We do not offer exchanges at this time. We apologize for any inconvenience this may cause you. Also, for any other Customer Service related assistance you can contact HappyBoo@DoggieBazaar.com or call us at +91- to help or resolve any query regarding the return of your product(s).
  • 13. FRAUDS: Doggie Bazaar reserves the right to recover the cost of goods, collection charges and other expenses that may occur from persons for using the Site fraudulently. Doggie Bazaar reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these Terms of Use and Terms of Sale.*Terms and Conditions 1. Pet food or cat litter products (as defined below) would be charged itemized shipping charge of Rs. 75/quantity OR Rs. 10/kg of Net Weight, whichever is higher. 2. STANDARD SHIPPING: If the order value is more than or equal to Rs. 500 with no pet food (as under the website category Bistro –> Main Course or Sassy Stella –> Catty Eatery), beds (as under the website category Essentials or Sassy Stella –> Essentials) and cat litter (as under the website category Sassy Stella –> Essentials) then standard shipping would be FREE 3. EXPRESS SHIPPING: If the order value is more than or equal to Rs. 750 with no dog/cat food (as under the website category Bistro –> Main Course or Sassy Stella –> Catty Eatery), beds (as under the website category Essentials or Sassy Stella –> Essentials) and cat litter (as under the website category Sassy Stella –> Essentials) then express shipping would be FREE If the order value is less then Rs. 500 (incase of standard shipping) or Rs 750 (incase of express shipping) with no pet food, beds or cat litter (as defined above) in the order then shipping would be Rs. 49 4. If the order has pet food or cat litter + any other items then the itemized shipping charge that will be applicable: Rs. 75/quantity OR Rs. 10/kg of Net Weight, whichever is higher. Rs. 49  applicable  for Cash On Delivery (COD) payment method. Dear Customer: COD facility is available for Order Value under INR 3000/- 

4. WARRANTY, DISCLAIMER, WAIVER OF LIABILITY FOR DEFECTIVE PRODUCTS (FOOD, CHEWS AND TREATS, TOYS, GROOMING, HEALTH, WELLNESS, SUPPLEMENTS, ESSENTIALS, APPAREL ONLY)

Please check your product(s) promptly upon delivery. If you have purchased any DOGGIEBAZAAR® or any third party products, including but not limited to “Bistro”, “Beauty & Wellness”, “Couture”, “Play”, “Sassy Stella”, “Puppy 101” or any other sections as shown on the DOGGIEBAZAAR® website and it appears that any of these products upon delivery are damaged or otherwise show material or manufacturing defects, please contact us via (1) email at HappyBoo@DoggieBazaar.com (for DOGGIEBAZAAR® website purchases), or (2) WhatsApp, message or call DOGGIEBAZAAR® Happy Boo customer support on +91-9971435504. Please note that this warranty does not apply to normal wear and tear, wilful damage, abnormal storage, alterations, repairs, improper fit, dye transference/zips, natural imperfections or improper or unreasonable use. If the product(s) noted in this section are defective, we will offer you, at DOGGIEBAZAAR® sole discretion, either a refund (including the purchase price at the time of placing the order) or provide you with replacement product(s) at no cost to you

Food (Bistro - including Appetisers, Main Course, Beverages, Catty Eatery under Sassy Stella, Candy Shop under Puppy 101 or any other food or beverage-related section on www.DoggieBazaar.com): In no event shall Pet Project India Pvt. Ltd. be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of any edible product purchased herein. You agree and acknowledge that any product purchased should be used at your own risk and you should assess the risks individual to your pet before purchasing any product or using any product with or on your pet. You agree that in the event that Pet Project India Pvt. Ltd. is deemed liable for any harm caused, the amount which it shall be liable to you shall be limited to the cost of the product excluding any shipping or COD costs. Before feeding or treating your pet with any product purchased herein, you should consult a veterinarian for potential medical issues your pet may face with the use of our product. The products sold herein are not meant to diagnose, treat, cure, or prevent any condition that may befall your pet unless otherwise stated at the undertaking of the involved third-party reseller. You assume all liability for the treatment of your pet.

Grooming, Health, Beauty & Wellness, Essentials: In no event shall Pet Project India Pvt. Ltd. be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of any product purchased herein. You agree and acknowledge that any product purchased should be used at your own risk and you should assess the risks individual to your pet before purchasing any product or using any product with or on your pet. You agree that in the event that Pet Project India Pvt. Ltd. is deemed liable for any harm caused, the amount which it shall be liable to you shall be limited to the cost of the product. Before treating your pet with any product purchased herein, you should consult a veterinarian. You agree and acknowledge that nothing sold on this site should be used to replace a veterinarian’s professional treatments of your pet and should be merely used as a supplement in the event that such product is recommended for a particular reason by your veterinarian after evaluating your pet’s condition. The products sold herein are not meant to diagnose, treat, cure, or prevent any condition that may befall your pet. You assume all liability for the treatment of your pet. 

Pet Toys (“PLAY”): In no event shall Pet Project India Pvt. Ltd. be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of any pet toy purchased herein. You agree and acknowledge that any product purchased should be used at your own risk and you should assess the risks individual to your pet before purchasing any product or using any product with or on your pet. You agree that in the event that Pet Project India Pvt. Ltd. is deemed liable for any harm caused, the amount which it shall be liable to you shall be limited to the cost of the product. In no event should you allow your pet to use this product unattended, nor should you leave any children unattended in the presence of this product as it may present a choking hazard. This warranty is only applicable for above mentioned category of products purchased from DOGGIEBAZAAR®.

REDEEM VOUCHERS AND PROMOTIONAL CODES

There are limited period vouchers and promotional codes which can be issued, or cancelled by Doggie Bazaar as part of any campaign or scheme. The terms for these campaigns will be decided by Doggie Bazaar at the time of the campaign and these should be acceptable to you.

5. RECALL

You agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.

7. THIRD PARTY PRODUCTS

The Website may contain products that are produced and manufactured by third party suppliers and not by DOGGIEBAZAAR®. DOGGIEBAZAAR® is not responsible for any third party products or for the actions or inactions of any third party vendors or suppliers. DOGGIEBAZAAR’ inclusion of such products does not imply any endorsement of such or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with such vendor(s) or supplier(s). DOGGIEBAZAAR does not assume any responsibility or liability for the products of third parties. While DOGGIEBAZAAR® aims to ensure that all third party vendors suppliers are honest and truthful when making representations regarding their products, we cannot warrant or represent that the statements they make are truthful, complete or accurate. Please carefully review the terms of use, privacy policy, and all other relevant user agreements for any third party products available on the Website.

8. AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. WE BOTH AGREE TO ARBITRATE: You and DOGGIEBAZAAR agree to resolve any claims relating to these Terms of Sale through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate DOGGIEBAZAAR’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. WHAT IS ARBITRATION? : Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 8 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. ARBITRATION PROCEDURES: The jurisdiction of the courts in New Delhi, India governs the interpretation and enforcement of this dispute resolution provision. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the applicable laws in New Delhi, India. To initiate arbitration, you or DOGGIEBAZAAR must do the following: Payment of all filing, administration and arbitrator fees will be made by You. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden. Arbitration under these Terms of Sale shall be held in New Delhi, India under Indian law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and DOGGIEBAZAAR, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Sale. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and DOGGIEBAZAAR. NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private lawyer general actions, and consolidation with other arbitrations are not allowed. WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and DOGGIEBAZAAR® in any state or court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DOGGIEBAZAAR® WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AA LAWYER IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing DOGGIEBAZAAR® at legal@ DoggieBazaar.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms of Sale. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website. Choice of Law/Forum Selection In any circumstances where this Section 8 (Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in court, these Terms of Sale shall be governed by and construed in accordance with the laws of New Delhi, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the state of Delhi, India.

9. DISCLAIMER; WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODUCTS ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, DOGGIEBAZAAR® and SASSYSTELLA® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENTS, OR ANY OF THESE TERMS OF USE AND TERMS OF SALE, WE WOULD LIKE TO HEAR FROM YOU. HOWEVER, YOUR ONLY LEGAL REMEDY IS TO STOP USING THE WEBSITE. DOGGIE BAZAAR DOES NOT WARRANT YOUR USE OF THE SITE.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL DOGGIEBAZAAR® OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "DOGGIEBAZAAR RELATED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT SAID, IF ANY OF THE DOGGIEBAZAAR RELATED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH THE PURCHASE OF ANY PRODUCTS ON OR THROUGH THE WEBSITE, THE DOGGIEBAZAAR RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED Rs. 2,999.00 OR THE PURCHASED INVOICE VALUE WHICHEVER IS LOWER IN THE AGGREGATE.

11. COPYRIGHT

© 2016-2017 Pet Project India Pvt. Ltd.. All rights reserved. The User is bound to above terms and conditions once he/she places the order. The sender should read the above terms and place the order with the portal only if they are acceptable by him/her. Your failure to comply with the Terms and conditions automatically revokes your authorization to use the website.