Terms and Conditions

These Terms & Conditions (hereinafter referred to as “T&C”) are a binding legal agreement between you and Sploot Pvt. Ltd.  (“Sploot” “we,” “us” and “our”).

The T&C govern your use of our software applications, resources and services for pet owners availing pet walking services or any additional service through Sploot (hereinafter collectively, our “Sploot Service”).

The T&C govern all use of the Sploot Service, whether you access it from our website at www.sploot.space or our mobile application and mobile website.

BY ACCESSING OR USING THE SPLOOT SERVICE, YOU ACCEPT THESE T&C. IF YOU DO NOT AGREE WITH THESE T&C, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SPLOOT SERVICE.

You understand and agree that we may change the T&C from time to time, and that any such changes will be effective immediately (except as otherwise described in this Agreement) when we post the modified T&C on the Sploot Service. Your continued access and use of the Sploot Service after we post the modified T&C will constitute your consent to be bound by the modified T&C.

• Sploot Service
• The Sploot Service at present is limited to offering dog walking services to its Users. If Sploot offers any additional services, then the availing those services will be governed by these T&C and other terms and conditions, which shall be informed to you before availing the same.
• Users transact on the Sploot Service when they make “booking” that specifies the fees, time period, and other terms for provision of dog walking.
• We recommend that Pet Owners give us their contact information where they can be reached in the event medical care for a pet becomes necessary. We agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact Sploot by phone at  080-4588660 or at boop@sploot.tech.
• You hereby authorize Sploot 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 Sploot. If we reach you with a request to authorize medical care for your pet and you refuse, you release Sploot for any injury, damage or liability arising from failure to seek such care, including from reimbursement.
• You agree that any phone calls to or from Sploot may be monitored or recorded for quality assurance purposes.
• You agree that you shall not directly approach Sploot’s dog walkers in order to bypass the platform.
  
  
• By accessing and using the Sploot 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 our platform; (3) that you will ensure that your pets are vaccinated and registered as required by local law. You acknowledge that Sploot is entitled to rely on these commitments, and is not responsible to ensure that all users have met these eligibility conditions.
  
  
• Registration: In order to use some aspects of the Sploot Service, you will be required to share your email id and phone number and thereupon create a user profile. If you elect to use the Sploot 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 Sploot suspends or terminates your account, not to create further accounts). You are responsible for maintaining the confidentiality of your details for the Sploot Service, and you agree not to authorize anyone else to use your account with Sploot. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
  
  
• Usage: When you use the Sploot Service, you agree:
• To use the Sploot Service only in a lawful manner and only for its intended purposes.
• Not to use the Sploot Service exotic or inherently dangerous pets or any animal with a history of attacks on pets or people. In case, the animal has a history of attacks on pets or people, then the same shall be informed to Sploot and decision to allow you to avail Sploot Services shall rely solely on Sploot. In case of an exotic breed, you shall inform Sploot about any specific requirements and precaution to be undertaken before taking the pet for a walk, thereupon decision to allow you to avail Sploot Services shall rely solely on Sploot.
• Not to submit viruses or other malicious code to or through the Sploot Service.
• Not to use the Sploot Service, or engage with other users of the Sploot Service, for purposes that violate the law.
• Not to use the Sploot Service (or any predecessor or successor to the Sploot Service) to arrange for the provision and purchase of services with another user, then complete transactions for those services offline.
• Not to post reviews about Sploot that aren’t based on your personal experience, that are intentionally inaccurate, or that violate these T&C.
• Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
• Not to post “spam” or other unauthorized commercial communications.
• To use the Sploot Service only for your own purposes, and not to impersonate any other person.
• Not to transfer or authorize the use of your account for the Sploot Service by any other person, except any person duly authorized by the User or members part of the family group registered with Sploot.
• Not to provide false information in your profile on, or registration for, the Sploot Service.
• Not to interfere with our provision of, or any other user’s use of, the Sploot Service.
  
  
• Termination: You understand and agree that we have no obligation to provide Sploot Service to you, nor any obligation to continue providing it once we have begun. If we believe your conduct on our Platform is inappropriate, unsafe or violates these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the Sploot Service in our sole discretion.
  
  
• Privacy. Our collection and use of your personal information on the Sploot Service is described in our Privacy Policy. By accessing or using the Sploot Service, you acknowledge and consent to the Privacy Policy.
  
  
• Content
• We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Sploot Service or otherwise in connection with using the Sploot Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”).
• License. Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, you grant us an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting Sploot Services, and to sublicense these rights to third parties.
• If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Sploot and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license and the other provisions of these T&C.
• You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these T&C.
• Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on our Platform. Our enforcement of these T&C with respect to Your Content is at our discretion, and failure to enforce the T&C in one instance does not create a waiver of your right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
• We have no obligation to provide you with the content of any reviews about you submitted by other users of the Sploot Service, whether before or after termination of your account for the Sploot Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Sploot Service at any time.
  
  
• Phone, Text and Mobile Communications.
• You consent to Sploot communicating with you about the Sploot Service by SMS, text message, email, social media accounts, Whatsapp and other electronic means, including phone calls containing service information and/or marketing messages.
• Notwithstanding the foregoing, Sploot Services, 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 Sploot account settings, you must also send an email to boop@sploot.tech from the email address used to establish your Sploot account, that includes your mobile 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 Sploot account information promptly to ensure that messages are not sent to the person who acquires your old number.
  
  
• Payments
• Sploot offers monthly subscription plans for all its users. The plans for the monthly subscription are accessible on our platform. Please note that the plans mentioned on our platform can be modified due to several factors. All fees, deductible amounts and other payments referenced on, or charged through, Sploot Service are listed and payable in Indian Rupees.
• Our monthly subscription payments are deducted automatically and are routed and processed through the payment gateway offered by Razorpay. The total amount charged for a service may also include a service fee payable to Sploot. Where required by law, the amount charged may also be inclusive of applicable taxes.
• Late Fees and Additional Charges. You acknowledge and agree that, if upon completion of a walk, Sploot is unable to locate you at the pick up point or any location specified by you, then, you will be charged for additional service time at the daily rate established. In addition, you agree to indemnify Sploot from, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we incur as a result of your failure.
• Cancellations and Refunds
• If a dog walker cancels a service booking prior to or during the service period identified, we will adjust the fees paid, as well as any service charge paid to Sploot within the monthly subscription plan.
• Sploot uses all reasonable efforts to find replacement dog walkers when a certain dog walker cancels near the start date of the service period identified.
• If one or more walk (s) is cancelled is by you during the service period specified, you shall not be entitled to any refund.
• Force Majeure. The cancellation policies described herein shall not apply in the event of certain emergency situations beyond the control of dog walker and/or Pet Owners that make it impossible or impractical to perform agreed service. However, the said reason shall be informed to Sploot and it will in the sole discretion of Sploot to initiate the refund (if any).
• If we determine in our reasonable discretion that a dog walker has failed to provide service as agreed with the Pet Owner or otherwise in accordance with these T&C then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Pet Owner (in the form of an adjustment)
• If you wish to cancel a Booking, you should use the mechanisms available through Sploot Service or email us at boop@sploot.tech or call on 080-4588660. For purposes of the policies and terms, the date of cancelation is the date that a user cancels through Sploot Service, regardless of any separate communications between users outside of Sploot Service.
  
  
• When you pay for Sploot Service, you will be required to provide us with valid, up-to-date payment method. You authorize us to charge via your selected payment method for fees you incur on the Sploot Service as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Sploot nor the dog walker will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these T&C, all fees paid via the Sploot Service are non-refundable once paid.

• Except for taxes on Sploot’s income and gross receipts generally, you acknowledge that you are responsible to pay any taxes that arise as a result of your purchase, provision, or use of services via the Sploot’s Service. This includes, without limitation, any form of sales tax or income tax on fees paid or received through the Sploot Service.
  
  

• Background Checks.

We provide an internal background checks on our dog walkers through third party, however we 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.

Pet Owners remain fully responsible to evaluate and investigate their dog walkers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these T&C or through the Service.

• Our platform 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.
  
  
• Indemnity

You agree to defend, indemnify and hold us 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) breach of these T&C; (2) your misstatements, misrepresentations, or violation of applicable law; (3) property damage or personal injury to third parties caused by your pet or pets in your care; (4) violation of any 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.

• Intellectual Property

We retain all right, title and interest in and to Sploot, the technology and software used to provide it, all electronic documentation and content available through our platform and all intellectual property and proprietary rights in the Sploot and such technology, software, documentation and content. Except for your rights to access and use Sploot Service set forth in these T&C, nothing in these T&C 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 our platform any feedback or suggestions for enhancement that you provide to us concerning Sploot, without any obligation of compensation. We own all rights in and to its trademarks, service marks, brand names and logos (the “Marks”).

The information and materials found on our platform, 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 our platform, but not directly by Sploot, are those of their respective authors, who are solely responsible for such content.

• Limitation of Liability

In no event will Sploot 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 Sploot Service, including without limitation damages related to any information received from Sploot Service, removal of your profile information or review (or other content) from Sploot Service, any suspension or termination of your access to Sploot Service, or any failure error, omission, interruption, defect, delay in operation or transmission of Sploot Service, even if we are aware of the possibility of any such damages, losses or expenses.

Except for the limited reimbursements approved by Sploot under the refund amounts payable by Sploot that are set forth in this Agreement, in no event will Sploot’s aggregate liability to you or any third party in any matter arising from or relating to Sploot Service or these T&C exceed the amounts of Rs. 1000.

To the maximum extent permitted by applicable law, in no event will Sploot 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 Sploot 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 Sploot Service, or for any interactions with other users of Sploot 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.

• Governing Law and Jurisdiction

This Agreement will be governed by the laws of India. Competent courts in New Delhi shall have jurisdiction to hear the disputes arising out of this Agreement. Any dispute arising out of or in connection with this Agreement shall be settled by arbitration to be conducted by a mutually appointed Sole Arbitrator in accordance with the Arbitration & Conciliation Act, 1996 and the seat of arbitration shall be New Delhi with the procedure and the procedure shall be governed by Delhi International Arbitration Centre (DIAC).

• Miscellaneous. 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 T&C will in no way effect the validity, legality or enforceability of any other term or provision of these T&C. 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 T&C 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.