Terms & Conditions for Use of the Platform

GENERAL

This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. The said Rules require the intermediary to publish the rules and regulations, privacy policy, and user agreement for access or usage of its platform.
This legal document is an electronic record in terms of Information Technology Act, 2000 (hereinafter, the “Act”) and the applicable rules thereunder.
Our website (www.pwrpup.com) (hereinafter, the “Website”) and our “PwrPup” application for mobiles and hand-held devices (hereinafter, the “App”) and its integrated systems thereunder, are jointly referred to as the “Platform” and fall within the definition of ‘intermediary’ as defined in clause (w) of sub-section (1) of section 2 of the Act.
The Platform is operated and owned by Drool Ent Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at 3 Silver Palace, 880/83 Pali Mala Road, Bandra West, Mumbai, Maharashtra – 400050, India.
For the purpose of this electronic record, wherever the context so requires, the terms “you”, “your”, or “Licensee” shall mean and refer to any natural or legal person who has agreed to become a buyer/ customer on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer system/ mobile/ handheld device. The terms “PwrPup”, “Licensor”, “Company”, “We”, “Us” or “Our” shall mean Drool Ent Private Limited.
You may want to print a copy of these terms and conditions for future reference.
This electronic record is generated by a computer system and does not require any physical or digital signatures.

These terms of use (hereinafter, the “ToU”) is a legal agreement between you (Licensee) and Drool Ent Private Limited (Licensor) and govern your use of our Platform. Please read these ToU carefully before you use the services on the Platform. If you do not agree to these ToU, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with PwrPup and you signify your acceptance to these ToU and other policies of PwrPup including but not limited to the Cancellation & Refund Policy, Privacy Policy and Waiver and as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and creates a legally binding arrangement to abide by the same.
These ToU only apply to users of the App. Users in this context shall include customers of PwrPup availing the services offered by PwrPup on the platform (hereinafter, “Merchant/s”).
PwrPup enables transactions between Merchants and Drool Ent Private Limited, for availing dog walking services through the Platform. The buyers (" Buyer/s") can choose from the following services, which services may be updated on the Platform, from time to time (“Orders”).

One-off PwrWalk
Daily PwrWalk
2x Daily PwrWalks
Sunday PwrWalks

These services are collectively referred to as the “Existing Services”.

UPDATES

The terms of this ToU apply to the Existing Services and/ or any other services that may be offered by PwrPup through the Platform, from time to time, including any updates or supplements to the App (“Services”), unless they come with separate terms, in which case those terms apply.
We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next use the Platform. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use the Platform and avail the Services.
From time to time, updates to the Platform may be issued by PwrPup. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the Platform and accepted any new terms.
The Platform may be under constant upgrades, and some functions and features may not be fully operational.

AGREED TERMS

You accept responsibility in accordance with this ToU for the use of the App or any Service on or in relation to any Device, whether or not you own it.
The terms of our Privacy Policy (as may be amended from time to time) and available at (https://www.pwrpup.com/terms) (hereinafter, “Privacy Policy”) are incorporated into this ToU by reference. Additionally, by using the Platform and/ or availing any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using the Platform and/ or availing any Service, you consent to us collecting and using technical information about the devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
By using the Platform, you acknowledge and agree that PwrPup is not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please use your best discretion while disclosing and/or sharing information on the Platform.
You agree that PwrPup has no liability towards any damages arising to you or your dog, out of the services availed by you from our Platform.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of dog walkers or other third parties will be limited to a claim against the particular dog walker or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

USE OF PLATFORM SERVICES

In consideration of you agreeing to abide by the terms of this ToU, the Licensor hereby grants to you a non-exclusive, non-transferable license to use the Platform and the documentation for your own personal, non-commercial purposes, subject to the terms of this ToU.
PwrPup accepts no liability for any accidents that may occur during the Services offered through the Platform.
PwrPup is not responsible for any non-performance or breach of any transaction concluded outside of the Platform. PwrPup is not responsible for unsatisfactory performance of services or losses that may be incurred due to no fault of PwrPup.
The dog walkers shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Services availed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, the specific walks or any other service to which the complaint relates, to enable satisfactory resolution of the complaint.

LICENSEE’S UNDERTAKINGS

Except as expressly set out in this ToU or as permitted by any local law, you undertake:

Not to copy the App or Documentation;
Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documentation;
Not to make alterations to, or modifications of, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs;
Not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the App nor attempt to do any such thing.

ACCEPTABLE USE RESTRICTIONS

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

You will have your pets fully vaccinated and up to date on all forms of preventative medicine prior to receiving services from PwrPup.
Your pets are free from fleas, ticks, and other pests.
You will not use the Services to identify dog walkers in order to complete offline transactions in order to circumvent your payment obligations for the Services.
You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity.
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

Belongs to another person and which you do not have any right to;
Is misleading or misrepresentative in any way;
Harasses or advocates harassment of another person;
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including unauthorized disclosure of a person's name and/or details) or rights of publicity;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for any purpose from other users;
Interferes with another user's usage and enjoyment of the Platform and Services.
Harms minors in any way;
Infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy:
Be fraudulent or involved in the sale of counterfeit or stolen products;
Violates any law for the time being in force;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
Threatens the unity, integrity, defense, security or sovereignty of India and its friendly relations with foreign states, or public order, or causes incitement to the commission of any criminal offence, or prevents investigation of any offence or is insulting any other nation;
Is false, inaccurate or misleading;
Creates liability for us or causes us to lose (in whole or in part) the Services.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'PwrPup', or otherwise engage in any conduct or action that might tarnish the image or reputation, of PwrPup / the platform or otherwise tarnish or dilute any PwrPup's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or PwrPup's systems or networks, or any systems or networks connected to PwrPup.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
You agree not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services.
In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
Not to use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this ToU, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service

LIMITATION OF LIABILITY

You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform as described in the Documents meet your requirements.
We only supply the Platform and Documents for domestic and private use. You agree not to use the Platform and Documents for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our maximum aggregate liability under or in connection with this ToU whether in contract, negligence or otherwise, shall in all circumstances be limited to a sum equal to INR [-].

TERMINATION

We may terminate this ToU immediately without notice to you if you commit a material or persistent breach of this ToU. Upon termination for any reason:

all rights granted and activities authorized to you under this ToU shall cease;
you must immediately delete, or remove the App from all Devices, and immediately destroy all copies of the App and certify to the Licensor that you have done so.

TRANSFER OF RIGHTS AND OBLIGATIONS

This ToU is binding on you and us, and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of this ToU, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this ToU, or any of our rights or obligations arising under it, at any time during the term of the ToU without notice to You.

COMMUNICATION BETWEEN US

If you wish to contact us, or if any condition in this ToU requires you to give us notice in writing, you can send us an email to lets.talk@pwrpup.com or send us a registered prepaid post to #3 Silver Palace, 880/83 Pali Mala Road, Bandra West, Mumbai, Maharashtra, India 400050. The communication will be considered delivered only upon our confirmation to you of the same.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the addresses provided by you.

GENERAL TERMS

PwrPup shall not be in breach of this ToU nor liable for delay in performing, or failure to perform, any of its obligations under this ToU if such delay or failure results from Force Majeure or are attributable to events, circumstances or causes beyond reasonable control.
If any of the terms of this ToU are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This ToU constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the licensing of the App and Documentation.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.

PAYMENT TERMS

You understand that You can avail the Services offered on the Platform only upon prior payment of such charges as may be set out in respect of the Service(s) in the Platform (“Charges”). Once we receive your payment of the applicable Charges for the Services proposed to be availed, we will notify you regarding the same.
Charges will be inclusive of applicable taxes where required by law.
Subject to Clause 14 below, Charges paid by you are final and non-refundable, unless otherwise determined by PwrPup.
All Charges shall be prepaid and payment will be facilitated by PwrPup using the preferred payment method designated in you on the Platform, after which PwrPup will send you a confirmation by email.
If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that PwrPup may use a secondary payment method in your account, if available.
PwrPup reserves the right to revise the Charges for any or all Services obtained through the Platform, at any time in PwrPup’s sole discretion.
PwrPup may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services availed through the use of the Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services and/ or the Charges applied to you.
You understand and agree that, while you are free to provide additional payment as a gratuity to any dog walker who provides you with Services obtained through the Platform, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback.

ORDER CANCELLATION AND REFUND POLICY

Unless otherwise agreed by the PwrPup management:

You may cancel a maximum of 1 (one) walk out of all the walks booked by you through the Platform during a period of 1 (one) month and such cancellation shall be effective only if a request for such cancellation has been raised by You at least 24 hours prior to the designated time for the walk (“Free Cancellation”). In case of a Free Cancellation service, we may chose to either: (a) rescheduled the service to a later date; or (b) receive a refund of the amount paid by you in relation to Free Cancellation services.
If you cancel any services booked on the Platform other than the permitted Free Cancellation, PwrPup shall have a right to charge you a cancellation fee to the extent of the value of the services, with a right to either not refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our partners.
Once you have booked services/ submitted a request for services via the Platform, We reserve the right to cancel that order. Where you have already made payment for services that are subsequently cancelled by PwrPup, we will refund the amount paid by you in relation to that services directly via your chosen mode of payment or via PwrPup Credit in the form of discount coupons.
All refunds will be initiated with 7-10 business days.

DISCLAIMERS

The platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
We expressly disclaim all liabilities that may arise as a consequence of any violation by you or the dog of any laws, including but not limited to the municipal laws, regulations, policy, direct or unauthorized use of credit/ debit cards/ UPI/ Bank Accounts/ Wallets.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards/ UPI/ Bank Accounts/ Wallets.
You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's / merchants services.
While the materials and services provided on the platform were prepared to give accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information. The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgment of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein or on the Platform.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any Services provided by any third party or Merchant which is accessed through the Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.

LAW AND JURISDICTION

This ToU shall be governed by, subject to, and construed in accordance with the laws of India. Any dispute arising in relation to or out of the usage of the Platform and its integrated services shall be subject to the exclusive jurisdiction of the courts at Mumbai.