Terms and Conditions
These Terms of Service (the “Terms'' in particular) act as a binding legal agreement between Dogily (“we”, ''us” and ‘'our'') and You. The Terms mentioned govern/control your use of our services, resources and software applications for Pet Vendors and the Pet Owners, to communicate with each other and thereafter arrange for the provisional pet care services. These Terms also govern and control all use of the Dogily Services, if/whether you happen to access it from our official website (the “Site”), our mobile-friendly website, mobile applications, our Facebook applications, Instagram Page, our other phone support and online offerings and all the other points, of us, you have access to.
BY ACCESSING OR USING THE Dogily SERVICE, YOU ACCEPT ALL THE MENTIONED TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, AND IN THAT CASE, YOU DO NOT HAVE THE RIGHT TO USE THE Dogily SERVICE.
By accepting these terms you also agree to and understand that we may change the Terms from time to time, and you will also understand that these changes will be effective immediately. Your continued access and the use of the Dogily Service once we update and post the modified Terms will have your consent to be bound by the terms that are modified. The Dogily Service consists of the web application, and other tools, services and the support the pet owners and providers of pet-related services can use to interact with each other.
The Dogily Service includes our emergency support services. We also charge a certain amount of fees for some aspects of the Dogily Service we provide you. Dogily is a neutral venue/platform for Vendors and Pet Owners, where we offer to bridge the gap between pet parents and all the other services that they might need as a pet parent. Dogily does not offer any other service apart from the ones that are mentioned on our Services page. We offer services we only claim on our “Services offered” page. Furthermore, we assure no guarantee or warranty with respect to the quality of boarding, services related to pet sitting, veterinary and emergency services, pet products that we offer via third-parties, house sitting, the transportation facilities and all the other services provided by Vendors (the Pet Care Services).
Our aim is to solely provide guidance and bridge the gap between the Pet Parents and a variety of Vendors. However, we do not engage in the process of endorsing, employing and recommending any Vendors and Pet Owners. We will also not be responsible for the performance and actions of any Pet Owners and Vendors, be it online, or offline.
We at Dogily conduct an initial screening and review process of the Vendors we are associated with and also facilitate a Third-Party to perform background checks on these Vendors (you must know and understand that the screening and reviewing process conducted by Dogily is only applicable to the “extent” specified in the Dogily Service Policy).
We at Dogily always recommend our customers to exercise caution and act according to your independent judgements before confirming a Vendor, or if you are a Vendor then you are to exercise proper judgment and caution towards the Clients you make a commitment to. You as a Vendor or a Pet Owner will solely be responsible for all the decisions you take and these decisions are in the best interest of a pet owner or a Vendor. You must also understand and accept that “We” (Dogily) will not be responsible for anything that may go wrong in the process of you (Pet Owner) engaging in a service and/or a Vendors providing a particular service. You as a pet parent are responsible for the vaccination dues of your pet and we will not be responsible for anyone’s failure to vaccinate your pet.
We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, 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 Vendors 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.
The transactions that happen are between the Vendors and the Pet Owners. Dogily may be used to find and offer Pet Care Services when required, and to facilitate the payment methods. Apart from our general chargers while providing services, we do not/are not responsible for the transactions that happen between a pet parent and a Vendor and vice versa. However, all the transactions that happen are between Pet Parents and the Vendors. You hereby agree that Dogily will not be accountable for any damage (this may include bodily injuries of a pet or even the death of any pet) associated with Pet Care Services.
The Vendors and the Pet Owners have transactions with each other using Dogily’s platform. This is possible only when both parties agree to a “booking”. This booking will contain information about the fees, cancellation policy, the time period allotted for the service. Once you’ve made your booking, you must agree and make the payments that are due in your name and you also agree and accept all the other terms that come along with this booking.
You as a pet owner/pet parent are responsible to assess and evaluate the service provided by the Vendors. You as a Pet Parent/Owner must analyze if that’s the kind of service you wish to receive from a Vendor. Though Dogily conducts the initial screening of the Vendors, we hereby take no responsibility and we do not assure you that any such screening is accurate, current, complete or conclusive. Dogily does not endorse any sort of reviews, given by pet parents, of any particular Vendors that may be available on our website. We at Dogily also do not assure you that these reviews hold any truth in them or are even legitimate.
Abandoned Pets and Re-homing.
If a pet owner has to arrange for Pet Services and has failed to take back home their pet, within seven (7) days of the commencement of the service (from the date mentioned in the booking, or even earlier - applicable under animal cruelty and abandonment laws), agree to Dogily Team (or even the Vendors after having a discussion with the Dogily Team) May, in its (or his or her) sole discretion, may notify animal control authorities or even place the pet in foster care, as in when required.
As a Pet Owner, you agree to reimburse, Dogily and/or the Vendors, for all the expenses and the costs we would have incurred in such a situation. If we, at Dogily, deem it necessary we will take required actions and remove a pet from the care of a Vendor for the safety of a pet, a living person, or even the Vendors. Before taking this extreme action, the Dogily Team will try in their best efforts to contact and reach the Pet Owners/or even the Emergency Contact mentioned along with the Pet Owners contact. Using our (Dogily) best judgment during a time like this, we will try and put the pet in a place where we think is safe and right in terms of his well-being. You as a pet owner must release all documents of your pet, which includes the pet's vaccination details and all the necessary veterinary information during a relocation or re-homing of your pet. Furthermore, you agree and are responsible to pay all the costs and expenses incurred by the Dogily Team in times of a transfer of the pet (this may include charges of a new booking).
We recommend that all Pet Owners provide the Vendors with emergency contact information and contacts of people whom the Vendors can reach in times when immediate medical attention for the pet becomes Essential. If you are a Service Vendor, you agree to contact Pet Owners when an event like this has come into being and becomes necessary for you to make that call. If the Pet Parent isn’t available then you agree to reach out to the Dogily team through the contacts mentioned on the “Contact Us'' page. In a case like this, you as a pet parent authorize your pet’s veterinarian/veterinarians to release all your pet’s medical records to Dogily. If your Vendors reach you with a request to authorize medical care for your pet and should you refuse, you will not hold Dogily or even the Vendors accountable for any sort of injury or damage caused by not seeking immediate help for your pet.
Dogily May offer the Vendors and Pet owners veterinary consultation services (through phone, chat or email) from a third-party source. This is for the purpose that you can make a decision about your pets health and well-being, when necessary. These consultation services are provided by a third party and Dogily is not a part of this third-party service. You shouldn’t use these services as a replacement for actual veterinary care and attention, that may be required. We advise you to use these services to help you seek the guidance necessary to keep your pet’s health in mind.
Consent to Call Recording
You agree that any phone calls made to you through us to or from Dogily may be monitored/recorded for quality assurance purposes.
Eligibility; Legal Compliance
By using and accessing all the Services provided by Dogily you hereby confirm that you are:
(1) are 18 years of age or older, and
(2) will comply with all laws and ordinances applicable to your activities conducted via the Dogily Website.
If you are a Pet Owner, this means, among other things, that you will ensure that your pet/pets are vaccinated and have a license and all records are up-to-date as required by the law.
If you are a Vendor, this includes that you agree and confirm that you are legally eligible to work in the jurisdiction where you provide Pet Care Services. You confirm to act in accordance with and will act accordingly with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you. You hereby also confirm that you have obtained all the legal business licenses, the required permits, and have also fulfilled all the necessary legal obligations for you to be able to provide any Pet Care Service. You also hereby acknowledge and confirm that Dogily is entitled to rely on these commitments and claims you make, and Dogily is not/will not be responsible to ensure that all users have met these eligibility conditions.
Use of the Dogily Service;
Your Conduct on the Dogily Service. When you use the Dogily Service, you agree:
To use Dogily Service only in a manner that is lawful and also confirm that you will use Dogily Services for its intended purposes only.
That you will not arrange for the care of pets that can be harmful and dangerous, such as venomous snakes, wild animals, constrictors, primates, wolves, wolf hybrids, alligators, horses, non-domesticated cats, or any other animal that has had a history of attacking people or other pet animals.
Suspension and Termination
You hereby agree and understand that we (Dogily) have no obligation to provide our service to you nor do we have any obligation to continue providing our service to you once we have begun. If we think your conduct is inappropriate and unsafe on our Dogily Site, or you happen to violate any terms, and for no reason or any other reason, we have the right to suspend and terminate the access you have to our Dogily service (in our sole discretion).
For you to be able to gain access to our service (Dogily Service), you will be asked/required to create an account (by creating a user name, with a profile picture and an account password). By confirming that you want to use the Dogily Service, you also agree and confirm that any information you provide of yourself is true, accurate in its entirety and is also up-to-date. You also agree and confirm that you will not impersonate anyone nor will you create more than one account on Dogily. If Dogily decides to terminate and suspend your account, then you will not create any more accounts. You also agree to notify the Dogily team immediately of any unauthorized use of your account.
We may require you or anyone else on your behalf to submit/upload photographs, textual content, images, reviews, videos and other information on your Dogily profile. For example, as pet owners, you might have to give reviews on the Vendors and the Vendors will have to create a profile on our site and provide the necessary information, to transmit photos of the dogs or a pet animal of the Owners under the care of the Vendors.
Except for the limitations on disclosure and the use of the personal information that is shown and described in our Privacy Statement Policy, you give and grant Dogily a perpetual, irrevocable, non-exclusive, fully paid worldwide license to copy, perform, use, display publicly, modify, adapt, reproduce, broadcast, modify, transmit, prepare derivative works of and/or distribute the content (your Content) in connection with and while promoting Dogily and also grant permission to sublicense these rights to the third party services. 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 Dogily, and to sublicense these rights to third parties.
If any information related to you, like your name, persona, voice, image, performance, likeness happens to be/ is included in any of your Content, you hereby release and waive off Dogily and its users from any cause of actions and claims be it known or unknown, for copyright infringement, defamation, invasion of the rights to privacy, personality, publicity or any other similar claim arising due to the use of your content in accordance with provisions of these terms and policies mentioned in our privacy statement and terms and conditions page.
Your Representations and Warranties about Your Content.
You represent and warrant that
(1) You are the sole owner and/or the licensor of Your Content
(2) You have all the required and necessary consents and the required releases from the individuals who appear or whose pets appear in Your Content; and
(3) Your Content does not violate law and order or even the terms of Dogily.
Right to Remove or Screen Your Content.
Though we are not obligated or compelled to do so, we reserve and have the right to screen, edit, monitor and or even remove the content (Your Content) on our Dogily website. Our imposing and enforcing of these terms (this is with respect to your content) is at our preference and discretion. Any kind of failure to enforce these terms at any instance does not create any waiver of your rights to enforce the same in any other instance. We also have no obligation and compulsion to provide and retain copies of your content, nor are we going to be accountable to you for any sort of deletion, loss, any kind of modification and disclosure of your content. It is your responsibility to keep all the copies of the “Your Content”
If you happen to be a Vendor, then we in no situation are obligated to make available the content or any sort of reviews (about you), that which is submitted by other users of Dogily (this could either be before or even after terminating your account on the Dogily website. We will also not be accountable nor are we going to be responsible for any accidental or just deletion, disclosure, loss and modification of these reviews. We also have the reserve the right to edit, screen, or even remove these reviews from our Dogily website at any given point in time.
Phone, Text and Mobile Communications.
Consent to Autodialed Text Messages and Phone Calls.
You hereby agree and confirm that Doggily can communicate with you about the services they offer using methods like text messages, SMS, emails and even other means, which include text messages that are auto dialled and phone calls that contain service-related information and other marketing messages (this will be applicable to you even if your phone number is on your do-not-call list). You also hereby agree that standard charges and fees will apply to these kinds of communication. You are not obligated nor are you required to give this consent (to receive any marketing messages) for using the Dogily services. You can opt-out of receiving these kinds of calls and messages as described in our Policy on Privacy (you will continue to receive messages and calls until Dogily processes these (your) requests.
Notwithstanding anything that is mentioned before this, as a Vendor, to access certain services, on-demand booking you may require to receive the service-related messages by text or any other means. If you wish to have access to these messages and calls, then you can always change the settings (click on receive push notifications) on your mobile device. Apart from this, if you are choosing to not receive them at all then you must choose to opt-out of all the messages in your online Dogily account. If you wish to deactivate the phone number you had used to register, then you must ensure to update your new number immediately on your Dogily account.
Fees & Payment.
All the mentioned fees, the deductible amounts and other related payments referenced for the service, or have been charged through Dogily are listed and must be paid in local currency.
Fees for Pet Owners.
The Pet Owners may purchase Pet Care Services from a Vendor by completing and following all the sets involved in making a booking. If you are a Pet Owner, then you will enter into a transaction with the Vendors when you accept a particular Booking. You hereby confirm and agree to pay the entire fee that is indicated by the Dogily website for that particular booking. The pricing for these bookings are almost always decided by the Pet Care Vendors and the total amount the Pet Parent will pay will include a service fee that is payable to Dogily. Whenever and wherever required by the law, the amount that is charged is inclusive of taxes. The Vendors are solely responsible for promoting their Service. Dogily does not involve in the promotion of the Vendors.
Fees for Vendors.
As Vendors once you have agreed to a booking made by a pet parent you will provide your service. Before the booking ends, you as a vendor must confirm the booking. If you do not confirm, then the pet parent will have no obligation to complete the transaction that has begun. Once you have a booking that is confirmed, then you as a vendor confirm and agree to the price that has been quoted in your booking. The purchase of the Pet Care Services is a transaction that exists between the Vendors and the Pet Owner. Dogily will collect payment from the Pet Owners at the time of booking and send payment to the Vendor's account created on Dogily once the pet has checked in with the Pet Vendors as indicated and mentioned in the booking. The Vendors who lend their services are charged a certain amount of service fee which is deducted before remitting payment to Vendors.
Charges of service fees are applicable to certain aspects of the service that is being provided. If you are a Vendor, (except otherwise specified on our Dogily website), our service fee is calculated based on the agreed percentage of fees that a Pet Owner agrees to pay while booking. We will deduct these service charges from the money paid by the Pet Owner.
Late Fees and Additional Charges.
If by the end of finishing a service, that you as a pet parent have booked, have failed to retrieve your pet, the additional charges will be applicable for those many days that you plan on extending the service (everyday charges are separate). Furthermore, you also agree to reimburse Dogily and agree that we may charge your credit card or another payment method for any other additional costs and expenses we or the Vendors have incurred due to failure to retrieve your pet at the end of the service period agreed in a Booking.
Cancellations and Refunds.
Throughout the document “Vendors” means “Service Providers”, “Sellers”, “Pet Care Services”
Cancellations by Vendors.
If at a given point in time, a Vendors you have appointed has canceled (this could be prior or during the service period) due to reasons, Dogily will refund the amount that has been paid to the Vendors by the Pet Owner (this applies to for service that hasn’t been provided by the Vendors). In addition, if service charges have been paid to Dogily, then this amount will be refunded. We take the Vendors cancellations very seriously. This means that, if you are a Vendor and have canceled a booking, then our team (Dogily) will review your account and if we happen to deem it inappropriate, this will result in suspension and termination of your access to your Dogily account.
Dogily Pet Services will do everything possible to find a new replacement when a booking is cancelled by the Vendors, nearing the start date of the booking that has been made. However, the availability of finding Reservation Protection depends on factors like when the booking was cancelled and the type of pet care that is needed. If and when the Pet Owner accepts a new booking and has found a replacement, new charges will be applied and discussed by Dogily. However, if the Vendors have cancelled a booking because of the Pet Owners' inaccurate pieces of information or even aggressive behaviour towards the Vendors and the team, then the Pet Owner is solely responsible for the costs of any new reservation.
Cancellations by Pet Owner.
If and when a Pet Owner happens to cancel a booking before or during the service period specified in the booking, Dogily Pet Services will refund the amount in accordance with the policy (Cancellation Policy) selected by the Vendors on Dogily.
This is to inform you that the cancellation policies that are mentioned herein will not be applicable during times of emergency and situations that are beyond the control of Vendors of the Pet Owners, which makes it impossible or even impractical to make agreed bookings (For example, evacuations because of a hurricane, natural disasters or calamities). However, in uncertain and unfortunate times like this, Dogily will give a refund (with Terms & Conditions that apply) that will depend on the cancellation policy that was selected by the Vendors.
Refunds for Substandard Services.
If we believe that the Vendors have failed to provide services as agreed and promised to the Pet Owner, then Dogily with reasonable discretion will cancel the booking that is made and or issue a refund (a full or partial) to the Pet Owner based on terms and conditions set by the Dogily.
General Terms for Cancellations.
If you want to cancel a booking then please make use of the options Dogily provides you with. You can either reach out to us via email or even give us a call on our number mentioned in our “Contact Page”. The day and date a pet parent or the Vendors cancels are considered as the cancellation date through Dogily, regardless of any other form of communication (oral or written) between the users outside of our service.
Payment Outside of the Dogily Pet Service.
Dogily issues payments to Vendors a few hours after the pet has successfully checked in with the Pet Vendors. Once the decided amount has been paid, any other kinds of payments (that may cause disputes) between the Vendors and Pet owners, Dogily will not be responsible. Dogily will have no obligation or compulsion to facilitate or even mediate any sort of resolution. Any tips, bonuses, or various other kinds of payments that are made between the Pet Owners and the Vendors, Dogily is not associated nor is Dogily a part of this.
If Dogily suspects any fraudulent activity of you as a Vendor, then Dogily has the right to withhold payments until the issue has been resolved and a solution has been found. We at Dogily also recommend that the third-party payment Vendors restrict your access to funds under such circumstances.
Authorization to Charge.
When you make payments using cards, you are required to give us your card details that are up-to-date. If and when you swipe your credit card, you authorize us and give us consent to charge your credit card or any other payments for the total amount of fees you would have incurred on Dogily, when the payment needs to be made.
You will hereby agree and take responsibility for maintaining up-to-date card information. If for instance, we are unable to charge you for the fees, then nor will Dogily or the Vendorss be responsible for the failure to provide the services that were promised for the fee that was paid. Except for certain terms mentioned herein, all payments made via the Dogily service are non-refundable once the payment has been made.
You hereby agree and confirm that except for the taxes on Dogily’s income and gross receipts, you take full responsibility to pay any taxes that may arise because of certain purchases, provisions or even you using certain services via Dogily Pet Services. This without limitation includes sales or income tax (in any form) on the amount paid or received via Dogily Pet Services.
Apart from the initial screening of our onboarding process for the Vendors, we are not responsible for any other background checks and we also do not make any warranty that the background checks done at this time are reliable, accurate or are complete in any manner. We assign this task of “Background Checks” to a third party. We also do not verify information independently.
If you happen to undergo a background check through Dogily Pet Services, you hereby confirm that all the information you are providing during this process is true and completely accurate in its entirety. You also confirm that you have provided all details that we at Dogily can rely on, and this information will form the basis by which we, at Dogily, have the right to suspend and terminate your service if need be (This is also applicable in times where we have received a complaint against a Vendors).
As a pet owner, you will rely on your judgment to investigate the Vendors you choose. Except as otherwise expressly mentioned in the Terms or through the services, Dogily does not at any point run background checks on any users. These verifications and checks will vary by type, depth and type.
Throughout the document “Vendors” means “Service Providers”, “Sellers”, “Pet Care Services”
If you happen to believe that your work that is copyrighted has been violated by any kind of content that is posted by Dogily, we request you to provide our copyright agent with a notice written down with all the information given below:
Describe the copyrighted work you believe that has been infringed
You must also provide the description of the URL and other locations in our website where you found your content infringed
Your basic details - Name, Email id, Residence Address, Phone Number
The statement made by you (which you make under penalty of perjury) confirms that the information you give us is accurate and you hereby also confirm that you are the copyright owner or you are authorized to act on behalf of the owner of the copyright.
You will write a statement stating that you as an individual have good faith and the disputed use is not authorized by the owner, or the law or its agent.
You will also be required to write a statement suggesting that the information written in your notice is accurate in its entirety. You hereby also agree that you are the copyright owner, if not the owner then you are authorized to act on behalf of the copyright owner. This means that you will also need to get a signature (electronic or physical) from the copyright owner. This indicates that you are signing on behalf of the copyright owner.
If you have any queries related to the above-mentioned terms, then feel free to get in touch with us via email or the contact information displayed on the “Contact Us” page.
Third-Party Services, Links.
By agreeing to these Terms you acknowledge that you are fully aware that Dogily Pet Services may contain links to various third party resources and websites. Furthermore, you also agree that we are neither responsible for the availability of such websites and/or the products, content and services that may be available on these websites. You acknowledge that the links to websites do not imply that we at Dogily are endorsing these sites or the content they produce and the services they make available. You confirm that you are/will be solely responsible for any risk that may come your way from your use or access to these websites and resources.
YOU AGREE AND CONFIRM TO INDEMNIFY, DEFEND AND HOLD “DOGILY PET SERVICES” HARMLESS FROM AND AGAINST ANY AND ALL THE DEMANDS, CLAIMS LOSSES, CAUSES OF ACTION LIABILITIES AND/OR DAMAGES, THIS MAY/OR WILL INCLUDE THE ATTORNEY FEES, COURT COSTS, THAT ARE RELATED TO YOUR:
Online and offline transactions and interactions, with other users of Dogily Pet Service
Violation and breach of ALL the terms
The disputes you may get involved in with other users of Dogily Pet Services
Any sort of misrepresentations, misstatements, or even violation of the applicable law;
personal injury or even property damage to other third parties that may be caused by the pets in your care or they could even be your pets.
Your Content; or
(7) Use of any sort of Background Check information in violation of the existing law and order.
YOU HEREBY FURTHER AGREE, AT ANY POINT IN TIME, THAT YOU WILL COOPERATE WITH US (DOGILY PET SERVICES) IN THE DEFENSE OF CLAIMS LIKE THESE. DOGILY PET SERVICES ALSO RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER THAT IS SUBJECT TO INDEMNIFICATION THAT IS MENTIONED UNDER THIS SECTION. YOU ALSO CONFIRM THAT YOU WILL NOT SETTLE ANY SUCH MATTER OR CLAIM WITHOUT AN ADVANCED WRITTEN CONSENT BY DOGILY.
Except for the rights that you have access to and use, Dogily Service sets forth and mentioned in these Terms, nothing in these Terms licenses and/or conveys any of our proprietary rights or even the intellectual property rights to anyone, including you. You hereby also agree that the feedback and suggestions you give Dogily (that we collect to enhance and make our services better), is without us obligated to pay you compensation.
Dogily owns and has all the copyrights for its service marks, trademarks, logos (the “Marks”) and brand names. If you are a Vendor, then Dogily will grant you, for as long as you as a Vendor are on good terms with Dogily Pet Services, the permission to use our Trademarks.
Warranty Disclaimer for the Dogily.
All the materials and the information found on Dogily (this includes graphics, text, information, links, and many other items that are provided “as available” and “as is” - advice, opinions, reviews, statements, profiles, offers or any other content and information that is made available via the Dogily website or social media pages, belongs to the respective authors/owners. We at Dogily do not own this.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Dogily DOES NOT:
(1) WARRANT THE COMPLETENESS, ACCURACY AND ADEQUACY OF ALL THE INFORMATION AND MATERIALS ON DOGILY
(2) ENDORSE, ADOPT, ACCEPT/TAKE RESPONSIBILITY FOR THE ACCURACY, CLARITY, RELIABILITY, CREDIBILITY OF ANY OPINION, STATEMENT, ADVICE THAT IS EXPRESSED AND MADE BY ANY OTHER PARTY, EXCEPT OTHER THAN DOGILY.
(3) GUARANTEE THAT ANY SERVICE PROVIDED BY DOGILY WILL BE FREE FROM COMPUTER VIRUSES, SECURE, UNINTERRUPTED, AVAILABLE ALWAYS, WILL MEET THE/YOUR REQUIREMENTS, WILL BE ERROR-FREE, OR THAT ANY DEFECT IN DOGILY SERVICES WILL BE RECTIFIED TO THE EXTENT PERMITTED BY THE LAW.
Limitation of Liability
Exclusion of Certain Types of Damages.
In no event or scenario will Dogily be responsible or held accountable for any sort of incidental, indirect, special and/or consequential damage, expense, a loss that may arise due to/out of the inability to use the Dogily service (this includes the damages related to information acquired from Dogily), this may also include any content or even your profile information being removed from our website and all our platforms (mobile applications, social media pages, and everything else), the termination and/or the suspension of your access to our website (social media platforms) and other applications, or any kind of failure error, interruptions, omission, delay or any defect in the transmission or operation of/during our Dogily service (this includes the times when Dogily may be aware of the fact that there was/may have been a loss, damage or expenses).
No Liability for non-Dogily Actions.
DOGILY WILL NOT BE RESPONSIBLE AND HELD ACCOUNTABLE FOR ANY OF THE DAMAGES (ACCORDING TO SECTION 73 OF THE INDIAN CONTRACT ACT) CAUSED BE IT DIRECT OR INDIRECT, GENERAL, CONSEQUENTIAL, SPECIAL, COMPENSATORY, OR EVEN ARISING DUE TO UNORDERLY CONDUCT OR YOU OR ANYONE RELATING TO YOU IN CONNECTION/ASSOCIATION TO DOGILY, THIS IS NOT/WILL NOT BE LIMITED TO WHAT IS MENTIONED, EMOTIONAL DISTRESS, BODILY INJURY, AND/OR ANY OTHER DAMAGE THAT MAY BE CAUSED FROM BEING RELIANT ON CONTENT AND INFORMATION BEING POSTED ON/OR TRANSMITTED THROUGH THE DOGILY WEBSITE AND SERVICE, OR EVEN THROUGH ANY SORT OF INTERACTION YOU HAVE WITH OTHER USERS OF DOGILY (EITHER ONLINE OR OFFLINE). THIS ALSO INCLUDES ANY SORT OF CLAIMS THAT DAMAGES, LOSSES AS A RESULT OF UNORDERLY CONDUCT OF USERS WHO AIM TO HARM OR DEFRAUD YOU.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DOGILY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Arbitration Agreement; Claims.
Unless you choose to opt-out of this Arbitration Agreement, in accordance with the procedure given below, you and Dogily agree to sort/resolve all/any issue that may arise due to interactions with others on Dogily, which includes the breach and violation of these terms, or any of the terms that have been violated. You hereby agree and confirm that any sort of dispute, between you and Dogily, will be solved/resolved on an individual basis, rather than in a courtroom without the presence of a judge/jury, with the presence of a neutral arbitrary.
YOU AND DOGILY AGREE THAT, UNLESS YOU OPT-OUT OF THE ARBITRATION AGREEMENT, 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 DOGILY 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 DOGILY USERS.
Pre-Arbitration Dispute Resolution.
Here “We” means Dogily.
Before you commence or plan on starting an arbitration, we recommend that you first take this matter to us and explain what your complaint is. We give first preference to customer satisfaction, and hence we will always be ready to solve any complaint we receive. We aim to resolve all issues effectively, efficiently and amicably without the need for arbitration. However, if the issue is not resolved because of any reason that is not mentioned in these terms, you hereby agree that Dogily and you will mutually agree and select an arbitrator and then take the process further.
For the benefit of all the parties involved in the arbitration process, any ruling, award or decision will be kept confidential.
Future Changes to this Arbitration Agreement.
You hereby agree and confirm that if we make any changes to this Arbitration Agreement in the future, that particular change will not be applicable to any of the claims that were filed in any legal suit against Dogily (prior to the date of the change).
Governing Law and Jurisdiction.
All the terms mentioned and any dispute that you and Dogily are involved in is governed by the State of Karnataka. In an event where the Arbitration Agreement does not apply to a particular claim, dispute or even to you, then, in that case, you agree that this will be resolved in the court of law (State or National Court), in the State of Karnataka. You also hereby agree that Dogily and you agree to submit for the purpose of litigating all such claims or disputes, to the personal jurisdiction of the courts located within Bengaluru, Karnataka.
This agreement does not in any way make any party associated with Dogily the joint venturer, the partner, legal representative, an agent, the employer or employee of the other and a contractor.