- The Website and the domain name i.e. https://www.sploot.store and https://www.sploot.tech and all its content, information, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images and graphics contained in the Website are proprietary information of the Company.
This Agreement does not alter in any way the terms or conditions of any other agreement You may have with us, or our subsidiaries or affiliates, for Services or otherwise. If You are using the Website on behalf of any entity, You represent and warrant that You are authorized to accept these terms on such entity's behalf, and that You agree to indemnify us for violation of this Agreement.
- The fundamental purpose of the Website is to provide a platform to its Users to empower them to take better decisions regarding the health, safety, and lifestyle of their pets. The Website enables the Users to organize the pet's health record, manage their tasks and provide personalised recommendations for every pet, including without limitation organizing video consultations with various recognized pets.
- The Service is currently provided free of charge to you, although you are responsible for any third-party fees that you may incur when using the Service, including any fees assessed pursuant to any third-party service and/or any internet connection fees. We reserve the right in the future to provide updated products, services and offerings via our Service to you (“Updated Offerings”) which may or may not be provided free of charge. You will be informed of any changes or updates to the Service, including with respect to any Updated Offerings, where Sploot charges you for your use of the Service in advance of your incurrence of any such charges.
- A condition of the User’s use of and access to the Website and to the services provided by the Company, including, but not limited to as provided in Section II above (“Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this Website immediately and discontinue use of all other Services.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard.
- You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to User content.
- The Company hereby grants You a limited, personal, revocable, non-sub licensable and non-exclusive license to access and use the Service for personal or internal business purpose through the Website. This license granted herein does not include any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless otherwise set forth in this Agreement.
- In addition to the above, You further acknowledge and agree that You will not:
- reproduce or attempt to reproduce the Website;
- modify, adapt, translate or create any derivative works of the Website or attempt to do the foregoing;
- attempt to circumvent or disable the Website or any technology, features or measures in the Website by any means or in any manner;
- attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Website;
- distribute, encumber, sell, rent, lease, sub-license the Website to any third party;
- access or use the Website/Services/products in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
- make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
- remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Website or used in connection of the Website;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website/Services/products, materials, systems resources, or gain unauthorized access to Accounts, passwords, servers or networks connected to or accessible through the Website/Services/products or any affiliated or linked sites;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; and
- give any unauthorized access or distribute or reproduce the any content which you may access on the Website to a third party. In the event, the Company becomes aware of any Users giving unauthorized access to any third party or distributing or reproducing any content on the Website to or any third-party channel, Company’s competitors or any media house, the Company reserves the right to suspend or terminate the said User’s account with immediate effect.
- This Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872 (“Contract Act”);
- the Information Technology Act, 2000 (“IT Act”);
- the rules, regulations, guidelines and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”);
- the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”); and
- the Consumer Protection Act, 1986.
- You must be Eighteen (18) years of age to use the Services or submit any information on the Website. If You are between below Eighteen (18) years of age, You may only use the Services under the supervision of a parent or a legal guardian who agrees to be bound by these Terms. Persons who are “competent/capable” of contracting within the meaning of the Contract Act shall be eligible to register for Company’s products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for our products or Services. In the event a minor utilizes the Website and the related Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of the Website or any of Company’s products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that minors using the Website has obtained the consent of parent/legal guardian. The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of Eighteen (18) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria.
- You shall at all times, while using the Website comply with all applicable laws and regulations necessarily required to procure the Services from the Company and that the Company shall not be liable for any of Your unlawful acts while using the Website.
- As mandated by Regulation 3(2) of the IG Rules, and to the extent of this Agreement, the Company hereby informs You that You are not permitted to host, display, upload, modify, publish, transmit, update or share any information wherever it may be required which:
- belongs to another person and to which You do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates or defames another person in a manner which could on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever hurt his religious feelings;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
- The Company shall in order to increase its reachability across India and other countries, shall provide for referral scheme programs which shall allow its Users to opt for the scheme and avail such benefits as may be offered by the Company. Since it shall be an optional selective policy of the Company, the decision of the Company shall be final at all times and the same shall not be either disputed or challenged. It should be noted with abundant caution that no User, any partner on boarding or intending to work with the Company or other stake holder shall do business with the Company in anticipation of such referral benefits. Company shall not be held responsible if any User or any customer does business with the objective of getting referral benefits as in when paid by the Company which shall be entirely dependent on Company’s own discretion based on internal parameters and various demographic and economic factors.
- You are also prohibited from:
- violating or attempting to violate the integrity or security of the Website;
- transmitting any information on or through the Website that is disruptive or competitive to the provision of the services provided by the Company;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the information available from the Website; and
- framing or hotlinking or deep linking any contents from the Website.
- The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information/ act/ omission as mentioned in Para 5 above, shall be entitled to disable such Accounts/ information/ tool that is in contravention of Para 5 above, the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
- SUBMISSION OF INFORMATION
- If You allow a third party, access to the Services through Your account, You shall ensure that the said third party is bound by and abides by the terms of this Agreement.
- The Company authorizes You to access the Website solely for the purpose of using the Services.
- You hereby authorize the Company to (a) render the Services provided by the Company (b) use Your submitted information to contact You, (c) maintain a record of Your queries, visit of the Website, and/or feedback, and (d) use all submitted information by You in a manner as it may deem necessary.
- By submitting content on or through the Services (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your Material in accordance with these Terms. If you delete your Accounts your Material and name may remain available through the Services.
- For certain functions of the Website’s Services, such as reviewing and tracking Your use of the Services or to provide effective Service through the Website, You may be required to provide Your name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, You are required to provide accurate and complete information.
- The Company reserves the right, at its sole discretion, to suspend Your ability to use or access the Website (or a part thereof) or the Services at any time while the Company investigates complaints or alleged violations of these Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict You from using the Website if the Company, in its opinion, feels that You are misusing the Website in any manner whatsoever.
The Website may provide information regarding third party Website(s), affiliates or business partners and/or contain links to their Websites. Such information and links are provided solely for the purpose of Your reference. The Company is not endorsing the material on the Website, is not responsible for such errors and representation nor is it associated with it and You shall access these Websites at Your own risk. Further, it is up to You to take precautions to ensure that whatever links You select or software You download from the Website, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature.
All the intellectual property used on the Website by the Company, service providers or any third party as the case may be shall remain the property of the Company, service provider or any other third party (as applicable). You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. Any information or proprietary material (including medical records, etc.) on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
- The Company does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Service.
- The Company shall not be liable for any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the inability to use or performance of the Website or the Services. This shall extend to the loss suffered by You due to delay or inability to use or access the Website or the Services.
- The Company shall not be responsible or liable in any manner to You for any losses, damage, injuries or expenses incurred as a result of the use of the Website in any manner.
- It is agreed and acknowledged by You that to the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (a) errors, mistakes, or inaccuracies of user content or any other content available on the Website, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Website, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (f) any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
- We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, the Company limits its liability for any claims under those warranties or conditions to supplying you the Services through the Website.
- It is agreed and acknowledged by You that the Company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
You understand that when using the Website, You may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and You agree and assume all liability for Your use. You hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
- This Agreement will remain in full force and effect while You use the Website in any form or capacity.
- The Company reserves the right to terminate Your access to the Website and this Agreement in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information the You submit to the Company through the Website.
- Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.
- DISPUTE RESOLUTION AND GOVERNING LAW
- All disputes will be subject to arbitration at New Delhi in English by a single arbitrator appointed by You and the Company under the Arbitration and Conciliation Act, 1996.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms of Service or the right to use the Website by the Users contained herein or any other section or pages of the Website in any manner whatsoever.
- The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, or providers, computer or mobile phone equipment, or software, including injury or damage to your or to any other person’s computer, mobile device, or other hardware or software, related to or resulting from using the Service. Under no circumstance will the Company be responsible for any loss or damage resulting from your use of the Service, or from any content or third-party content made available through the Service, or from any interactions between you and any third-party service provider (including veterinarians).
- The Company reserves the right to modify or discontinue the Service, in whole or in part, at any time without notice.
- YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW). SPLOOT DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. To the extent that applicable law does not allow limitations of implied warranties, some or all of the limitations or exclusions in this Section XV may not apply to you.
All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address:
Flat No. 4087, Sector C, Pocket 4, Vasant Kunj, New Delhi – 110070, India
Questions or any feedback about the Website or the Services may be directed to the Company and You may contact us at email address: [firstname.lastname@example.org]