1. Introduction
Wagkart Pet Services Private Limited Private is a company incorporated under the law of India, having its registered office at 214, Second Floor, AltF Office Spaces Sector 142, Noida 201305, India [hereinafter referred to as “We” or “Us” or “Company” or “WAGKART PET SERVICES”].
We provide walking service [Hereinafter referred to as “Service”]for your pet [Hereinafter referred to as “PET”] through our website [www.wagkart.com] and mobile application.
Your use of our Service is governed by these Terms of Service [hereinafter referred to as “User Agreement”]. If you do not agree to the terms of this User Agreement do not avail our Service or use our website or mobile application.
2. Legally Binding Agreement
By accepting this User Agreement, either through clicking ‘proceed’ or clicking a box indicating acceptance on our website or mobile application you represent and warrant that you have read, understood, and agree to be bound by this User Agreement executed between you and us.
3. Eligibility
Use of our Service is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors are not eligible to use the Service, website or mobile application.
If you are a minor i.e. under the age of eighteen [18] years, you should not use our Service or access or transact on our website or mobile application in any manner whatsoever.
4. Ownership of Website, Content and Trademarks
Unless otherwise agreed in writing, all materials on our website and mobile application, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, audio clips, sounds, music, artwork, computer code, software and other materials, and the copyrights, trademarks, trade names, service marks, logos, trade dress and/or other intellectual property rights in such materials [collectively, the “Content”], are owned, controlled and/or licensed by us, our associated entities or our licensors.
No right, title or interest in any downloaded or copied Content is transferred to you as a result of any downloading or copying of the Content.
You shall not, either yourself or assist any person to, reproduce, publish, upload, transmit, encode, distribute, mirror, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the website or mobile application in connection with any public, business or commercial purpose. Any such use shall be deemed to be a violation of our intellectual property and proprietary rights. Any use for which you receive any remuneration, whether in money or otherwise, shall be considered commercial use for the purposes of this clause.
Certain trademarks, trade names, service marks and logos used or displayed on our website and mobile application are registered and unregistered trademarks, trade names and service marks of ours. Other trademarks, trade names and service marks used or displayed on our website and mobile application are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on our website and mobile application grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such website and mobile application. Any use of such materials without our express written permission is strictly prohibited.
5. Use of our Service, Website and Mobile Application
You accept, agree and confirm that you shall use our Service only as permitted under this User Agreement and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from your country of residence.
During the use of our Service, you shall have the option to temporarily suspend the Service for a minimum of three [3] days and a maximum period of fifteen [15] days. This suspension shall have to be exercised by providing a prior notice of three [3] days. The notice period of three [3] days is mandatory, failing which you shall be charged for any lapse on your end. The suspended Service can only be redeemed within one [1] month of such request for suspension.
You can schedule the provision of our Service only at the time of renewal of subscription and the same shall be dependent upon the availability of slots.
The subscription fee shall be valid and charged for a period of 30 calendar days [“Month”].Our Service shall not be available on Sundays and public holidays*.
You agree that you shall not use any “deep-link”, “robot”, “page-scrape”, “spider”, or other automatic or manual device or process, software, program, code, algorithm or methodology, to access, acquire, copy or monitor any portion of our website, mobile application or Content, or in any way reproduce or circumvent the navigational structure or presentation of our website, mobile application or Content, or obtain or attempt to obtain any materials, documents or information through any means not purposely made available by us through the website or mobile application. We reserve the right to take measures to prevent any such activity.
You agree that you shall not gain or attempt to gain unauthorized access to any portion or feature of our website or mobile application, or any other systems or networks connected to the website or mobile application, or to any of the Service offered on or through our website or mobile application, by hacking, “password-mining” or using any other illegitimate method of accessing data.
You agree that you shall not probe, scan or test the vulnerability of our website or mobile application or any network connected to the website or mobile application, nor breach the security or authentication measures on our website or mobile application or any network connected to our website or mobile application.
You agree that you shall not take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the website or mobile application or our systems or networks, or any systems or networks connected to the website or mobile application or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack/intent to alter or cause infringement to the standard UI. You also agree that the rights to make any alterations/modifications etc. rest with us.
You agree that you shall not use any device, technology, software, routine or method to interfere or attempt to interfere with the proper functioning or features of our website or mobile application or any transaction occurring on our website or mobile application, or with any other person’s use of our website or mobile application.
You agree that you shall not use our website or mobile application or any Content for any purpose that is unlawful or prohibited under this User Agreement.
You agree that you shall at all times ensure full compliance with the applicable provisions of the Indian Information Technology Act, 2000 and Rules there under as applicable and as amended from time to time and also all other applicable laws, rules and regulations.
By using our website or mobile application to send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and that you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise.
You must not do any of the following when using our website or mobile application:
- create accounts using fake, fraudulent or otherwise false means;
- transfer or otherwise assign login details of your account without our express prior written consent; and
6. Client’s Obligation
You shall use all reasonable endeavours to provide all the necessary information to WAGKART PET SERVICES in order to ensure the efficiency of the Service to be provided. This includes but is not limited to, the following information about the PET:
- Name
- Photograph
- Date of Birth
- Gender
- Breed
- Spayed/Neutered
- Information regarding the PET’s temperament
You shall be responsible for, and will indemnify WAGKART PET SERVICES in respect of, all medical expenses, costs and damages resulting from any injury caused by the PET to the independent contractor hired by WAGKART PET SERVICES.
You shall ensure that your PET is wearing a collar/harness and a leash during the provision of our Service.
You authorise WAGKART PET SERVICES to arrange for any emergency veterinary care that may be necessary during the provision of the Service. WAGKART PET SERVICES shall ensure all reasonable efforts to obtain your consent prior to your PET receiving emergency care./ but the same will not be binding on us , as the circumstances may be emergent in nature. The decision taken by us in this regard will be treated as final, and we shall not be held liable for our actions under any circumstance.
You agree to reimburse WAGKART PET SERVICES for the costs and expenses for provision of emergency care to your PET.
You shall not hold WAGKART PET SERVICES liable for any delay caused in the provision of Service to your PET that is cause by your failure or delay in complying with the User Agreement.
In case where any PET become aggressive or dangerous, WAGKART PET SERVICES shall, in their sole discretion take whatever action they consider necessary in the best interest of the PET, other animals or people which may be encountered. This may, without limitation, include:
- Refusal of Service and immediate termination of the User Agreement;
- Obtaining assistance from a Veterinarian.
Any cost incurred in taking the above-mentioned actions shall be directly chargeable and recoverable from you. WAGKART PET SERVICES shall not be liable to you for any refund where the User Agreement is terminated under this clause.
7. Competitions and Promotions
From time to time, we may offer special promotions or competitions. Where we do offer such promotions or competitions, we will make a copy of the applicable terms available on the offer page.
8. Accounts, Passwords and Security
In order to avail our Services, you are required to create an account on our website and / or mobile application.
Apart from the representations made in our Privacy Policy regarding our protection of your information, you are solely and entirely responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account. If any of the information provided to us as part of the account opening or registration process changes, you must promptly change your account details online.
You must notify us immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you are solely liable for the actions of, and any losses incurred by us or any third party due to, someone else using your Account ID, password or account..
You must not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
9. Fees, Charges and Taxes
All charges listed on our website or mobile application is in Indian Rupees [INR].
The charges listed on our website and mobile application are , where applicable, inclusive of Goods and Services Tax [GST], duties and cesses [as applicable] unless stated otherwise. Please note that these prices are liable to change (which could be due to change in taxation / government levies or the basic rate of service) with due intimation to you through our user interface and / or email or any other mode of communication. This communication shall be deemed to have been read by you once it is sent electronically, unless we receive an intimation from you to the contrary.
10. Payment
We accept payment [through our third-party merchants] through any of the payment methods specified on our mobile application. We will provide you with an invoice following the making of any payment. We do not directly collect your payment. A third-party payment gateway collects your payment on our behalf. We will thus not be liable or responsible for your use of such third-party payment services.
While availing any of the payment methods available on our mobile application or website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transactions, or exceeding the preset limit mutually agreed by you and your bank, or any payment issues
arising out of the transaction, or decline of transaction for any other reasons.
11. Automatic Subscription Renewals
We may offer free trials of subscriptions on our website or mobile application. All such free trials can only be availed once. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation.
12. Cancellation
You may cancel your subscription under the terms of this User Agreement. Where applicable, youshall be able to avail our Service until the end of your current subscription term unless otherwise terminated by us.
13. Termination
We may suspend or terminate your account and/or use of our Services at any time in accordance with this User Agreement and without any prior notice to you. No refunds in any manner whatsoever shall be provided in such a case.
14. Refund
Refund will only be initiated if your request for termination of services is received within the first three [3] days of the first billing cycle only. Upon approval by the authorised personnel within a period of seven [7] working days from date of acceptance of such request,the amount shall be credited back to the source. The amount to be refunded shall be calculated post deduction of subscription fee owed for Service availed on pro-rata basis. No refundrequestwill be accepted if you do not abide with the refund terms mentioned above.
Kindly note that post such a request for refund as available under this clause you shall not be allowed to avail the Service offered by WAGKART PET SERVICES for a period of at least one [1] month.
15. Third Party Links on Our Websites
Our website or mobile application may contain links to other websites and application that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. If you use these links, you will leave our website or mobile application and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites or mobile applications that are not owned, operated or controlled by us.
16.Change in Website, Mobile Application or Content
We reserve the right, in our sole discretion, to: modify, suspend or discontinue any of our Serviceoffered through our website or mobile application, with or without notice; modify and/or waive any fees charged in connection with our Service; and/or offer opportunities to some or all users of our Service. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to our Service.
17. Disclaimers; Limitations on Liability; Indemnity
We shall not be held liable for any loss or damage suffered by you resulting from your failure to follow any instructions/advice provided by us.
We shall not be responsible for any damages caused to your or others’ property or possession by your PET during the time that the PET is under our care. You agree to indemnify WAGKART PET SERVICES against any such claims arising out of or in connection with this such damage as mentioned in this clause.
We shall care for your PET as you would, and whilst we shall make every effort to ensure the safety and wellbeing of your PET, we shall not be held responsible for any loss, damage, injury, or death caused to your PET during the provision of Service under this User Agreement.
In no event will we or any of our respective officers, directors, employees, shareholders, associated entities, agents, successors or assigns, nor any party involved in the provision of Service, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages arising out of the provision of Service, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities or damages, shall not exceed the amount you paid to subscribe to our Service, for the billing cycle in force at the time of raising of liability
To the extent that you cause or contribute to any loss or damage suffered, our liability to you for any such loss or damage shall be reduced to that extent.
You shall accept full liability and responsibility for any event occurring or arising from the behaviour or characteristics of your PET. You shall indemnify WAGKART PET SERVICES for any damage or injury caused by the PET towards any property, person or other animal; this includes but is not limited to veterinary, medical and legal fee.
By submitting our webform, you agree to receive promotional calls on the number shared, and such calls and SMS would be coming from a third party platform on behalf of Wagkart Pet Services.
You agree to defend, indemnify and hold us and our associated entities harmless, and our officers, directors, employees, business partners and agents, from and against any and all claims, demands, actions, damages, obligations, losses, liabilities, costs or debt, and expenses [including but not limited to reasonable attorneys’ fees] arising from:
- any breach by you of any of the terms of this User Agreement, including but not limited to any other Policies constituted by us governing the use of our Service; or
- your violation of any applicable law, rules or regulations to which you are subject to.
18. Governing Law; Severability; Waiver; Dispute Resolution; Force Majeure; Assignment
It is your responsibility to ascertain and obey all applicable local, state, and international laws, statutes, rules and regulations [including minimum age requirements] related to the use of our Service and use of our website and mobile application. Any dispute arising out of, or relating to, the use of our Service, our website or mobile application will be governed by and construed in accordance with the laws of India. Any kind of dispute or issue between the parties shall be adjudicated before the courts of Gautam Budh Nagar.
If any part of thisUser Agreement shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the User Agreement.
Any failure by us to partially or fully exercise any rights or the waiver of any breach of the User Agreement by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the User Agreement. Our rights and remedies under the User Agreement shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Any claim arising out of, or relating to, this User Agreement must be brought within one [1] year after the cause of action arises, or such claim or cause of action is barred. You shall not seek recovery or damages other than for the amount you paid to purchase the Service related to your claim. In the event of any controversy or dispute between us and you arising out of or in connection with your use of our Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time [not to exceed 30 calendar days], then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in, India.
A party shall not breach this User Agreement and is not liable to the other party for a delay or failure to perform an obligation resulting from events or circumstances beyond a party’s reasonable control, including acts of God, war, flood, fire, storm, explosion, civil disobedience, tempest, theft, vandalism, pandemic, riots, terrorist actions, wars, interruption to telecommunications systems, network failure or the act or omission of any third party[other than contractors or subcontractors] over which the party has no control, but does not include an obligation to pay monies.
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this User Agreement. We have the right to assign or otherwise delegate all or any of our rights or obligations under this User Agreement to any person.
19. Contact Us
If you have any questions or concerns about the User Agreement, please contact us at:
info@wagkart.com
Schedule I [Applicable for 2024]
Dates for public holidays are subject to change as per the calendar
| S. No. | Date | Holiday Name |
| 1 | January 1 | New Year’s Day |
| 2 | January 26 | Republic Day |
| 3 | March 26 | Holi |
| 4 | August 15 | Independence Day |
| 5 | October 2 | Gandhi Jayanti |
| 7 | October 12 (HD) | Dussehra |
| 8 | October 31 (HD) | Diwali |
| 9 | November 1 | Diwali |