Terms and Conditions
Thank you for visiting our website and/or mobile application ‘https://zooppets.in/’ (“Platform”). The Platform is owned by Negoteq Private Limited and operated under the name ‘Zoop’, a company incorporated under Companies Act, 2022. Our registered office is at 2/542 BIRAMANAR STREET, R K PET VILLAGE AND POST, THIRUVALLUR, Thiruvallur, Tamil Nadu, India 631303 (‘Negoteq’, ‘we’, ‘our’, or ‘us’ which expression shall, unless it be repugnant to the context or meaning thereof, include our successors and assigns. The expression ‘you’, ‘your’, or ‘user’ shall unless it be repugnant to the context or meaning thereof shall mean and include any visitor to the Platform). Terms are intended to create a binding contract between you and Negoteq.
Your access or use of this Platform, any transactions undertaken, and any services availed through the Platform are governed by the terms of use provided herein (“Terms”). Alongside, our privacy policy forms an integral part of the Terms. Capitalized terms used but not defined in these Terms have the meanings given to them in the Privacy Policy.
You are required to express your consent to these Terms before you access or use the Platform, directly or indirectly through any social media platforms like Facebook, Instagram, Twitter, and other similar social forums (“Social Media”).
We reserve the right to amend the Terms herein, in whole or in part, from time to time without providing any advance notice to you upon undertaking such amendment. Your continued use of the Platform, post any update to the Terms would mean your acceptance. If you do not agree to such amendments, you must contact us at info@zooppets.in or info@negoteq.com. The amended Terms shall be made available on the Platform promptly, and hence, you are required to review the Terms periodically to keep yourself aware and up to date.
PLEASE READ THE TERMS OF USE AND REFERRED POLICIES CAREFULLY BEFORE YOU CONTINUE USING THE PLATFORM IN ANY MANNER. YOUR CONSENT IS REQUIRED TO THESE TERMS OF USE, WHICH UPON CONSENT WILL BE A BINDING CONTRACT BETWEEN YOU AND NEGOTEQ. IF YOU DO NOT WISH TO CONSENT, YOU ARE ADVISED NOT TO USE THE PLATFORM. IF YOU DO NOT CONSENT BUT CONTINUE TO USE THE PLATFORM, AN IMPLIED CONSENT SHALL BE INFERRED FROM YOUR ACTION OF USING THE PLATFORM.
1. Eligibility of Users
In order to access, use, browse, view, or perform any activities on the Platform, you must be above 18 years of age and competent to contract in terms of the Indian Contract Act, 1872. By accessing, using, browsing, or performing any other activity on the Platform, you hereby agree and represent that you are of legal age and competent to enter into a contract under the Indian Contract Act, 1872 or you have the permission of your parent and/or guardian to do so.
2. How to use?
2.1. For using the Platform, you will be required to submit certain information as required. You must ensure that the Information (as you may voluntarily provide), OTP, or any other secret code required for your access on this Platform is at all times kept confidential and not disclosed to any third party without your free consent. Multiple users cannot function on the Platform by having the same set of Information (as you may voluntarily provide), OTP, or any other secret code as Negoteq restricts the same.
2.2 You are responsible for all activities that occur through your account and the consequences thereof. If there is a reason to believe that there is likely to be a breach of security or misuse of your account or breach of your privacy, we have the right to suspend it without any liability for such duration as we deem fit.
2.3 You undertake that the set of Information (as you may voluntarily provide), OTP, or any other secret code shall be used by you or anyone who is authorized by you such as your primary caretaker. Where someone else logs in using the same set of Information (as you may voluntarily provide), OTP, or any other secret code, we will deem such person is authorized by you to access your profile, process your personal information, and is of legally competent age.
2.4 You undertake that you will provide accurate and complete information for registration, maintain and promptly update your information, maintain security of your account, and promptly write to us if you anticipate or become aware of a security breach.
3. Accessing through Social Media?
3.1 You may access the Platform and avail some Services using Social Media accounts, in which case these Terms along with terms of use and privacy policy of respective Social Media shall also be applicable to you. Further, we shall not be responsible for any kind of transmission, publication of any of your Information on any such Social Media.
4. Services
4.1 Platform enables you to avail certain services as provided by Zoop application:
4.1.1 provide an intermediary platform for interaction and commercial transactions related to Services between you, Negoteq, and Service Providers;
4.1.2 online purchase of Services offered by Zoop application;
4.1.3 facilitating advertisements and promotion of Services by Negoteq.
4.2 You understand and agree that Negoteq is merely providing and hosting intermediary services between you and the Service Providers and certain employees of Negoteq may be engaged in providing the Services (on the sole discretion of Negoteq). Except as otherwise provided in these terms, we have no control over the accuracy, sufficiency, fitness, professionalism, competency, and quality of Services provided by the Service Providers, which at all times be the sole responsibility of the Service Provider. While Negoteq conducts background checks, verification, and interviews of the Service Provider, Service Provider is solely responsible for obtaining necessary permits, providing correct information about themselves and Services offered on the Platform, maintaining resources and infrastructure required, comply with applicable laws, and perform the offered Services upon conclusion of a transaction. You agree that we shall have no liability on this count.
4.3 We solely act as an aggregator or intermediary when you avail Services from the Service Provider, and therefore, you agree that a separate contractual relationship is created between you and the Service Provider. Such contract by conduct does not supersede the Terms contained herein as the same is enabled through the Platform and will apply to you as well as the Service Provider. We do not make any representation or warranty, express or implied for the Services provided by the Service Provider and are not responsible for non-performance or deficient performance of their Services.
4.4 Listing of the Services on the Platform is an invitation to an offer for sale. When you choose to avail a Service, it constitutes an offer from your end to enter into a contract with Negoteq and the Service Provider you will be engaged with. Thereafter, the Service Provider must accept your offer for the transaction to proceed further. For this acceptance, the Service Provider will abide by its own internal processes, the agreement that they shall in an individual capacity enter with Negoteq, and other applicable laws. Until such time, there is no contract between you and the Service Provider. Reference to “offer for sale” or “offer and sale” in these Terms will only mean “invitation to an offer”.
5. Why do we collect and process some information?
5.1 When you avail the Services
on the Platform, you are required to provide information, which may be personal in nature (“Information”) and is necessary to execute transactions. We collect such Information to ensure a safe, smooth, efficient, and customized experience, verify your identity, and deliver the Services to you. We may also collect certain information which is not personal in nature and can be aggregated to analyze the usage of our Platform and Services by the users for improving and providing better Services.
5.2 By providing Information on the Platform or through any Social Media, you consent to collection, storage, and use of the Information by Negoteq and you acknowledge and agree that you will not hold Negoteq liable for any consequences arising out of such collection, storage, or use of your Information.
5.3 You hereby acknowledge, consent, and agree that Negoteq may disclose or transfer any of your Information to service providers engaged by Negoteq or any other third party engaged by Negoteq for any of the purposes mentioned in the Privacy Policy or for any purpose connected with marketing and providing better Services.
6. Privacy Policy
Please refer to our Privacy Policy at https://zooppets.in/privacy-policy to understand how the Platform collects, uses, and discloses your Information.
7. Fees and Payments
7.1 You agree to pay the fees, charges, or amounts as may be displayed on the Platform for availing Services.
7.2 All payments must be made using the payment methods available on the Platform. Negoteq reserves the right to change, amend, or alter the payment methods available on the Platform from time to time at its sole discretion.
7.3 You authorize Negoteq and its affiliates, payment gateways, and third-party payment processors to charge or deduct from your chosen payment method for any and all fees, charges, or amounts payable.
7.4 All payments made by you are subject to the applicable taxes and levies including Goods and Services Tax (GST), if any.
7.5 You agree to provide accurate, complete, and correct payment information and further authorize Negoteq to share such information with third parties for the purposes of verification and processing payments.
7.6 If you believe that any payment has been made in error or there is an unauthorized transaction, you must immediately contact us at connect@zoopetcares.com to resolve the issue.
7.7 All payments once made are non-refundable except as provided under these Terms or as mandated by law.
8. Your Content
8.1 You understand that you are solely responsible for any information, text, links, images, or any other content that you upload, submit, post, or make available on the Platform (“Your Content”).
8.2 You hereby grant Negoteq a perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to use, store, reproduce, modify, adapt, publish, translate, create derivative works, distribute, publicly perform, and display Your Content (in whole or in part) and incorporate Your Content into other works in any format or medium now known or later developed.
8.3 You represent and warrant that you have all necessary rights, licenses, consents, and permissions to Your Content and that Your Content does not infringe, violate, or misappropriate any third-party rights or applicable laws.
9. Intellectual Property Rights
9.1 Negoteq and its licensors own all rights, title, and interest in and to the Platform, including all intellectual property rights therein, and nothing in these Terms shall be construed to transfer any such rights to you.
9.2 You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for your personal and non-commercial use in accordance with these Terms.
9.3 You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform.
10. Disclaimers
10.1 You expressly understand and agree that your use of the Platform and Services is at your sole risk. The Platform and Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
10.2 Negoteq does not warrant that the Platform will operate error-free or that the Platform, its servers, or the content are free of computer viruses or similar contamination or destructive features.
10.3 Negoteq shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use of the Platform or Services.
11. Indemnity
You agree to indemnify, defend, and hold harmless Negoteq, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms or your use of the Platform or Services.
12. Governing Law and Dispute Resolution
12.1 These Terms shall be governed by and construed in accordance with the laws of India.
12.2 Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in Bengaluru, India, before a sole arbitrator appointed by Negoteq. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat and venue of arbitration shall be Bengaluru, India, and the language of the arbitration shall be English.
13. Miscellaneous
13.1 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.
13.2 These Terms constitute the entire agreement between Negoteq and you concerning the subject matter hereof and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.
13.3 The failure of Negoteq to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
