Amendments: KeralaDogs may amend this User Agreement and/or KeralaDogs Rules and Policies at any time by posting a revised version on the Website. The revised version will be effective at the time KeralaDogs posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in Privacy Policy of Kerala Dogs mentioned in the last pages.
By accepting this User Agreement, the User has also accepted and agreed to be bound by Privacy Policy.
When You use the Website or send emails or other data, information or communication to KeralaDogs, You agree and understand that You are communicating with KeralaDogs through electronic records and You consent to receive communications via electronic records or otherwise from KeralaDogs periodically and as and when required. KeralaDogs will communicate with You by email or electronic records on the KeralaDogs Website which will be deemed adequate service of notice / electronic record.
4. Fees and Services.
Membership on the Website is free. KeralaDogs does not charge any fee for browsing and listing on the Website. However, KeralaDogs reserves the right to change this policy without notice. In particular, KeralaDogs may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event KeralaDogs reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. You shall be solely responsible for compliance of all applicable laws in India or otherwise as the case may be for making payments to KeralaDogs. Your payment to KeralaDogs with full compliance of all applicable laws shall be sufficient to discharge you from your obligations towards KeralaDogs regarding payments that you may owe to KeralaDogs.
4.1 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
4.2 Non payment: KeralaDogs reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees, if any, by you to KeralaDogs. KeralaDogs also reserves the right to take legal action in case of non-payment of fees by you to KeralaDogs.
5. Use of the Website
5.1. You understand and agree that the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. KeralaDogs has no control over the third party user generated contents.
5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
5.2.1. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
5.2.2. Your Information (or any items listed):
5.2.2.1. shall not be false, inaccurate or misleading;
5.2.2.2. shall not be fraudulent or involve the sale of counterfeit or stolen or unfit items;
5.2.2.3. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
5.2.2.4. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
5.2.2.5. shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
5.2.2.6. shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
5.2.2.7. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
5.2.2.8. shall not create liability for us or cause us to lose (in whole or in part) the services of ISPs or other suppliers; and
5.2.2.9. shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force.
5.2.3. Solely to enable KeralaDogs to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. KeralaDogs will only use Your Information in accordance with the User Agreement and KeralaDogs's Privacy Policy.
5.2.4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website including dogs and puppies. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
5.2.5. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform KeralaDogs of the same. You may contact KeralaDogs through ‘Contact us’ facility available on the Website.
5.2.6. You shall comply with all applicable laws, rules and regulations regarding your use of our service and listing of items or services including dogs and puppies. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law for the time being in force.
5.2.7. From time to time, you shall be responsible for providing information relating to the items or services listed by you including dogs and puppies. In this connection, you undertake that all such information shall be accurate in all respects and should not mislead other Users in any manner.
6. Platform for Communication. The Website is only a venue where Users may meet and interact with one another for their transactions. KeralaDogs is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
6.1. All commercial / contractual terms are offered by and agreed to between Users of the Website alone. The commercial / contractual terms include without limitation price, delivery costs, payment methods, payment terms, date, period and mode of delivery, fitness, warranties related to items listed on the Website including dogs, puppies, goods and services, if any. KeralaDogs does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between Users.
6.2. KeralaDogs is not responsible for any non-performance or breach of any contract entered into between Users. KeralaDogs cannot and does not guarantee that the concerned Users will perform any transaction concluded at any point of time. KeralaDogs shall not and is not required to mediate or resolve any dispute or disagreement between Users.
6.3. KeralaDogs does not make any representation or Warranty as to the attributes (such as quality, worth, fitness, marketability, etc.) of the items including dogs and puppies or services proposed to be sold or offered to be sold or purchased on the Website. In particular, KeralaDogs does not implicitly or explicitly support or endorse the sale or purchase of any items or services including dogs and puppies on the Website. KeralaDogs accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
6.4. KeralaDogs does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
6.5. KeralaDogs does not at any point of time during any transaction between Users on Website come into or takes possession of any of the goods or services including dogs and puppies.
6.6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services including dogs and puppies. KeralaDogs is only providing a platform for communication and it is agreed that the contract for sale of dogs and puppies including any of the products or services shall be a strictly bipartite contract between the Users. At no time shall any right, title or interest over the items vest with KeralaDogs nor shall KeralaDogs have any obligations or liabilities in respect of such contract. KeralaDogs is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items including dogs and puppies which are out of stock, unfit, back ordered or otherwise unavailable.
6.7. At no time shall any right, title or interest over the items vest with KeralaDogs nor shall KeralaDogs have any obligations or liabilities in respect of such contract. KeralaDogs is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, unfit, back ordered or otherwise unavailable or unfit. All items including dogs and puppies are offered by Users are only for a restricted time and only for the available supply as offered by Users.
6.8. You shall independently verify and agree upon the manner and terms and conditions of delivery, payment, guarantee, fitness, insurance etc. with the other registered Users that you transact with.
6.9. You release and indemnify KeralaDogs and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, KeralaDogs cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe methods when using the Website and dealing with Users. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
7. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use the Website.
8. Breach
8.1. Without limiting other remedies, KeralaDogs may limit your activity, immediately remove your listings, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
8.1.1. If you breach the User Agreement, policies, terms and conditions these incorporate by reference;
8.1.2. If KeralaDogs is unable to verify or authenticate any information you provide; or
8.1.3. If it is believed that your actions may cause legal liability for you, other Users or KeralaDogs. KeralaDogs may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with KeralaDogs or use the Website in any manner whatsoever until such time that such User is reinstated by KeralaDogs. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, KeralaDogs reserves the right to recover any amounts due and owing by you to KeralaDogs and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
9. No Warranty
KeralaDogs and its Users, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
10. Limitation of Liability
10.1 In no event shall KeralaDogs, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
10.2 Liability of KeralaDogs in any circumstance is limited to the amount of fees, if any, paid by you to KeralaDogs. KeralaDogs, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, KeralaDogs assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
10.2.1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and Polices which are incorporated by way of reference in this Agreement.
10.2.2. Any interruption or errors in the operation of the Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KeralaDogs has been advised of the possibility of such damages).
11. Indemnity
You shall indemnify and hold harmless KeralaDogs and (as applicable) its subsidiaries, affiliates, third-parties and their respective officers, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, KeralaDogs Rules and Policies, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
12. General
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and KeralaDogs and You shall have no authority to bind KeralaDogs in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by email (using the ‘Contact us’ facility on the Website) on behalf of KeralaDogs to KeralaDogs Attn: Legal Department, (in the case of KeralaDogs) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and KeralaDogs with respect to the subject matter hereof.
In KeralaDogs’s sole discretion, KeralaDogs may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that KeralaDogs assigns the Agreement on the same terms or terms that are no less advantageous to You.
13. Arbitration
If any dispute arises between you and KeralaDogs during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by KeralaDogs. The place of arbitration shall be Ernakulam. The applicable Arbitration & Conciliation Act shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
14. Governing Law
The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.
Www.KeralaDogs.com collects personal and non-personal information on www.KeralaDogs.com website is committed to protecting the privacy of its members. We have created this Privacy Statement in order to describe and explain to users our information collection practice. If you have any questions or concerns in connection with www.KeralaDogs.com’s information collection practice summarized in this Privacy Statement, please send an email, with the subject heading "Privacy Statement Question", to us using “Contact Us” facility at the website and please state your questions or concerns.
WHAT INFORMATION IS COLLECTED?
To participate in certain activities and to help the users to get further information on the listings provided in this web site, a user is asked to provide varying amounts of personal information. Some information is mandatory while other information is discretionary. Each activity and service requires or requests different types of information in order to contact back / forward necessary information to the user as requested by him / as deemed necessary by www.keraladogs.com. Activities or services that require provision of personal information generally seek full name, email address, full address and phone number. We endeavour to limit our requests for personal information to information we believe is minimally necessary to achieve our stated collection purposes.
HOW DOES KERALADOGS.COM USE MY INFORMATION?
Personal information is collected and used primarily for contacting the members by other members and by www.keraladogs.com, its agents or representatives as and when necessary through phone or otherwise, as a follow up to the interest expressed by the member to the listings provided in the website. We may also use a user’s email address, phone number or address in our internal surveys to obtain feedback on our products, our web site, or on other aspects of our business that impact you as a www.keraladogs.com customer or notify a user of new products or services that we think may be of interest to you and to send promotional materials. If a user prefers not to receive emails or other forms of communication, the user may opt-out from receiving such communication by informing us through the “Contact Us” facility provided in the website. We may also use personal information to contact a user in connection with the user’s inappropriate use of www.keraladogs.com. We do not sell, rent, share, or otherwise dispose of the personal information collected on www.keraladogs.com to third parties. We may, however, disclose your personal information when required by law or in the good-faith belief that such disclosure is necessary to comply with law. We use non-personal information such as demographic data to analyze and develop our marketing strategy. We use non-personal information to determine how you found out about us, what your interests are regarding our services, and how to further improve our site and our service towards you. We also may share non-personal information with third parties. Keraladogs.com reserves the right to delete permanently all or any information collected from the users at any time without any notice.
DOES KERALADOGS.COM PRIVACY POLICY APPLY TO LINKED WEB SITES?
Our Privacy Statement applies solely to information collection practice on www.KeralaDogs.com. This web site may contain links to other sites. Please be aware that KeralaDogs.com has no control or influence over the privacy practices of such other sites. We encourage our users to be aware when they leave and to read the privacy statements of each and every web site that they visit.
CHANGES TO THIS PRIVACY STATEMENT:
If we later change our Privacy Statement, we will post those changes on our homepage so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personal information in a manner different from that stated at the time it was collected, we will notify users by email. Users will have a choice as to whether or not we use their information in this different manner by making changes to their www.KeralaDogs.com profile.