Petmazic Terms and Conditions

Petmazic (“We”, “Us”, or “Our”) operates the website www.petmazic.com (collectively, the “online platform”). These Terms of Service (“Terms”) govern Your access to or use of the online platform and the Services made available on the online platform. By accessing the online platform or using the Services, You agree to these Terms and the other policies of the online platform (“online platform Policies”). Please read these Terms and the online platform Policies carefully before using or registering on the online platform. If You do not agree with these Terms or any online platform Policies, please do not access the online platform or use the Services.

Locations

Hyderabad
Sarvotham Building HITEC City, Plot No. 12, Deloitte Dr, Phase 2, HITEC City, Hyderabad, Telangana 500081, India,
Bengaluru, Karnataka, India,
Noida, Uttar Pradesh, India

General Terms

Unless You notify Petmazic in writing of Your intention to opt out of direct and indirect marketing communications and solicitations, You agree that You may continue to receive promotional emails and other permitted communications regarding Products.

Petmazic offers a range of pet-related Products through the online platform, including pet food, treats, supplements, toys, clothing, accessories, grooming products, beds, feeding supplies, hygiene products, and other pet care essentials (collectively, the “Products” and the “Services”).

These Terms: (i) will be considered to be an electronic record under the Indian data privacy laws including the Information Technology Act, 2000 read with rules and regulations made thereunder; and (ii) will not require any physical, electronic, or digital signature by Petmazic.

Eligibility and Access

The Service is not available to persons, under the age of 18 (eighteen) years or to any User suspended or removed from the online platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from using or accessing the online platform and receiving the Services by Petmazic or under the applicable laws of India.

The Services and online platform features may evolve over time. Petmazic may modify, suspend, or discontinue Products, Services, or online platform features from time to time, subject to applicable law.

Access and Use of Service

In order to use the Service, You are required to create an account on the online platform by providing certain details about yourself, such as Your name, email address and such other details as may be required by the online platform (“Account”).

You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the online platform or by writing to Petmazic at support@petmazic.com. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if Petmazic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Petmazic has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof) at its discretion, in addition to any right that Petmazic may have against You at law or in equity, for any misrepresentation of information provided by You.

You are responsible for maintaining the confidentiality of Your Account information and for all activities that occur on or in connection with Your Account. You agree to notify Petmazic immediately of any unauthorized access or use of Your Account or any other breach of security and ensure that You exit from Your Account at the end of each session. You acknowledge and agree that Petmazic is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of Your Account. You may be held liable for losses incurred by Petmazic or any other User of or visitor of the online platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

You shall not have more than one active Account on the online platform. You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an Account with the online platform. Petmazic reserves the right to refuse access to the Service to new Users or to terminate access granted to existing Users at any time if such access or use of the online platform or the Service is found to be in breach of these Terms or online platform Policies or applicable laws or pursuant to any administrative or judicial order or direction by any governmental authority.

Sale of Pet Products
Petmazic offers a variety of pet-related Products through the online platform, including pet food, treats, supplements, toys, clothing, accessories, grooming products, beds, feeding supplies, hygiene products, and other pet care essentials. Product descriptions, prices, availability, and other relevant information are displayed on the online platform and may be updated from time to time.

Product availability may vary based on stock, location, delivery coverage, and other operational factors. Petmazic may limit quantities, update Product information, or discontinue Products from time to time, subject to applicable law.

• Used pet grooming products
• Used pet toys
• Pet food and supplements
• Used pet apparel
• Personalized or customized products
• Products damaged due to improper use
• Products without their original packaging or tags

Acceptable Use

The Services permit You to browse, purchase, and receive Products made available on the online platform.You represent and warrant that You shall not:upload, publish, transmit, update or share information;that belongs to another person and to which You do not have any right;that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, harmful, abusive, insulting, harassing, threatening, hateful, racially or ethnically objectionable, derogatory, harmful to any reputation, disparaging, defamatory, libelous, pornographic, indecent, profane, obscene, pedophilic or otherwise objectionable (including nudity), blasphemous, invasive of another's privacy, including bodily injury, or relating or encouraging money laundering or gambling; andthat is patently false and untrue, and is written or published with the intent to mislead or harass a person, entity or agency for financial gains or to cause any injury to any person;violate any law, regulation, or court order;violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;harms minors in anyway;send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;send communication that deceives or misleads the addressee about the origin of such messages or communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the online platform, including from any User of the online platform;transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or limit the functionality of any computer resource or related systems;stalk, harass, threaten, harm or impersonate any third party;

participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;use any means to scrape or crawl any part of the online platform;attempt to circumvent any technological measure implemented by Petmazic, any of Petmazic’s service providers, or any other third party (including another User) to protect Petmazic, the online platform, Users, Recipients, or any other third party;access the online platform to obtain information to build a similar or competitive application, or provide similar Services;attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the online platform;send communication that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; oradvocate, encourage, or assist any third party in doing any of the foregoing.

Fees and Payments

Fees: The fee for the Services and the Products is as specified on the online platform. You agree to pay all amounts due in accordance with the payment terms in effect when You purchase any Service or Products.

Currency: All transactions shall be in Indian Rupees (“INR”) unless otherwise specified at the time of purchase.

Payment: All payments for the Services or Products purchased by You through the online platform, shall be made by using a valid payment mode through the applicable third party payment provider (the payment provider as selected by Petmazic) (“Payment Details”). You hereby represent that You have the authority to use such payment mode and have sufficient funds to complete the Services. By providing such details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such details; (2) You are legally authorized to perform payments using such details; and (3) such action does not violate the terms and conditions applicable to Your use of such details or applicable law. You must provide the third party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that Petmazic does not operate, own, or control the payment provider and only facilitates the third-party payment gateway for processing of payment. Your use of Your payment card is governed by Your agreement with and the privacy policy of the payment provider and not these Terms. You agree to immediately notify the payment provider of any change in Your billing address (or other information) for Your payment method. In the event You opt for ‘cash on delivery’ for the purchase of Products through the online platform, it will be governed by the specific cash on delivery policy of the online platform.

Except to the extent otherwise required by applicable law, Petmazic is not liable for any payments authorized through the online platform using Your Payment Details. Particularly, Petmazic is not liable for any payments that do not complete because: (1) Your bank account or any other payment did not contain sufficient funds to complete the transaction; (2) You have not provided Petmazic with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond Petmazic’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

The online platform shall not be responsible for any unauthorised transactions conducted on Our online platform using Your payment card or internet banking. The online platform shall not be obligated to refund any money to You in such instances.

Additional shipping charges may be applicable on the Products purchased by You. Please refer the shipping charges policy for the applicable shipping charges.

Any and all cancellation of the orders placed by You shall be governed by the cancellation policy and all refunds will be governed by the refund policy.

Payment Questions: If You have a question about a purchase made on the online platform or a charge to Your payment card, please contact Us at support@petmazic.com. Petmazic has the sole discretion to determine how billing disputes will be resolved.

ownership

You acknowledge and agree that Petmazic or its licensors own all right, title, and interest in and to: (i) the online platform and the “look and feel” of the online platform, including all software, ideas, processes, data, text, media, and other content available on the online platform (individually, and collectively, “Content”); and (ii) Petmazic’s trademarks, logos, and brand elements (“Marks”). You shall not duplicate, copy, or reuse any portion of the Content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts without Petmazic’s prior express written consent. Petmazic and such relevant third party reserve all rights not expressly granted in these Terms.

You shall not make any disparaging or derogatory remarks, comments, or statements, whether verbal or written, against Petmazic. You acknowledge and agree that any feedback, comments, or suggestions You may provide regarding the online platform or the Services are entirely voluntary, and Petmazic will be free to use such feedback, comments, or suggestions as it sees fit and without any obligation to You.

Copyright and Intellectual Property Policy

Take Down Notice: Petmazic responds to notices of alleged copyright infringement and terminate access to the online platform for repeat infringers. If You believe that materials on the online platform infringe copyright, please send the following information to Petmazic at support@petmazic.com:

Your address, and email address;

a description of the work that You claim is being infringed, with adequate information to identify the work;

a description of the material that You claim is infringing and are requesting be removed along with information about where it is located or stored;

details establishing that the work which is the subject matter of infringement is being infringed, and details establishing that You are the owner or exclusive licensee of the work or agent of such owner or exclusive licensee;

an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner);

details of the person, if known, who is responsible for uploading the work infringing Your copyright;

an undertaking that You shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the receipt of the take down notice by Petmazic; and

a statement by You, made under penalty of perjury, that the information You are providing is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.

If You do not follow these requirements, Your notice may not be valid.

Termination Policy: If We determine that You are a repeat infringer, We may terminate Your access to the online platform, remove or ban You and/or terminate any Account created or controlled by You, and take other appropriate action in Our sole discretion.

Privacy

Your privacy is important to us. Our Privacy Policy explains how We collect, use, handle and share personal information and other data. Please refer to Our Privacy Policy available at [<Add privacy policy link>].

License to Use the Service and online platform

Subject to compliance with the Terms, Petmazic hereby grants You a personal, royalty-free, limited, non-assignable and non-exclusive license to use the Service and the online platform. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service for Your personal and non-commercial use, in the manner permitted by these Terms. You agree not to use the Service for any public performances.

You may access the Service only in geographic locations within India.

You agree to use the Service only: (a) for purposes that are permitted by the Terms; and (b) in accordance with applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use or access of the Service by other Users.

You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by the online platform. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or Petmazic Content, or in any way reproduce or circumvent the navigational structure or presentation of the online platform, materials or any Petmazic Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Service.

You agree that You are solely responsible to Petmazic and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which Petmazic or its affiliates may suffer) for any such breach.

Third Party Content and Interactions

Petmazic may display or provide access to content, products, services, links, or information supplied by third parties. Petmazic does not control and is not responsible for third-party content, availability, accuracy, policies, or services. Users are responsible for reviewing the applicable terms and policies of third parties before using their services or resources.

The views or content submitted by Users on the online platform are not controlled by Petmazic and do not necessarily represent the views or values of Petmazic. Petmazic may take appropriate action where content or activity is found to violate these Terms, applicable law, or the rights of others.

Links

The online platform may contain links to social media platforms or third - party websites. You acknowledge and agree that the link does not mean that Petmazic endorses or is affiliated with such third platform or website. You further agree and acknowledge that Petmazic is not responsible or liable for (a) the availability or accuracy of such third - party platform or website; (b) the content, products, or services on or available from such websites or resources; or (c) for any damages, losses, costs, expenses, or liabilities related to Your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

Changes to the online platform

You acknowledge and agree that Petmazic may change or discontinue any aspect of the online platform at any time, without giving any notice to You.

Termination and Reservation of Rights

You may cancel Your Account at any time by writing to Petmazic at support@petmazic.com. Petmazic reserves the right to terminate Your Account or block Your access to the online platform, at any time, for any reason, in its sole discretion. If You violate any of these Terms, Your permission to use the online platform automatically terminates.

Indemnification

You agree to indemnify, defend, and hold harmless Petmazic and its officers, employees, directors, agents, partners, vendors, and licensors (each, a “Petmazic Party,” and collectively, “Petmazic Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms, or Privacy Policy; or (b) use of the online platform. Petmazic may select counsel for and control the defense of any claim that You are indemnifying. Further, You agree to hold Petmazic Parties harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the online platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.

Disclaimers and Limitations on Our Liability

You acknowledge and agree that Your use of the online platform is at Your own risk and that the online platform is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Petmazic disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of or in the course of dealing with or usage of the online platform. 

In particular, Petmazic makes no representations or warranties about the accuracy or completeness of content available on or through the online platform, or any third-party website linked to or integrated with the online platform. Petmazic does not warrant or endorse the effectiveness, quality, suitability, or safety of Products or Services available on the online platform beyond what is required by applicable law.

You acknowledge and agree that Petmazic will have no liability for any: (i) errors, mistakes, or inaccuracies of Content; (ii) personal injury, property damage, or other harm resulting from Your access to or use of the online platform; (iii) any unauthorized access to or use of Our servers, any personal information, or User data; (iv) any interruption of transmission to or from the online platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through the online platform; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through the online platform.

You acknowledge and agree that when using the online platform, You will be exposed to content from a variety of sources, and that Petmazic is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against any Petmazic Party with respect thereto.

Petmazic shall not be responsible for the delay or inability to use online platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the online platform, or otherwise arising out of the use of the online platform or Service, whether based on contract, tort, negligence, strict liability or otherwise. Further, Petmazic shall not be held responsible for non-availability of the Service during periodic maintenance operations or any unplanned suspension of access to Service that may occur due to technical reasons or for any reason beyond Petmazic’s control.

Petmazic shall not be liable for delays, cancellations, stock unavailability, or other deficiencies relating to Products or Services arising from circumstances beyond its reasonable control.

Petmazic may facilitate transactions with third-party logistics providers, payment providers, and other service providers. Petmazic is not responsible for the independent acts, omissions, or policies of such third parties, subject to applicable law.*

Petmazic endeavours to keep the pricing and availability of Products and Services on the online platform accurate and up to date. However, rarely, there may be an error on the pricing of a Product/Service or an error related to Product availability. In such cases, We are not responsible for any typographical errors and We reserve the right to cancel the sale.

*To the fullest extent permitted by applicable law, You acknowledge and agree that in no event will any Petmazic Party be liable to You or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not Petmazic has been advised of the possibility of such damages. *

To the maximum extent permitted by applicable law, Petmazic’s total cumulative liability to You or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the amount paid by You at the time of purchase of goods or purchase of Services on the online platform during, immediately preceding the date of the claim.

You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Petmazic and You.

Violation of the Terms

You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Petmazic, for which monetary damages would be inadequate, and You consent to Petmazic obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Petmazic may have at law or in equity. If Petmazic takes any legal action against You as a result of Your violation of these Terms, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Suspension and Termination

The Terms will continue to apply until terminated by either You or Petmazic as set forth below. If You object to the Terms or are dissatisfied with the online platform, Your only recourse is to (i) close Your Account on the online platform; and/or (ii) stop accessing the online platform.

Petmazic may delist You or block Your future access to the online platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until Petmazic chooses to terminate them.

If You or Petmazic terminate Your use of the online platform, Petmazic may delete any Content or other materials relating to Your and Petmazic shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by Petmazic for purposes of tax or regulatory compliance.

You shall be liable to pay any fees or charges as may be applicable in respect of the Services until the date of termination by either party whatsoever.

Petmazic shall have the right to cease/terminate the relationship by giving You a prior twenty-four (24) hours’ written notice.

Other Provisions

Force Majeure: Under no circumstances will Petmazic be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, any natural disasters such as any epidemic or pandemic, or any other event or cause beyond the reasonable control of any Petmazic Party.

Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of India, without giving effect to any conflict of laws rules or provisions. Any disputes arising in relation to these Terms between You and Petmazic shall be subject to the applicable jurisdiction of courts in India.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

Waiver and Severability: The failure by Petmazic to enforce any right or provision of these Terms will not prevent Petmazic from enforcing such right or provision in the future and will not be deemed to modify these Terms. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Assignment: Petmazic may, at any time, assign its rights and obligations under these Terms, to any third party.

Entire Agreement: These Terms and the online platform Policies are the entire and exclusive agreement between Petmazic and You regarding the Services, and these Terms supersede and replace any prior agreements between Petmazic and You regarding the Services.

Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

Changes to these Terms

Petmazic may revise or modify or amend these Terms at any time. If We do, We will post the revised Terms on the online platform and update the “Last Updated” date at the top of these Terms. It shall be Your responsibility to check these Terms periodically for changes. Your acceptance of the amended Terms shall signify Your consent to such changes and agreement to be legally bound by the same.

Grievance Redressal

Any complaints arising from access to or use of the online platform may be addressed to the designated Grievance Redressal Officer.

Grievance Redressal Officer: The designated grievance officer for Petmazic (“Grievance Redressal Officer”)

Contact information: support@petmazic.com

The Grievance Redressal Officer shall acknowledge the complaint within forty-eight hours and endeavour to resolve or dispose of such complaint within the period prescribed under applicable law.

Delivery

Petmazic partners with third-party logistics service providers in order to
facilitate the shipping and delivery of your purchased Product(s) (“Logistics
Partners”). You will be provided with a tentative timeline for the delivery of the
Product purchased from Petmazic, on the order confirmation page displayed at
the time of order confirmation by Petmazic.

You agree and understand that though Petmazic endeavours to ship and
deliver the Products all across India, Petmazic may, in its sole discretion
determine a select list of areas which are unserviceable for delivery of Products for
select period of time or intimate you delay in delivery beyond estimated delivery
timelines, due to unavoidable circumstances including but not limited to logistics
issues beyond the control of Petmazic/its Logistics Partner, unsuitable weather
conditions, political disruptions, strikes, employee lockouts, acts of God such as
floods, earthquakes, etc. and other unforeseeable circumstances

You agree and acknowledge that to facilitate timely delivery of the purchased
Products to you, Petmazic may inquire or collect specific information like your
name, shipping/billing address, landmark, contact details, etc. You shall ensure
that all information that is submitted by you on the online platform is true, complete,accurate and sufficient to identify the actual place of delivery. Petmazic shall not be liable in any manner and at any point in time for delayed or failed delivery due to submission of incorrect or incomplete information by You.

Once you place an order on the online platform, Petmazic processes such order and
hands over the purchased Product to the Logistics Partners. You will receive a
unique tracking identity number once the purchased Product is handed over to the Logistics Partner, which will enable you to track the status of delivery of the
purchased Product(s). You may use the tracking identity number on the online platform or the website and/or the mobile application of the Logistics Partner to check the status and location of the purchased Product and its tentative time of delivery.

You acknowledge and accept that the title and risk of all Products ordered by you
shall pass on to you upon the delivery of the purchased Products to you. You agree
that the Logistics Partners are authorized to collect cash on the behalf of the
Petmazic for ‘cash on delivery’ orders and shall be governed by the policies of the
online platform.

Communications

You hereby expressly agree to receive communications by email from Petmazic relating to orders, Products, Services, account activity, and other matters connected with the online platform. You may opt out of promotional communications through the options made available by Petmazic; however, service-related communications that are necessary to operate Your Account or fulfil Your orders may still be sent.

By using the Website and/or registering yourself at Petmazic.com, You authorize Petmazic to contact You through email or other communication channels made available on the online platform regarding Products, Services, order updates, product information, and promotional offers, subject to applicable law and the preferences available to You.

Contact

Email: support@swingtechit.com

Phone: +91 **********