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These Terms of Service (the “Terms”) are a binding legal agreement between you and Petside. (“Petside,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “Petside Service”). The Terms govern all use of the Petside service, whether you access it from our website at www.petside.in (the “Site”), our mobile applications and mobile websites, our Facebook application, our online or phone support offerings, or any other access point we make available to you. BY ACCESSING OR USING THE PETSIDE SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE PETSIDE SERVICE. You understand and agree that we may change the Terms from time to time, and that any such changes will be effective immediately (except as otherwise described in Section 17.9 below) when we post the modified Terms on the Petside Service. Your continued access and use of the Petside Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
2.1 Nature of the Petside Service. The Petside Service consists of a desktop Web application and other related tools, support and services that pet owners (“Pet Owners”) and providers of pet-related services (“Service Providers”) can use to find, communicate with and interact with each other. The Petside Service includes our emergency support services, educational materials for Service Providers. We charge fees for some aspects of the Petside Service, as described below in Section 9.
2.2 Petside.in does not provide Pet Care Services. Petside is a neutral venue for Service Providers and Pet Owners. Petside is not a Service Provider and, except for emergency phone support and other resources and support specifically described in the Petside Service, does not provide pet care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, transportation, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with users. Though we provide general guidance on our Site to Service Providers about safety and pet care and to Pet Owners about selecting and engaging Service Providers, Petside does not employ, recommend or endorse Service Providers or Pet Owners, and we will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline. We conduct an initial review of Service Provider profiles and we facilitate background checks on Service Providers, but, except where explicitly specified in the Petside Service (and then only to the extent specified), do not otherwise screen Service Providers or Pet Owners. You should exercise caution and use your independent judgment before engaging a Service Provider, providing services, or otherwise interacting with users via the Petside Service. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Petside Service is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
2.3 Release. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Pet Owners, whether online or offline. You acknowledge and agree that YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4 Transactions are between Pet Owners and Service Providers. The Petside Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the Petside Service are between Pet Owners and Service Providers. Except for the limited refunds of Petside’s fees described in Section 9.6 and the “Reservation Protection” specified in Section 9.6, you agree that Petside has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Petside Service.
2.5 Bookings. Pet Owners and Service Providers transact with each other on the Petside Service when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via the booking mechanism provided on the Petside Service (a “Booking”). Once you complete a Booking, you agree to honor the price and other terms of that Booking.
2.6 Pet Owners are Solely Responsible for Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Though Petside performs a limited review of applications to become Service Providers and facilitates Service Provider background checks conducted by a third party, any such screening is limited, and Petside does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Petside does not endorse reviews of Service Providers by other Pet Owners that may be available via the Petside Service, and Petside makes no commitments that such reviews are accurate or legitimate.
2.7 Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and fail to retrieve their pet within seven (7) days after the service period identified in a Booking (or an earlier period required under applicable animal abandonment or cruelty laws) agree that Petside (or the Service Provider) may, in its (or his or her) sole discretion, place the pet in foster care and/or notify animal control authorities. Pet Owner agrees to reimburse Petside and/or the Service Provider for all costs and expenses associated with such actions. Further, Petside expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Service Provider’s care should Petside deem it necessary for the safety of a pet, the Service Provider, or any persons living with the Service Provider. Prior to removing a pet from the care of a Service Provider, Petside will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency contact (if provided) to arrange alternative care. Should Petside not be able to contact the Pet Owner or the emergency contact, Petside will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Petside in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Petside in connection with such transfer, including any additional charges for new Bookings.
2.8 Emergencies. We recommend that Pet Owners give their Service Providers contact information where they can be reached in the event medical care for a pet becomes necessary. Service Providers agree to immediately contact Pet Owners in the event such care becomes necessary. If you are a Pet Owner, you hereby authorize your Service Provider and Petside to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Petside. If your Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Service Provider and Petside for any injury, damage or liability arising from failure to seek such care, including from reimbursement. Pet Owners are solely responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Petside to charge your credit card or other payment method for such costs.
2.9 Consultation Services. Petside may offer Pet Owners and Service Providers phone, chat, or email veterinary consultation services from a third party to provide an educational resource for decisions you make about your own pets or pets in your care. These consultation services are provided by a third party and are not a part of the Petside Service. If you use these third-party consultation services, you should use them only in conjunction with, and not as a substitute for, professional veterinary care. You agree to resort solely to the applicable third-party consultation service in the event of any claims arising from their services.
2.10 Consent to Call Recording. You agree that any phone calls to or from Petside may be monitored or recorded for quality assurance purposes.
By accessing and using the Petside Service, you certify that you: (1) are 18 years of age or older, and (2) will comply with all laws and ordinances applicable to your activities conducted through Petside.in. For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated and licensed as required by local law. For Service Providers, this includes that you are legally eligible to work in the jurisdiction where you provide Pet Care Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide Pet Care Services. You acknowledge that Petside is entitled to rely on these commitments and is not responsible to ensure that all users have met these eligibility conditions.
4.1 Your Conduct on the Petside Service. When you use the Petside Service, you agree:
In order to use some aspects of the Petside Service, you will be required to create a username, password, and user profile. If you elect to use the Petside Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Petside suspends or terminates your account, not to create further accounts). You are responsible for maintaining the confidentiality of your username and password for the Petside Service, and you agree not to authorize anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
Our collection and use of your personal information on the Petside Service is described in our Privacy Policy. By accessing or using the Petside Service, you acknowledge and consent to the Privacy Policy.
8.1 Consent to Autodialed Text Messages and Phone Calls. You consent to Petside communicating with you about the Petside Service by SMS, text message, email and other electronic means, including autodialed text messages and phone calls containing service information and/or marketing messages, even if your phone number is on the do-not- call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the Petside Service, and you may opt-out of receiving these messages and calls at any time as described in our Privacy Policy(though you may continue to receive messages while Petside processes your request). Notwithstanding the foregoing, if you are a Service Provider, certain Petside Services, such as on-demand booking, may require that you receive service-related messages by text and/or accept mobile app push notifications or alerts. In that case, in addition to deactivating push notifications in your mobile app and opting out of all types of text communications in your online Petside account settings, you must also send an email to [email protected] from the email address used to establish your Petside account, that includes your mobile telephone number and a request to be deactivated from on-demand booking services. In the event you deactivate a mobile phone number provided to us for this purpose, you agree to update your Petside account information promptly to ensure that messages are not sent to the person who acquires your old number.
9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Petside Service are listed and payable in local currency. (If you use the Petside Service to book a Service Provider in India, your payments will be in INR.)
9.2 Fees for Pet Owners. Pet Owners may purchase Pet Care Services from a Service Provider by completing a Booking as described in Section 2.5. If you are a Pet Owner, you enter into a transaction with the Service Provider when you accept a Booking, and you agree to pay the total fees indicated in the Booking. Except where otherwise specifically indicated on the Petside Service, fees for Pet Care Services are determined by Service Providers. As described in Section 9.3, the total amount Pet Owners are charged for a Booking may also include a service fee payable to Petside. Where required by law, the amount charged may also be inclusive of applicable taxes. The Service Provider, not Petside, is responsible for performing the Pet Care Services.
9.3 Fees for Service Providers. Service Providers may agree to provide Pet Care Services to a Pet Owner by agreeing to a Booking as described in Section 2.5. If you are a Service Provider, you must confirm the Booking before it expires, or the Pet Care Owner will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of Pet Care Services is a transaction between the Pet Owner and the Service Provider. Petside’s role is to facilitate payments from Pet Owners to Service Providers as limited payment agent for the Service Provider. We collect payment from the Pet Owner at the time of Booking and (except to the extent of any payment hold pursuant to Section 9.7) remit payment to the Service Provider’s account on the Petside Service 48 hours after completion of the service period indicated in the Booking. Service Providers are charged a service fee as described in Section 9.4, which we deduct before remitting payment to Service Providers.
9.4 Service Fees. We charge service fees for some aspects of the Petside Service. If you are a Service Provider, except where otherwise specified via the Petside Service, our service fee is calculated as a percentage of the fees a Pet Owner agrees to pay in a Booking. We deduct this service fee from the amounts paid by the Pet Owner.
9.5 Late Fees and Additional Charges. If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged for additional service time (pro rata for each partial late day) at the daily rate established in the Booking. In addition, you agree to indemnify Petside from, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we or the Service Provider incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.
9.6 Cancellations and Refunds.
Petside may provide Service Providers with access to third party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (collectively, “Background Checks”). We do not provide, and are not responsible or liable in any manner for, the Background Checks, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or the accuracy, timeliness or completeness of any information in the Background Checks. We do not independently verify information in the Background Checks.
If you undergo a Background Check via the Petside Service, you hereby consent to the collection, use and disclosure of the information in the Background Checks, and you agree to provide complete and accurate information for your Background Check. You understand and agree that Petside may, in its sole discretion, review and rely on the information in the Background Checks in deciding whether to suspend or terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check is not accurate, timely or complete. If you are the subject of a Background Check, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that Petside’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Petside reserves the right to suspend or terminate your access to the Petside Service based on information in the Background Checks or for any other reason, or no reason, in our sole discretion.
Pet Owners remain fully responsible to evaluate and investigate their Service Providers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, Petside does not automatically run Background Checks on any Users. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Checking agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries and nolle pros will not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies
The Petside Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Petside.in HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Petside Service; (2) breach of these Terms; (3) disputes with other users of the Petside Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your Content; or (7) your use of any Background Check information in violation of the Fair Credit Reporting Act (FCRA) or other applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
14.1 Petside Service. Petside and its licensors retain all right, title and interest in and to the Petsides Service, the technology and software used to provide it, all electronic documentation and content available through the Petside Service (other than Your Content), and all intellectual property and proprietary rights in the Petside Service and such technology, software, documentation and content. Except for your rights to access and use the Petside Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Petside Service any feedback or suggestions for enhancement that you provide to us concerning the Petside Service, without any obligation of compensation.
14.2 Petside Trademarks. Petside owns all rights in and to its trademarks, service marks, brand names and logos (the “Petside Marks”). If you are a Service Provider, Petside grants you, for so long as you are in good standing on the Petside Service, a limited, revocable, non-exclusive, non-transferable license to use the Petside Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, signage etc.), made available for purchase via the Petside Store and/or (2) in any other manner specifically authorized in writing via the Petside Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Petside Marks inures solely to the benefit of Petside, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because Petside suspends or terminates your rights to use the Petside Service.
The information and materials found on the Petside Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Petside Service, but not directly by Petside, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Petside DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE Petside SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Petside; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE Petside SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Petside EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE Petside SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS PET CARE SERVICES VIA THE ROVE SERVICE.
16.1 Exclusion of Certain Types of Damages. In no event will Petside be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Petside Service, including without limitation damages related to any information received from the Petside Service, removal of your profile information or review (or other content) from the Petside Service, any suspension or termination of your access to the Petside Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Petside Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.2 Limit on Our Liability to You. EXCEPT FOR THE LIMITED REIMBURSEMENTS APPROVED BY PETSIDE UNDER THE PETSIDE GUARANTEE AND THE REFUND AMOUNTS PAYABLE BY PETSIDE THAT ARE SET FORTH IN SECTION 9, IN NO EVENT WILL PETSIDE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PETSIDE SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO PETSIDE (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS VIA THE PETSIDE SERVICE) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID PETSIDE FOR THE USE OF ANY SERVICES, THE AMOUNT OF INR 5000.00.
16.3 No Liability for non-Petside.in Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PETSIDE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PETSIDE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PETSIDE SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PETSIDE SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU
16.1 Exclusion of Certain Types of Damages. In no event will Petside be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Petside Service, including without limitation damages related to any information received from the Petside Service, removal of your profile information or review (or other content) from the Petside Service, any suspension or termination of your access to the Petside Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Petside Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.2 Limit on Our Liability to You. EXCEPT FOR THE LIMITED REIMBURSEMENTS APPROVED BY PETSIDE UNDER THE PETSIDE GUARANTEE AND THE REFUND AMOUNTS PAYABLE BY PETSIDE THAT ARE SET FORTH IN SECTION 9, IN NO EVENT WILL PETSIDE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PETSIDE SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO PETSIDE (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS VIA THE PETSIDE SERVICE) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID PETSIDE FOR THE USE OF ANY SERVICES, THE AMOUNT OF INR 5000.00.
16.3 No Liability for non-Petside.in Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PETSIDE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PETSIDE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PETSIDE SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PETSIDE SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PETSIDE.IN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
17.1 Arbitration Agreement; Claims. This Section 17 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you and Petside (together, the “Parties”) agree that any and all disputes or claims that arise between you and Petside relating to the Petside Service, interactions with others on the Petside Service, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
17.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
17.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND PETSIDE AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 17.9 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PETSIDE AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PETSIDE USERS.
17.4 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at [email protected] If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
17.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and Petside, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Petside will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Petside will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Petside for all fees associated with the arbitration paid by Petside on your behalf that you otherwise would be obligated to pay.
17.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
17.8 Severability. If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable.
17.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Petside prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site and will not be effective as to any claim that was filed in a legal proceeding against Petside prior to the effective date of removal.
These Terms, and any dispute between you and Petside, will be governed by the laws of Mumbai Courts, without regard to principles of conflicts of law. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Petside must be resolved exclusively by a state or federal court located in Mumbai. You and Petside agree to submit to the personal jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such claims or disputes.
Nothing in this Agreement will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party will have or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. If you have any questions about anything in these Terms, please contact us via email at [email protected]