This Terms of Use agreement is effective as of: 1^st October, 2040, www.petsfolio.com is a domain being purchased & used on 1^st October,  2040.

1. Acceptance of Terms

These Terms of Service (the “Terms”) are a binding legal agreement between you and Petsfolio Pet Services Pvt Ltd., a company incorporated under the laws of Telangana with a registered office at Hyderabad, Telangana (“Petsfolio”, “we”, “us”, “our” and “company”). The Terms govern your use of our software and web applications, resources and services for Service Users and Service Providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “Petsfolio Service”). The Terms govern all use of the Petsfolio Service, whether you access it from our website at https://www.petsfolio.com (or any localized version) (the “Site”), our mobile applications and mobile websites, our Facebook application, our online or phone support offerings, or any other access point we make available to you. BY AGREEING TO THESE TERMS DURING THE USER REGISTRATION PROCESS OR ACCESSING OR USING THE PETSFOLIO SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE PETSFOLIO SERVICE.

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective when we post the modified Terms on the Petsfolio Service, unless otherwise required by applicable law. Your continued access and use of the Petsfolio Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

2. Key Terms

“Account” – a record of information about a person created when this person completes the registration process on the Platform;

“Booking” – the engagement of a Service Provider by a Service User via the Platform with respect to the provision of Pet Services, on the terms specified by the relevant Service User and Service Provider in the Platform’s booking process and these Terms;

“Booking Fee” – the Fee payable by an Service User to Petsfolio upon making a Booking;

“Content” – text, graphics, images, music, software, audio, video, information, compilations, documents, data or other materials;

“Fee” – any fee payable by You to Petsfolio in connection with the Platform or Services;

“Service listing” – the service listing by a Service Provider on the Platform to Service Users, subject to the completion of a Booking;

“Mobile/web Applications” – any mobile or web application made available to Users with respect to Our Services and the Platform;

“Service User” – a person who completes Petsfolio’s account registration process as a pet owner as set out on the Platform and searches for and/or books Pet Services via the Platform;

“Our Services” – the services, information and resources provided by Petsfolio through the Platform;

“Service Fee” – the Fee payable by a Service User to the Service Provider (via Petsfolio), during a service Booking;

“Service Commission” – the Commission payable by a Service Provider to Petsfolio, with such amount to be deducted from the Pet Service Fee payable by the Service User to the Service Provider pursuant to the relevant Booking;

“Payment Gateway” – the application provided on the Platform pursuant to which Service Users can make payments for Pet Services, including the Pet Service Fee, the Booking Fee and Our Service Fee;

“Pet” – the dog with respect to which the Service User is seeking and or books Pet Services;

“Pet Services” – services provided by Service Providers to Service Users pursuant to a Booking, including without limitation the provision of housing of Pets and other Pet related services;

“Platform” – a suite of software applications and websites that enables Owners to search for and book Pet Services offered by Service Providers. It encompasses both the Site and Mobile Applications;

“Profile” – that part of the Account that is visible to Users;

“Site” – any site made available by Petsfolio with respect to the Platform, including specifically www.petsfolio.com

“Service Provider” – a person who registers a Petsfolio Account and creates a Service Listing or otherwise offers to provide Pet Services via the Platform;

“Third Party Providers” – Petsfolio’s third party agents, contractors, distributors, merchants or sponsors or any User (including providers of medical or other services in respect of a Pet);

“User” – a person who creates an Account or otherwise uses the Platform or Our Services;

“User Generated Content” – a specific type of Content, that is submitted or uploaded by a User on the Platform; and

“You” – a person who accesses or uses the platform, whether or not as a User, Third-Party, Service User or Service Provider.

“Account Suspend” – an account of a Service User, Service Provider or Third Party is temporarily stop from continuing or being in force or effect.

“Account Close” – an account of a Service User, Service Provider or Third Party is permanently stop from continuing or being in force or effect.

“Chargeback” A chargeback is a return of money to a customer’s card or account after they dispute a payment on their statement.

“Badges” Badges are an internal recognition method built for Service Providers in our Platform

“Transaction Fee” A transaction fee is a charge that a business has to pay every time it processes a customer’s payment. The cost of the transaction fee will vary depending on the service used

“Device” shall mean computer, mobile or other device used to access the Services.

“Device Identifier” shall mean IP address or other unique identifier for the Device.

“Mobile Application” shall mean application provided by us on the Device to access the Services.

“Third Party” shall mean a third party service provider.

3. Petsfolio Service

Nature of the Petsfolio Service:
The Petsfolio Service consists of a desktop Web application, mobile applications, and other related tools, support and services that Service Users (“Service Users”) and providers of pet-related services (“Service Providers”) can use to find, communicate with and interact with each other. The Petsfolio Service includes our emergency support services, educational materials for Service Providers, and other services. We charge fees for some aspects of the Petsfolio Service, as described below.

Role of Petsfolio:
Petsfolio is a neutral venue for Service Providers and Service Users. Petsfolio is NOT a Service Provider and, except for emergency phone support and other resources and support specifically described in the Petsfolio Service, does not provide pet care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with users. Service Providers listed on Petsfolio are not under the direction or control of Petsfolio, and Service Providers determine in their own discretion how to provide Pet Care Services. Though we provide general guidance on our Site to Service Providers about safety and pet care and to Service Users about selecting and engaging Service Providers, Petsfolio does not employ, recommend or endorse Service Providers or Service Users, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Service Users, whether online or offline. We conduct an initial review of Service Provider profiles and we facilitate Background Checks or Identification Verification on Service Providers conducted by a third party, but, except where explicitly specified in the Petsfolio Service (and then only to the extent specified), do not otherwise screen Service Providers or Service Users. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Pet Care Services, or otherwise interacting with users via the Petsfolio Service. Service Users and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Petsfolio Service is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet. Similarly, Petsfolio does not endorse reviews of Service Providers by other Service Users that may be available via the Petsfolio Service, and Petsfolio makes no commitments that such reviews are accurate or legitimate.

Release & non liability:
Petsfolio has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Service Users, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

Transactions are between Service Users and Service Providers:
The Petsfolio Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the Petsfolio Service are between Service Users and Service Providers. You agree that Petsfolio has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Petsfolio Service.

Bookings:
Service Users and Service Providers transact with each other on the Petsfolio Service when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via the booking mechanism provided on the Petsfolio Service (a “Booking”). A Booking may be initiated by either a Service Provider or a Service User by selecting the type(s) of Pet Care Services to be provided and then following the prompts that appear on-screen. If you are a Service User and you initiate a Booking, you agree to pay for the Pet Care Services described in the Booking when you click “Request & Pay.” If you are a Service User and a Service Provider initiates a Booking, you agree to pay for the Pet Care Services described in the Booking when you click “Pay Now.” All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.

3. Modifications

Petsfolio reserves the right to change these Terms at any time, including to vary, remove, or introduce Fees.  Before changing these terms, Petsfolio will try to give Users notice of such change by way of update before they take effect, although this may not always be possible. Please check our Platform regularly for updates. Such modifications will be effective immediately upon posting (or if a date is specified in the notice, that date). Any changes to Terms will not have retrospective effect and will only impact upon bookings made after the time of the change. Continued access or use of the Platform shall be deemed conclusive evidence of Your acceptance of the modified Terms. 

4. Privacy Policy

Petsfolio has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Platform is governed by the Privacy Policy.

The Privacy Policy is located at: https://www.petsfolio.com/in/privacy-policy/

5. Compliance with Laws

By accessing and using the Petsfolio Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Petsfolio Service.

For Service Users, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or micro-chipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Service Providers (and that such policies will benefit third parties, including Service Providers, to the same extent they benefit you).

For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Pet Care Services in the jurisdiction where you provide Pet Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to legally provide Pet Care Services; and that, when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and similar laws. You are also solely responsible for complying with any and all applicable income tax laws and regulations that apply to Your activity on the Platform. This includes the payment of income tax on any amounts collected for Pet Services provided. Without limiting the preceding paragraph, it is Your sole responsibility and obligation to comply with any applicable laws relating to the Pet Services, including without limitation with respect to the boarding of animals and the keeping of animals at private residences, including any applicable state and central animal welfare bodies and the local regulations and by-laws.

You acknowledge that Petsfolio is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.

EACH USER IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENCES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY PET SERVICES. PETSFOLIO ASSUMES NO RESPONSIBILITY FOR A SERVICE PROVIDER’S FAILURE TO OBTAIN SUCH PERMITS, LICENCES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.

6. Relationship

You acknowledge and agree that nothing in these Terms or Your use of the Platform, Our Services or the Pet Services creates a relationship of principal and agent, employer and employee, partnership or joint venture between Petsfolio and any User, and that You must not represent to any person that You are authorized to exercise any responsibilities for or on behalf of Petsfolio.

Petsfolio is not an employment service and does not serve as an employer of any user, nor is Petsfolio in the position to provide any income tax related advice. As such, Users are solely responsible for any income tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any Pet Services provided by the Service Providers.

You understand and agree that if Petsfolio is found to be liable for any tax, withholding tax or reporting obligation in connection with any Pet Services provided or received by You, then You will immediately reimburse and indemnify Petsfolio for all costs, expenses and liabilities (including any interest and penalties) relating to the same. 

7. How Petsfolio Platform Works

The Platform can be used to book Pet Services provided by Service Providers. These Pet Services are shown on the Listings on the Platform. Service Users may be required to provide personal information, including without limitation about their house address, phone number, email ID and the details of their Pet such as name, age, breed etc. Each Service Provider can set the details and prices for the Pet Services only in accordance with the parameters allowed by the Platform. It is not possible to view Listings as an unregistered visitor to the Platform. If You want to book Pet Services provided by the Platform or set up a Listing for Yourself, You need to create an Account.

Each Service Provider must provide the Pet Services in accordance with the relevant Booking, and each Service User must pay the Booking Fee and the Pet Service Fee pursuant to that Booking via the Payment Gateway.

Petsfolio connects Service Users and Service Providers and provides the Payment Gateway as set out in these Terms. However, Petsfolio plays no role in the agreements between Service Users and Service Providers with regards to the provision of Pet Services. Service Providers and Service Users are solely responsible for such agreements.

The Service User is obliged to pay the Pet Service Fee and/or Booking Fee applicable to a Booking using the Payment Gateway at the time both the Service User and the Service Provider have agreed on the Booking made through the Platform.  The Pet Service Fee paid by the relevant Service User will be retained by Petsfolio until the completion date (or an extended period if there is a dispute, fraud/unauthorized transaction) of the relevant Booking in accordance with these Terms.  Subject to the Withholding Period, Petsfolio will transfer the relevant Pet Service Fee, less Our Service Commission, to the Service Provider’s nominated bank account, after the Service Provider has submitted a withdrawal request for the payment.

Each Service Provider acknowledges that, notwithstanding that the relevant Withholding Period for a Booking may have ended, a Service User may be legally entitled to a refund or other remedy with respect to the Pet Services under any applicable law.  To the maximum extent allowed at law, each Service Provider indemnifies Petsfolio with respect to any and all costs or expenses incurred by Petsfolio with respect to such a claim made by a Service User with respect to Pet Services performed by that Service Provider, whether before or after the Withholding Period applicable to the relevant Booking.

In consideration of each User enjoying our Services:

• the Service Provider must not provide any Pet Services or similar services to that Service User; and
• the Service User must not solicit any Pet Services or similar services from that Service Provider, except through the ongoing use of Our Services and the Platform.

Warning: You acknowledge that any breach by You of this section would cause harm and damage to Petsfolio, and in the event of breach Petsfolio reserves the right to suspend or terminate Your access to the Platform and/or Our Services. You acknowledge that the covenants contained in this section are fair and reasonable.

8. Service Fee, GST & Service Commission

In exchange for certain of Services, Service Users must pay the Service Fee as contemplated by these Terms. Registering on the Platform is absolutely free. To register as a Service User or Service Provider, Users must complete the registration process in the manner described on the Platform.

If You are a Service User, You must pay Service Fee with respect to each Booking made with Service Providers. The Service Fee is a fixed amount, solely decided by the Service Provider, specified in the relevant Booking. The Service Fee is inclusive of 5% GST.

Petsfolio’s Service Commission is deducted from the Pet Service Fee which is payable to a Service Provider in accordance with these Terms. The Service Commission is fixed at 10% with inclusive of 5% GST. It covers the costs of publicizing the Service Provider’s profiles, payment processing, platform maintenance and customer support provided by Petsfolio.

Any changes to any of our Fees are effective once they are posted on the Platform (unless a specific effective date has been specified). Unless otherwise stated in the relevant Booking, all Fees are quoted and payable in Indian Rupees. Each User accepts the responsibility to pay the amounts payable with respect to such Fees and applicable taxes in a timely manner by means of a valid payment method that Petsfolio accepts.

9. Milestone Payments

Using milestone payments, a Service User can break down a whole service into stages, and offering a single payment for a specific deliverable or milestone as a part of a whole service. It’s important to clearly define what each of the milestones of a service are. 

10. Cancellations & Refund

Cancellations by Service Provider:
If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees (after deducting the transaction fee) paid by the Service User for Pet Care Services not provided, as well as any service charge paid to Petsfolio. The Service Provider can appoint a substitute Service Provider (as agreed by the Service User and so long as the substitute has an active account on the Petsfolio Service and has agreed in writing to accept a Booking) by contacting Petsfolio to modify the Booking.

Cancellations by Service Providers are taken very seriously. Petsfolio will review each Service Provider’s cancellation on a case-by-case basis and Petsfolio reserves the right to suspend or terminate the Service Provider’s Account and/or access to the Platform in Petsfolio’s absolute discretion.  It is the responsibility of each Service Provider to only accept those Bookings that the Service Provider can commit to.

Without limiting the above, if a Service Provider cancels 3 or more paid Bookings within a 3-month time frame, this may result in immediate account suspension.

Cancellations by Service User:
If a Service User cancels a Booking prior to the period specified in a Booking, we will refund the Service Fee in accordance with the cancellation policy. This refund Service Fee will not be credited to the source of payment. It will be stored in the Service User’s Petsfolio wallet. If a Service User cancels a Booking during the service period specified in a Booking, we will not refund the Service Fee in accordance with the cancellation policy.

Cancellations due to Force Majeure:
The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or Service Users that make it impossible or impractical to perform agreed Bookings, such as earthquake, hurricane, wildfire, flood, war, riots or other similar disaster (as per the government declaration). In such cases Petsfolio may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider’s selected cancellation policy.

General Terms for Cancellations:
All Service Providers and Service Users are required to read cancellation policy prior to completing a Booking so that both the parties are aware of the cancellation policy prior to Booking. If You require more information about cancellation policies, please contact us prior to Booking. If you wish to cancel a Booking, you should use the mechanisms available through the Petsfolio Service to do so. For purposes of the policies and terms, the date of cancellation is the date that a user cancels through the Petsfolio Service, regardless of any separate communications between users outside of the Petsfolio Service.

Refund
Every qualified refund will attract a Transaction fee (transaction fee will vary depending on the service used), which will be deducting from the amount that Petsfolio refunds to You.

11. Payments to Service Providers

If the service commenced in between;	The payment release date would be;
1st to 15th of the month	31st of the month (or the last day of the month, whichever is earlier)
16th to 31st (or the last day of the month, whichever is earlier)	15th of the upcoming month

Payments to the Service Providers will be released only if the Service Provider nominates a bank account. If you would like to update/change your bank account details, please do write to support@petsfolio.com at least one week prior to the payment release date.

12. Service Provider Credibility

Petsfolio validates the credibility of Service Provider by awarding ‘Badges’. It is the process by which a Service Provider can add his details such as:

• Phone number
• Email ID
• Address Proof
• Identity Proof
• Police clearance
• Certifications

In exchange of adding the above mentioned details, Petsfolio will reward the Service Provider with Badges. The more the Badges, the better the credibility is.

13. Failure to retrieve Pet

If a Service User makes a Booking for Pet Services such as Pet Sitting or Pet Boarding and fails to retrieve the relevant Pet within one (1) day (or any earlier time period agreed by the Service User at the time of Booking) after the date specified in the relevant Booking for the completion of the Pet Services, the Service User agrees that Petsfolio may (but has no obligation to), in its sole discretion, place or arrange a third party to place the relevant Pet(s) in foster care, shelter or similar and may notify the relevant authorities.  Each Service User agrees that they are solely responsible for and indemnify Petsfolio for all costs, expenses and liabilities that Petsfolio may incur arising directly or indirectly from the Service User failing to retrieve the relevant Pets with respect to any Booking of the Service User.  Nothing in these Terms operates to limit any applicable laws that may apply to a Service User’s failure to retrieve Pet with respect to any Booking of the Service User, including any applicable animal abandonment or cruelty laws. 

14. Medical Issues and Emergencies

The contact information relating to the Service User and the Service Provider who have entered a Booking is automatically provided to the other party after the Booking process.

Each User acknowledges and understands that such contact information will be relied upon in the event that Petsfolio, a Service User or a Service Provider (as the case may be) needs to contact the relevant User, including with respect to any emergency, medical issue or otherwise in the provision of any applicable Pet Services. You must keep all such contact information up-to-date at all times and must ensure that any Service User or a Service Provider You engage using the Platform is provided with and aware of such contact information.

In the event a Service Provider, in carrying out Pet Services, reasonably considers that the relevant Pet needs veterinary care or any other medical attention whilst in the Service Provider’s care, the Service Provider must immediately contact Petsfolio or the relevant Service User using the contact information provided by the Service User.  In such case, the Service User agrees to respond to such communication from the relevant Service Provider and to provide instructions as to how the Service Provider should proceed, including whether medical assistance should be sought and if so, what kind of medical assistance should be sought, and whether the Service Provider can contact the veterinary contact provided by the Service User or in the absence of such contact information, a veterinary that the Service Provider reasonably believes to be appropriate.

In the event that a Pet reasonably requires veterinary care or any form of medical assistance whilst the Pet is in the care of a Service Provider pursuant to a Booking, then, provided that the relevant veterinarian or medical practitioner is qualified to provide medical treatment or advice regarding the Pet pursuant to any applicable laws, the Service User acknowledges, agrees and authorizes any actions to be taken with respect to the Pet which that veterinarian or medical practitioner recommends.

Without limiting the above, in case of any emergency relating to a Pet in the care of a Service Provider, the Service Provider must immediately notify the Service User (and any emergency contact provided by the Service User pursuant to the relevant Booking) and Petsfolio by sending us an email at service@petsfolio.com (and putting “Emergency” in the email subject line). The Service Provider must provide all relevant details of any emergency so that the Service User, the Service User’s emergency contact and/or Petsfolio can determine which veterinary care is required.  In the event that the Service Provider is unable to contact the Service User, Petsfolio will take reasonable efforts during Petsfolio’s normal business hours to contact the Service User or their emergency contact and notify them of the situation.

If the Service User cannot be contacted in event of an emergency, the Service User authorizes the Service Provider and/or Petsfolio to take any and all actions reasonably required to obtain veterinary care and/or any other medical assistance and to take any actions recommended by such veterinarian or medical practitioner (as the case may be) with respect to the relevant Pet.

Without limiting the above, if a Service User and a Service Provider agree in writing as to the procedure to be followed in the event of an emergency, the Service Provider must use best endeavors to comply with such directions.  This notwithstanding, each Service User agrees that the Service Provider can seek veterinary care or other medical assistance, as the Service Provider, acting in good faith, considers reasonably appropriate, including in the event that the Service User cannot be contacted.

In the event that the Petsfolio and/or a Service Provider obtains any veterinary care or other medical assistance with respect to a Pet, to the maximum extent allowed by law the Service User must:

• except to the extent that the Service User and the Service Provider have agreed otherwise in writing, indemnify the Service Provider for any and all reasonable costs, expenses and liabilities incurred by the Service Provider in connection with the relevant veterinary care or medical assistance;
• indemnify Petsfolio and any authorized representative of Petsfolio, from and against any cost, expense or liability incurred by Petsfolio or their authorized representative in connection with the relevant veterinary care or the medical assistance; and
• release and hold harmless Petsfolio and their authorized representatives, from and against any liability that may arise (whether under contract, tort, statute or otherwise) as a result of the Service Provider failing to seek veterinary care or medical assistance in respect of a Pet.

Each Service User agrees that any costs or expenses incurred in connection with obtaining veterinary care or other medical assistance with respect to the Service User’s Pet under a Booking may be charged directly to the Service User.  The Service User also authorizes the Payment Gateway Provider to charge any amount that we consider to be the subject of such indemnity. These amounts may be charged from the nominated bank account of the Service User using any credit card or PayPal details provided by the Service User.

15. Property Damage

Petsfolio is not liable to any property damage caused by a Pet or by a Service Provider to a Service Provider or Service User’s property or any other person’s property living in the same household as the Service Provider, nor does it cover any damage to a User’s property directly or indirectly caused by the Pet Services.  Notwithstanding this, You acknowledge and agree that Petsfolio does not have any responsibility to reimburse or otherwise cover You for any property damage whatsoever, and You hereby indemnify, release and hold harmless Petsfolio with respect to any cost, expenses or liabilities incurred directly or indirectly in connection with any Pet Services, including with respect to any damage of property.

Petsfolio is not a party to any agreement between Users pursuant to any Booking, and as such each User agrees that any dispute relating to property damage in connection with Pet Services must be settled between the relevant Users.  Each User releases and indemnifies Petsfolio with respect to any dispute between Users, including (without limitation) with respect to damaged property.  This notwithstanding, Petsfolio may elect, in its absolute discretion, to facilitate communication between disputing Users.

16. Risk Management

This clause applies notwithstanding anything in these Terms to the contrary.

Petsfolio and its affiliates and Third Party Providers and their respective directors, officers and/or employees (collectively referred to as ‘Petsfolio entities’) disclaim all risk of any loss, liability or damage (including personal injury, property damage, or death to any person or animal), which may arise in relation to the User’s use of the Platform, Our Services or the Pet Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted at law. This disclaimer of loss, liability and damage applies even if the Petsfolio entities should have the knowledge or have been advised, of the possibility of such loss, liability or damage.

Subject to the following paragraph, except where expressly provided otherwise on the Platform, all Content and Our Services are provided “as is” and each Petsfolio entity disclaims all express or implied representations, guarantees, warranties and conditions (“guarantees”) in relation to the Platform and Our Services, including such guarantees of merchantability, safety, fitness for a particular purpose, title, non-infringement, quality of goods and services (including Our Services and Pet Services), reliability, availability, timeliness, quality, accuracy and suitability, and any guarantee related to the quality of goods and/or services of Third Party Providers and any persons or businesses referred to on the Platform, including such guarantees as may be implied by law. Without limiting the generality of the foregoing, each Petsfolio entity disclaims any guarantee that the operation or use of the Platform or provision of Our Services will be uninterrupted, secure, timely or free of errors, viruses or other items of an intrusive nature. Each User acknowledges that none of the Petsfolio entities has control over the transfer of data over communications facilities, including the internet, and that the Platform and Our Services may be subject to delays, limitations, and other problems inherent in the use of such communications facilities and no Petsfolio entity is responsible for any delivery failures, delays or other damage resulting from such problems.

Nothing in the preceding paragraphs will operate to exclude any guarantee that may not be lawfully excluded. To the extent that a guarantee implied by law may not be lawfully excluded, but liability for breach thereof may lawfully be limited, the liability of each Petsfolio entity for breach of each such warranty is limited to one or more of the following (at the discretion of the relevant Petsfolio entity) and each User agrees that it is reasonable for the relevant Petsfolio entity to limit liability in the following manner:

• In the case of services (including Our Services):
  • the supplying of the relevant services again; or
  • the payment of the cost of having the relevant services supplied again.
• In the case of goods:
• the repair of the goods;
• the payment of the cost of having the goods repaired.
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the replacement of the goods or the supply of equivalent goods.

Each Petsfolio entity disclaims all liability for any incidental, indirect, special or consequential damages which may arise in regards to the use of the Platform, Our Services or the Pet Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted by law.

To the maximum extent permitted by law, each User assumes, on behalf of itself and all third parties (including minors) who may be exposed to any animal in connection with any use of the Platform, Our Services or the Pet Services, all risk of liability, loss or damage (including property damage, personal injury or death to any person or animal) which may arise in relation to the use of the Platform, Our Services or the Pet Services (whether arising in breach of contract, breach of statutory duty, tort (including negligence), or otherwise). Without limiting the foregoing, each User acknowledges the risks arising providing or receiving Pet Services, including with respect to the risk inherent in dealing with an animal that may not be familiar with or accustomed to any persons (including minors) or property to whom such animal may be exposed.

Each User acknowledges that Our Services and Pet Services facilitated through the Platform are not appropriate for all animals and Pets. Each User acknowledges and agrees that Petsfolio is in no way responsible for any determination as to whether Our Services are appropriate or suitable for any Pet, nor are we responsible for any determination as to whether any Service Provider is appropriate or suitable for the provision of Pet Services in relation to any Pet.

To the maximum extent allowed at law, Petsfolio makes no guarantee, representation or warranty regarding any User Generated Content, including with respect to the accuracy or reliability of any User Feedback, comments or ratings on Service Providers on the Platform, nor as to the quality, security or positive features of the Service Provider or any location where Pet Services are provided.

Petsfolio is not a party in any Booking, agreement or transaction between Users.  Petsfolio is not responsible for verifying or authenticating any User Generated Content and any other details provided by or about a User on the Platform, including with respect to any insurance coverage held by the User or any medical certifications.  Each Service User and Service Provider must make available all relevant information reasonably required in connection with the provision of Pet Services, including with respect to any medical issues, allergies or other conditions that may be relevant to the Pet Services.

17. Fair Conduct and Use of the Platform

Users must only use the Platform, Our Services and the Pet Services in good faith and with respect for each other User. Petsfolio reserves the right to review, suspend or terminate Your Account or Your access to the Platform if we determine that You have breached or threaten to breach any of these Terms.  Without limitation, You must not do any of the following with respect to the Platform or Our Services:

1. Use or access the Platform for a commercial purpose other than the provision or receipt of Pet Services;
2. Change, or copy any Content on the Platform, for any purpose other than in the proper use of Our Services or the Platform, such as updating Your Profile in good faith;
3. Post any misleading, untrue, offensive, malicious or otherwise inappropriate Content on or to the Platform;
4. Use or access the Platform with the intention to harm, or use that would likely result in damage of any way to any person or animal, as can be reasonably foreseen by a reasonable person;
5. Take any steps with the goal of bypassing these Terms or to make unauthorized use of the Platform or to avoid any payments that need to be made related to the Platform in accordance with these Terms;
6. Use the Platform for any purpose that violates any applicable state, national or international laws. This also holds for any use of any Content on the Platform that in any manner violates any applicable laws and regulations (including laws relating to trademark, copyright, confidentiality, telecommunications and/or privacy) or in any way, which may infringe the rights of any person;
7. Disguise the origin of information transmitted to, through or from the Platform;
8. Impersonate another person or entity or allow any other person or entity to impersonate You or access Your Account;
9. Collect information about Users or the Platform or monitor all or part of the Platform or any Content contained on the Platform (whether manually or in an automated manner such as crawling, indexing, deep-linking, page-scraping or any program, other automatic device, methodology or algorithm);
10. Distribute viruses or other harmful computer code to or on the Platform; or
11. Otherwise use Our Services or the Platform in a way that was not intended by us.

Users have the right to filter objectionable, defamatory or offensive material. This can be achieved in multiple ways across the Platform. Some of these methods are listed below:

1. Flagging a User’s profile as inappropriate;
2. Direct e-mail to Petsfolio via service@petsfolio.com; and
3. Direct phone contact with Petsfolio during Petsfolio’s normal business hours on_____.

Petsfolio will use best endeavors to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable.

Petsfolio reserves the right, in its sole discretion, to terminate, cancel, or suspend a User’s Account or access to all or part of the Platform for failing to comply with these Terms. Furthermore, Petsfolio reserves the right, in its sole discretion, to delete any User Generated Content that Petsfolio considers is inappropriate.

18. Links to Third Party Sites

The Platform may have references or contain links to sites controlled by parties other than Petsfolio. Petsfolio provides these links as a convenience and as interesting information for its Users and, except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, Petsfolio is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third party sites. A User must always be cautious and take reasonable precautions to ensure that each such third-party site is free of viruses or other items of an intrusive nature.

19. Third Party Advertising and Analytic Cookies

Ads appearing on the Platform may be delivered to Users by advertising partners, who may set cookies.  These cookies allow the ad server to recognize. Your computer each time they send you an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

20. Termination and Account Cancellation

You breach or threaten to breach these Terms, Petsfolio reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Platform and Our Services at any time without prior notice. If you are awaiting delivery of services (including any Pet Services pursuant to a Booking), Petsfolio reserves the right to cancel the delivery of such services. A refund will not be issued.

Petsfolio may, in its sole discretion and with or without prior notice, without liability to You, with or without cause, and at any time: (a) terminate these Terms or Your access to the Platform, and (b) deactivate or cancel Your Petsfolio Account or registration or similar uses of the Platform. Petsfolio’s proprietary rights, indemnities, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any such termination. Petsfolio may provide notice of termination by regular mail or email, but is not obliged to do so. You may cancel Your Petsfolio Account at any time by sending an email to service@petsfolio.com. However, it is important to note that You are personally liable for any Bookings, orders, Listings or pending transactions that apply to You or charges that You incur prior to Your termination/cancellation. Please note that if Your Petsfolio Account is cancelled, we do not have an obligation to delete or return to You any Content that You have posted on or to the Platform. 

21. Pet Insurance

To protect the best interests of Service Users and Service Providers, Petsfolio recommends that Service Users should obtain an appropriate insurance for their Pet before purchasing a service from the Service Providers. In the future, if Petsfolio introduce pet insurance, it would act as a secondary to any other relevant insurance the User may have, unless if it is provided by a third party insurance company which is recognized by the Insurance Regulatory and Development Authority of India (IRDAI). 

22. Dispute Resolution

If a dispute arises between any parties, including Petsfolio, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. You have 48 hours after the stipulated service end date to raise any issues before we release the payment. Accordingly, you and Petsfolio hereby agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or the Platform in accordance with Terms of Service or as we and you otherwise agree in writing.

Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via email at services@petsfolio.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Only communications via the platform will be considered for dispute resolution. Communication on other third party channels will not be considered as part of the contract between Service Provider and Service User.

If you think that your dispute has not been addressed amicably by our customer service team, you may write to grievance@petsfolio.com within seven (7) working days from the receipt of the last email communication. You may expect a revert from the Grievance Officer within fourteen (14) working days.

23. Fraudulence & Money on hold

If we receive a complaint from the payment processor, credit card or any financial institution, that a transaction is fraudulent, and could be due to a fake or fraudulent credit/debit card transaction, you will be informed and the payments for your jobs with the affected Service User will be held temporarily.

The investigation with the financial institution can take up to 180 days and if the transactions were found to be fraudulent you agree that the money will not be released to you as we too will be unable to receive that money from the payment gateway company as well, and you will return any monies previously paid out by Petsfolio to you for the related jobs.

If you believe the transaction is genuine, do update us with any proof that you have and you can continue to engage the Service User outside of our platform till the issue is resolved.

24. Chargebacks

By using the Petsfolio app/website, you accept and agree that chargeback requests will be made only through Petsfolio. You acknowledge that we have the right to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) for the funds paid to you by the Service Users through the app/website. Additionally, we reserve the right to retrieve any processing fees or other charges incurred by us in connection with those chargebacks and reversals. By agreeing to these terms and conditions, you acknowledge that we have the right to reverse any payments made to you that are subject to chargeback or reversal instructions from your payment product issuer or third parties (such as payment processors).

In the event that you initiate a chargeback request or similar process, you expressly consent to us sharing all relevant information relating to your agreement to these terms and conditions, for the purpose of contesting such chargeback request. If you’ve already requested a chargeback with your credit card issuer or payment processor, please refrain from contacting us to request a refund of funds. Attempting to recover funds twice will not be permitted. We may choose to limit, suspend, or close your account if we determine that you have requested an unreasonable number of refunds or chargebacks after reviewing all relevant factors. Petsfolio manages chargebacks and disputes with payment providers on behalf of Service Providers. While the outcome may vary depending on the chargeback reason, we strive to resolve disputes in favor of the Service Provider. If allowed by the chargeback case, Petsfolio (or one of our Payment Services Providers) will refund some or all of the revenue to the Service Provider, and the chargeback amount will be the responsibility of the Service Provider.

25. Anti-Money Laundering Policy

The purpose of this Policy is to set the principles and define the framework of Petsfolio‘s processes, procedures and systems aimed to identify, prohibit and prevent activities of possible money laundering and financing of terrorism. The Policy also serves as a means of informing the Representatives of Petsfolio of the applicable laws of the India preventing money laundering and financing of terrorism.

Petsfolio’s AML Policy applies to all of its employees, officers and other representatives acting on behalf of Petsfolio (hereinafter called Representatives). The Representatives of Petsfolio have at all times to be familiar with and comply with the up to date requirements set out in this Policy, other internal procedures of Petsfolio and/or applicable laws of India. It is the responsibility of the Chief Compliance Officer to review the Policy periodically to ensure that it is up to date with the legal requirements and best practices. The management of Petsfolio shall be responsible for making all the internal policies and procedures of Petsfolio as well as amendments thereto available to all Representatives immediately after they have been adopted by the relative governing body.

The Policy is in line with the national regulation of India and further extends to applying and complying with International Standards on Combating Money Laundering and The Financing of Terrorism & Proliferation on AML Principles and best international practices on combating money laundering and terrorism financing.

We do not allow any Users to hold more than INR 49,999.00 in the User’s wallet at any point of time.

Payment scenario 1: If you are a single pet owner and your transaction value of a service or combined services are more than INR 49,999.00,  you should consider doing multiple transactions, but not more than twice in a day.

Payment scenario 2: If you are representing an institution or possess more than one pet and you assume your transaction value will definitely be more than INR 49,999.00, you may write to support@petsfolio.com before making the booking. We will help you with the necessary arrangements.

Warning: If we observe any abnormalities in your transactions, we have the right to suspend and/or delete your account. We will also report to the relevant government authorities for further investigation. Any amount in your wallet will be on hold till we get a clearance from the authorities.

26. Intellectual Property Rights

We and our licensors (as applicable) own all intellectual property in Petsfolio and the Platform, including any updates, enhancements and new features we may provide.

All images/ graphics, information, text, material, software and ads on the Platform are Copyright (c) of Petsfolio, its suppliers, partners and/or licensors, unless expressly indicated otherwise. You must not use framing technologies or embed in another website any of the material and Content appearing on the Platform without the prior written consent of Petsfolio. This includes electronic, recording, mechanical, photocopying, or other means nor archived or mirrored.

You must not modify, copy or distribute the Platform Content in any way except as expressly provided for on the Platform or expressly authorized in writing by Petsfolio. You must not republish, reproduce, distribute, perform, display, post, transmit, or download the Content except as expressly provided for on the Platform or expressly authorized by Petsfolio. You may use the Content of the Platform only for the purpose of using Our Services and for no other purpose. The Content of the Platform is protected by Indian copyright and trade mark laws.

In order for us to allow You to post User Generated Content to the Platform, You (a) assign to us all rights You may have in such Content, this is effective on posting; (b) give us permission to do anything in relation to such Content which, but for such permission, would infringe any moral rights You may have in such Content; and (c) warrant that (i) You have the right to post such Content, and (ii) such posting, and exercise of any rights in such Content by us or any person authorized by us, will not infringe any laws or any rights of any other person.

We give You a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Platform and any other software provided to You by us in relation to Petsfolio.  This licence is solely to enable You to use and enjoy Our Services and the Platform and You may not copy, modify, distribute, sell or lease any part of our intellectual property.

We own all trade marks, branding and logos contained in, or relating to, Petsfolio and You cannot use them for any purpose without our express written consent.

27. Information and Confidentiality

Petsfolio attempts to maintain the accuracy and integrity of the information on the Platform, and tries to moderate User Generated Content such as User ratings. However, Petsfolio does not guarantee its correctness, accuracy or completeness. The Platform may contain inaccuracies, omissions or errors. Furthermore, the possibility exists that Users or other persons may make unauthorized alterations or may add Content to the Platform without our knowledge or consent. Petsfolio disclaims all liability for any unauthorized alterations to the Platform, to the maximum extent permitted at law. If You believe that information found on the Platform is unauthorized, inaccurate or incomplete, please inform us by sending an e-mail to service@petsfolio.com.

Any personal information You submit to the Platform is governed by our Privacy Policy (for more information please visit our Privacy Policy page: Privacy Policy). This Privacy Policy applies to all and any information You may provide to the Platform as a User or to receive further information, updates and promotions about and/or related to the Platform. Saved credit card details are held in accordance with the then current policies of our Payment Gateway Provider.

We do not claim ownership of any personal information You send to us, or any other content, data or information that You may provide to us.  You will continue to own any and all intellectual property rights in such information.  However, You agree to grant us an irrevocable, perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner.  This right continues even if You no longer use Our Services or the Platform.  We will only use this information for the purposes of operating, promoting or improving Our Services and the Platform, for developing other products or services, and for any other purposes set out in our privacy policy.  This means, for example, that we might use this information to compile statistical information for use in marketing Petsfolio, to make improvements to Petsfolio, or to develop complementary products or services to Our Services.

If you would like to know more about how we use, store or handle your personal information, please contact us.

Without limiting the foregoing, each User acknowledges and agrees that the Platform may provide their address on a map available to the public. However, Petsfolio will endeavor to do so in a way that limits and reduces the ability to locate Users without authorization.

Each User is responsible for maintaining his/her Account information and keeping the User’s password confidential and for restricting access to his/her Account and such information. Each User is responsible for all activities that occur on his/her Account or otherwise through use of his/her password.

28. User Generated Content

The Petsfolio Platform facilitates transactions between Users. This means users will in some way or form, upload, submit, consume or view User Generated Content.
Service Providers agree that, upon reasonable request by a Service User for whom they are providing Pet services pursuant to a Booking, the Service Provider will use reasonable endeavors to provide photographic updates of the relevant Pet via the Platform or as otherwise agreed with the Service User.
Petsfolio occasionally shares User Generated Content with Users and the public, including photos, videos and other User Generated Content. Through tagging, @ing or use of associated hashtags. You consent and agree that Petsfolio is allowed to publish any such Content on the Platform and across social media including Facebook, Twitter, Pinterest, and other sites determined by Petsfolio, these images may also appear in paid advertisements. You give us permission to do anything in relation to such Content which, but for such permission, would otherwise infringe any moral rights You may have in such Content.
Petsfolio also reserves the right to modify, delete or block selected User Generated Content from the Platform. Reasons why this might be done include, but are not limited to, the following examples:

1. A response to a User complaint of objectionable material that Petsfolio deems inappropriate; and
2. Helping Users set up a Service Provider Profile, Pet Profile, and writing reviews.

29. Miscellaneous

These Terms (together with the Privacy Policy and any Petsfolio Rules available on the Platform) form the entire understanding relating to the use of the Platform and any of Our Services or Pet Services provided in relation to the use of the Platform and supersede any prior or conflicting, contemporaneous or additional, understandings. Petsfolio reserves the right to change these Terms or policies relating to the Platform at any time, without prior notice and such changes will be effective upon being posted on the Platform. You acknowledge that these Terms are binding on You and agree to visit this page from time to time to review the then current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or Terms published on particular pages of the Platform. These notices may be posted on the Platform from time to time. Your continued use of the Platform after any such postings is considered Your consent to such changes.

These Terms will be governed by the laws of Telangana, India, without regard to its conflict-of-law provisions. All Users submit to the exclusive jurisdiction of the courts of that State for all matters relating to these Terms or the Platform. Any dispute arising out of Your use of the Platform, or the Services purchased on it, will be subject to the exclusive courts of that jurisdiction.

You may not assign any of Your rights or obligations under these Terms without the prior written approval of Petsfolio. Any alleged assignment in violation of this section shall be void. Petsfolio may assign or renew any or all of our rights or obligations under these Terms without Your consent or notice to You and You agree not to object on any ground to, and at Your cost to sign such documents and do such things as necessary to give effect to, any such assignment or novation. All and any rights not expressly granted herein are reserved by Petsfolio.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be severed to the extent necessary to address such invalidity or unenforceability, with all other provisions remaining in full force and effect.

30. Interpretation

The following rules of interpretation apply, unless the context requires otherwise.

1. Headings are for convenience only, and do not affect interpretation;
2. The singular includes the plural and conversely;
3. A gender includes all other genders;
4. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
5. The words “includes” and “including” are not words of limitation;
6. A reference to:
   1. a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority;
   2. a person includes the person’s legal personal representatives, successors, assignee and persons substituted by novation;
   3. any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced;
   4. this or any other document includes the document as varied;
   5. writing includes typewriting, printing, lithography, photography and any other method of representing or reproducing words, figures or symbols in a permanent and visible form;
   6. a clause is a reference to a clause of these Terms.

31. Non-discrimination Statement

Petsfolio’s mission is to create economic opportunities so people have better lives. Key to our mission is that these opportunities should be equally available to all qualified talent in our community, regardless of background, race, ethnicity, sex, gender, gender identity, sexual orientation, actual or perceived disability status, veteran status, marital status, or other similarly protected characteristics. Petsfolio’s goal is for members of our community to feel welcome on the app/website. A condition of using the app/website is your agreement not to engage in any unlawful discrimination or harassing conduct. Such conduct is not permitted on Petsfolio by any member of our community. Petsfolio does not require Users to violate local laws or take actions that may subject them to legal liability. Petsfolio will take action to enforce this policy. Users engaging in this activity are subject to Account closure. Please bring any reports of discrimination or harassment to our attention at support@petsfolio.com

32. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PETSFOLIO AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PETSFOLIO DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. PETSFOLIO DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. PETSFOLIO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRDPARTY SERVICE PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS OR SERVICE PROVIDERS IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PETSFOLIO DOES NOT CHECK ANY PET SERVICE PROVIDER, SITTER, PET OWNER, OR OTHER USER’S BACKGROUND OR RECORD. PETSFOLIO IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY REFERRALS ON PET SERVICE PROVIDERS AND SITTERS. USE COMMON SENSE. BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE USE OF BADGES AND OTHER PROFILE ATTRIBUTES — INCLUDING THOSE THAT REFERENCE THIRD PARTY ORGANIZATIONS — ARE MEANT TO FACILITATE THE EXCHANGE OF INFORMATION AND DO NOT REPRESENT A WARRANTY OR ENDORSEMENT OF ANY KIND, FROM EITHER PETSFOLIO OR ANY THIRD PARTIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

33. Limitations of Liability

IN NO EVENT SHALL PETSFOLIO, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM OR ANY SERVICES OFFERED BY ANY SERVICE PROVIDERS VIA THE PLATFORM, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PLATFORM, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PLATFORM IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PETSFOLIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF PETSFOLIO, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO PETSFOLIO BY YOU HEREUNDER.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT PETSFOLIO SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PETSFOLIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM.

THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY PETSFOLIO. PETSFOLIO DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, PETSFOLIO WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PLATFORM, YOU EXPRESSLY RELIEVE PETSFOLIO FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORM.

PETSFOLIO SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO:

(A) THE USE OR INABILITY TO USE OUR SERVICES;

(B) HARM OR DAMAGE TO YOUR PROPERTY OR PETS AS A RESULT OF USING OUR SERVICES;

(C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT;

(D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES;

(E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDER, HOST, SITTER, PET OWNER, USER, OR OTHER THIRD PARTIES ON OUR SERVICES; OR

(F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED INDIAN RUPEES (₹100.00) ONLY. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, LIQUIDATED DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

34. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PETSFOLIO, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE PLATFORM.

IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM USERS, YOU FOREVER RELEASE PETSFOLIO (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND/OR ANY SUBMITTED CONTENT.

YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM PETSFOLIO. YOU RELEASE PETSFOLIO FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL, CONSEQUENTIAL, NOMINAL, PUNITIVE, OR OTHERWISE), EQUITABLE RELIEF, AND ANY OTHER LEGAL, EQUITABLE, AND ADMINISTRATIVE REMEDY, OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, PAST, PRESENT, OR FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR COMMUNICATION OR INTERACTION WITH OTHER USERS ON THE SITE OR YOUR EXPERIENCE AS A SERVICE PROVIDER, SERVICE USER OR THIRD PARTIES IN CONNECTION WITH THE SITE.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY PETSFOLIO WITHOUT RESTRICTION.

35. Feedback

If you have any concerns or questions regarding Petsfolio’s Terms and Conditions, or if you are willing to report some disputes and breaches of the Terms of Service, please feel free to contact us via support@petsfolio.com