TERMS OF AGREEMENT
The following are “Terms of Agreement” for the use of Services provided by FuchsiaGiraffe Innovations Private Limited to the Customer (hereinafter referred to as “You”/"Customer”) and FuchsiaGiraffe Innovations Private Limited (hereinafter referred to as the “AnimApp”/"We"/"Company").
The Customer hereby specifically undertake that he/she shall at all times, comply with the requirements of the law for the time being in force, including, without limitation, the Information Technology Act, 2000 and the rules and regulations thereunder, while using the Services. The Customer hereby agrees that in case of breach of the above condition, he/she alone shall be responsible for the consequences thereof and shall be liable for civil and criminal liability that may arise.
Your use of the website and services and all tools are governed by the following terms and conditions as applicable to the website and services including the applicable policies which are incorporated herein by way of reference.
GRANT OF RIGHTS
Subject to the terms of this Agreement, Company hereby grants to Customer, during the Term (as defined below), solely for the Customer's internal business operations and strictly in accordance with the terms and conditions of this Agreement and with any applicable law, a limited, non-perpetual, non-exclusive, non-transferable right to access and use the Services.
SCOPE OF SERVICES
The Company shall provide the Customers a technology based solution which enables its Customers for effective management of their veterinary services including but not limited to maintaining patient (pets) database and history, appointment details, inventory management services, billing support etc. The Company may also provide such additional Services to the Customer as determined by Company from time to time.
REGISTRATION TO SERVICE
Customer acknowledges that the Services require registration. The registration process may require Customer to provide information regarding (but not limited to) customer's first and last name, e-mail address, office address, registration number, contact number, residential and official address, nature of practice, credit card information, billing information and/or other information. By performing the registration, Customer represent and warrant that all registration information it submits is accurate and truthful and that it agrees to update and maintain the accuracy of such information. Company reserves the right to disable, suspend or terminate Customer’s access to the Services, if registration information submitted by such Customer seems or proves to be false, inaccurate or incomplete.
OBLIGATIONS OF SERVICE PROVIDER
The Company shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for: (a) planned maintenance carried out by the Company during the maintenance window at such times and dates as shall be notified by Company in advance; and (b) unplanned maintenance performed, as determined by the Company at its sole discretion, provided that the Company has used reasonable endeavours to give the Customer a prior notice.
Company will, as part of the Services and at no additional cost to the Customer, provide the Customer with (i) a standard support services by way of email at firstname.lastname@example.org during normal business hours; and (ii) other services as Company, in its sole discretion deems necessary in order to provide the Services.
This Agreement shall not prevent Company from entering into similar agreements with third parties, or from independently developing, using, selling, licensing or provide any rights with respect to services, products and/or documentation which are similar to those provided under this Agreement.
OBLIGATIONS OF CUSTOMER
Without derogating from any other obligation of the Customer pursuant to this Agreement, the Customer undertakes to:
(a) provide the Company with all necessary cooperation in relation to this Agreement and in order to render the Services; and
(b) comply with all applicable laws and regulations with respect to its activities under this Agreement and its use of the Services;
(c) to the extent required, obtain and maintain all necessary licences, consents, and permissions necessary for the Company to perform its obligations under this Agreement, including, without limitation, for the transmission through the Services of any Customer Data; and
(d) ensure that its network and systems comply with the relevant specifications provided by the Company from time to time;
Payment for the Services may only be made using the Debit/Credit Card/Internet Banking or through Cheque at the sole discretion of the Company. You submit and agree that the debit/credit card details provided by you to the Payment Gateway for payment transaction processing will be correct and you shall not use a debit/credit card, which is not lawfully owned by you. You further agree that when you initiate a payment transaction and/or issue an online payment Instruction and provide your Debit/Credit Card or Bank account details:
- You warrant that you are fully and lawfully entitled to use the said Debit/Credit Card or Bank Account for such transactions.
- You are responsible to ensure that all the Debit/Credit Card or Bank Account details provided by you are accurate.
- You are responsible to ensure that sufficient credit is available on your presented Debit/Credit Card or Bank Account at the time of making the payment to permit the payment of the bill/s selected by you inclusive of the applicable fees.
Convenience fees may be levied for Online Payments using any payment channels (Credit Card/Debit Card/Net Banking). Convenience fee can be either a flat fee (Net Banking) or a percentage (Card Gateway) of the amount that you pay depending on the payment mode selected.
The payment for the Services can also be paid by way of cheque in favour of “FuchsiaGiraffe Innovations Pvt. Ltd”. payable at Chennai, Tamil Nadu, either collected personally from the Customer or required to be mailed to the Company at the following address: AnimApp, RTBI, 1st Floor, IITM Research Park, Taramani, Chennai - 600 013
The payment process would be considered to be complete only on receipt of the fees into the Company's designated bank account.
During the use of the Service, Customer shall not:
(a) attempt to copy, modify, duplicate, imitate, reproduce, create derivative works from, frame, mirror, or download, all or any portion of the Services in any form or media or by any means;
(b) attempt to decompile, disassemble, reverse engineer or otherwise attempt to discover any source code from, all or any part of the Services;
(c) access or use all or any part of the Services in order to build or create a product or service which is similar to, or which competes with, the Services;
(d) attempt to obtain, or assist third parties in obtaining, unauthorized access to the Services;
(e) abuse the Services in any way and/or use the Services for advertising or solicitation to buy or sell any products and/or for creating, sharing and sending unsolicited commercial messages, bulk email, "junk mail", "spam" or chain letters;
(f) create or send any viruses, worms or trojan horses, flood or mail bombs, or engaging in denial of service attacks while using the Services;
(g) use the Services in any manner that damages, disables, overburdens, or impairs the Services, or Company's systems or servers, or the cloud or other platform on which the Services operates, and/or otherwise interferes with any other party's use and enjoyment of the Services;
(h) access the Services by any means other than through the interface that is provided by Company for accessing and use of the Services;
(i) permit any third party to do any of the foregoing.
Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, it shall promptly notify Company
- Customer shall own all rights, title and interest, in and to all of the Customer Data, and shall have the exclusive responsibility and liability for the Customer Data, including without limitation, for the legality, reliability, authenticity, integrity, accuracy, content, completeness, availability and quality of the Customer Data.
- Customer represents and warrants that it will not create, edit, store, post, upload, distribute or transmit, while using the Services, or otherwise make available through the Services, any Customer Data that: (i) is unlawful, harmful, threatening, defamatory, offensive, obscene, infringing, harassing or racially or ethnically offensive; and/or (ii) facilitates or relates to illegal activity; and/or (iii) depicts sexual content; and/or (iv) promotes or relates to unlawful violence; and/or (v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; (vi) causes or may cause damage or injury to any person or property and/or (v) relates to any third party under the age of 18.
- Customer hereby declares towards Company that it has legally acquired and/or owns all right, title and interest, in and to all copies of the Customer Data and that it has the right to use, distribute, provide the Company and transmit through the Services such Customer Data. By using the Services, Customer gives its consent to Company, and grant Company with a worldwide, royalty-free, and non-exclusive license, to collect such Customer Data, store such Customer Data in the Company's servers, third party's external servers or cloud services on which the Services operates, and to use such Customer Data in order to provide it with the Services.
INTELLECTUAL PROPERTY RIGHTS
- Company shall retain all right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks, and other intellectual property and proprietary rights in and to the Services and/or its technology, including any improvements, updates, upgrades or other modifications thereof. Except for the rights expressly granted to Customer under this Agreement, this Agreement does not grant the Customer any rights to, or in, patents database, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Company, its technology, its products and services (including the Services) and/or any documentation ancillary thereof.
- It is expressly understood that the Customers are granted the temporary and limited right to access and use the services as per the terms and conditions of this Agreement. Except for this limited use, the Customer shall not upload or republish any content of the Website on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilations.
- This Section shall survive any termination or expiration of this Agreement.
- Each party may be provided with, given access to, or exposed to, Confidential Information of the other party in connection with this Agreement. "Confidential Information" shall mean any information and data of a proprietary or confidential nature, whether in oral, written, graphic, machine-readable form, or in any other form, including but not limited to proprietary, technical, development, marketing, sales, price, operating, performance, cost, know-how, business and process information, methods, procedures, data, computer programming techniques and computer code, any information regarding suppliers, licensors, licensees, partners, affiliates, customers, potential customers or others, and all record bearing media containing or disclosing such information and techniques, which is disclosed by one party to the other party pursuant to this Agreement or to which the other party is exposed or given access in connection with this Agreement, whether or not marked as “Confidential” or similar marking.
- Each party shall hold the other party's Confidential Information in strict confidence, shall not disclose or make such Confidential Information available to any third party, and shall not use such Confidential Information for any purpose other than for performing its obligations under this Agreement.
- Confidential Information shall not include any information that: (a) is or becomes publicly known other than through any act or omission of the receiving party; (b) was in the receiving party's lawful possession before the disclosure, as evidenced by applicable documentary; (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (d) is independently developed by the receiving party, as evidenced by applicable documentary; or (e) is required to be disclosed by any final judicial or administrative order or decree or pursuant to any applicable law
- Each party shall be entitled to disclose the other party's Confidential Information to its officers, directors, employees and consultants ("Representatives"), on a need to know basis, provided that such Representatives are bound by confidentiality obligations of at least scope of this Agreement, and provided further that such party shall be responsible for and liable to any breach or violation of this Agreement by such Representatives.
- This Section shall survive any termination or expiration of this Agreement.
THIRD PARTY WEBSITES/CONTENT
- Customer acknowledges that the Company uses third party cloud infrastructure services in order to provide the Services. The Customer acknowledge and agrees that Company is not and shall not be responsible for the availability, performance or security of any such external third party services or resources, and it shall not be held liable for any loss or damage (including loss of data and/or loss of profits), which may be incurred by the Customer, as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in those external third party services or resources, or as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in the Services provided through such external third party services or resources.
- In addition, the Services may contain links to other websites that are not owned or controlled by the Company ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). The Company is not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company. If the Customer decide to access Third Party Sites or to access or use any Third Party Content, he/she does so at their own risk and the Customer should be aware that our terms and policies no longer govern. The Customer should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which they navigate.
The Customer agrees to Company sending him/her notifications and important messages time to time via its websites, mobile applications, and email to provide him/her a better experience with the services provided by us. You agree that we may provide notices to you on our website, or through an email sent to an email address you provided, or through other means including but not limited to your mobile number, telephone, or email. You agree to keep your contact information up to date.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Sagar Sheth
Time: 10:00 - 18:00 (Mon - Sat)
Customer shall defend, indemnify and hold harmless the Company against any and all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs, legal expenses and reasonable legal fees) arising out of, or in connection with, this Agreement and/or the unauthorised use of the Services by the Customer or by anyone on its behalf (including in connection with Customer Data and/or any infringement of such Customer Data of this Agreement or third parties' rights).
LIMITATION OF LIABILITY
EXCEPT AS OTHEREWISE EXPRESSLY SPECIFIED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER. ALL EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES REGARDING SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, ACTUALIZATION AND PERFORMANCE OF THE SERVICES, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY (OR ANYONE ON ITS BEHALF) BY ANY MEANS SHALL CREATE ANY WARRANTY IF NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
TERM & TERMINATION
- This Agreement shall commence on the date of subscription for the Services by the Customer and shall continue unless terminated.
- Except the terms which survive the termination, the agreement will be terminated upon cancellation of your subscription for Services. You may cancel the subscription of Service as per the Cancellation and Refund Policy of the Company. [Provide the link for Cancellation and Refund Policy]
- The Company reserves the right to terminate your access to the Services if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Services and Company may, in its sole discretion and without advance notice to you, cancel all kinds of Services provided under the agreement.
- This Agreement constitute the entire agreement between the parties regarding the subject matter thereof, and supersede any previous arrangement, understanding or agreement between the parties, written or oral, relating to the subject matter hereof.
- Company reserves the right, to modify and amend the terms of this Agreement at any time as and when the same is necessary. Any such modifications/ amendment shall be effective immediately when the same are posted on the Website. If the Customer continues to use the Services after the modified terms and conditions have been posted then this shall mean that the Customer has agreed to the modified terms and conditions.
- Notwithstanding anything to the contrary herein, the Company will not be held liable for any delay or failure in performance or non-availability of the Services resulting, directly or indirectly, from acts of nature, forces, events, omissions, accidents or causes beyond its reasonable control, including, but not limited to, internet failure, network or computer equipment failures, telecommunication equipment failure, electrical power failures, strikes, lock-outs or other industrial disputes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, breakdown of plant or machinery, acts of God, war, governmental actions or orders, orders of domestic or foreign courts or tribunals.
- Notwithstanding anything to the contrary contained herein, the customer alone shall be liable for Customer’s dealings and interaction with third party (including pet parents) by use of Services and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by any third party (including pet parents) through the Services. The Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
- Neither party’s waiver of any breach or default of any provision of this Agreement shall not constitute a waiver of other provisions or any other right hereunder, or a waiver of any subsequent breach or default.
- Unless expressly provided otherwise herein, rights arising under this Agreement are cumulative and do not exclude rights available by law.
- If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions (or the remainder of the provision) shall remain in full force and effect.
- This Agreement does not confer any rights on any third person or party.
- The parties expressly agree that they are independent contractors. Nothing in this Agreement is intended to or shall be interpreted to create a partnership or a joint venture between the parties, or authorise either party to act as agent for the other.
- The Customer agrees that he/she shall not in any manner transfer or assign his rights or obligations under this agreement and any such assignment shall be null and void. The Company may, at any time, assign, transferor sub-contract any of its rights or obligations under this Agreement.
- Company makes no claims that the contents of the website may be lawfully viewed or accessed outside of India. The Customer's access to the services outside India shall be at their own risk and they are responsible for compliance with the laws of respective State/Country jurisdiction as may be applicable to them.
- This agreement shall be governed by the laws of India. The Courts at Chennai, Tamil Nadu shall have exclusive jurisdiction in case of all the disputes arising out of or in connection with this Agreement.
- Any required or permitted notices hereunder must be given in writing to the other, by one of the following methods: (a) by electronic mail; (b) sent by facsimile; or (c) sent by registered mail, postage prepaid; or (d) nationally-recognized private express courier. The Company's address for communication is :
Address: RTBI, 1st Floor, IITM Research Park, Taramani, Chennai - 600 017
Attention: Sagar Sheth, AnimApp
Phone No: 9884180000