Terms of Service

TERMS OF SERVICE

These Terms of Service (hereinafter referred to as TOS) is entered into between all the all individuals or entities (hereinafter “you”, “your”, “End Users”) and PUKAAR Animal Seva Helpline, (hereinafter referred to as PUKAAR”) containing important Terms and Conditions governing your use of the Services which are non-profit in nature and facilitate the treatment of the animals which are injured, or found to be incapacitated by way of any medical condition (hereinafter referred to as Service).

Please read these TOS including the terms of disclaimers of warranty, limitation of liability, and Pukaar’s respective rights. Pukaar may suspend or stop providing its Service to you or take other measures as specified here if you do not comply with the terms of these TOS. By your registration, login, usage of the Services or other actions, you acknowledge that you have read and understood, and agree to accept and be bound by the terms and conditions of these TOS. By accepting these TOS, you agree to accept all constraints, including accepting that Pukaar reserves the right to modify the terms of these TOS at any time. Pukaar shall post the updated version of these TOS in its Website and you can log in on Website at any time to check the latest Terms of Service. If you are not agreeable to, or cannot accept any Service that Pukaar changes, you should stop using the Services. Pukaar encourages you to periodically review this page for any change. By your continued use of Services, you agree to accept and will be bound by the modified terms of these TOS.

ELIGIBILITY
By your access and usage of the Services, you represent and warrant that (i) you are eligible to form legally binding contracts under the applicable laws, (ii) your access and usage of the Services is not in violation of any applicable law, and (iii) you are not subject to any contractual arrangement, judgment or order by a judicial or quasi-judicial authority that is inconsistent with the terms and conditions of these TOS.
Pukaar reserves the right to revoke your access to the Services, and refuse to provide you with access to the same if any fact contrary to the above comes to Pukaar’s  notice or is brought to Pukaar attention.
By using the Service, you warrant that you are above the age of eighteen (18). If you are under the age of eighteen (18), and you wish to use download, install, access or use the Service, Pukaar believe that you have received consent from your parent or guardian before doing so or are doing so under their guidance and supervision.
User security is of prime importance to Pukaar – which is why Pukaar urges in addition, that parents or guardians of any minors be aware that the Services are designed to appeal to a broader audience. If you are a parent of a User who is a minor, Pukaar urge you that it is your responsibility to determine whether any portion of the Service is inappropriate for your child. If the law in your country requires that you must be older or younger in order for Pukaar to lawfully provide the Services to you without parental consent (including using of your personal data) then your minimum age is to be determined accordingly.

ACCESS, USER REGISTRATION, AND ACCOUNT

While you may visit the website and utilise certain functionalities and Services without registration, certain functionalities of the Services may be made available only upon the creation of a password-protected account on the website. Accordingly, you shall be required to create an account on the platform to gain access to such functionalities and for obtaining the Services. 

You may create an account by providing the stated personally identifiable information and upon the provision of such information, and at the sole discretion of the Pukaar, you will be provided access to a user-unique password-protected account (“Account”). One End User can have only one Account with a unique phone number or other information as applicable. If Pukaar has any suspicion or knowledge that any End User has created multiple Accounts with (including through provision of false or providing misleading data for creating those Accounts or using disposable email addresses or disposable phone numbers), then Pukaar may suspend or terminate such Account at its sole and absolute discretion.

For the sake of authenticity, you take full responsibility for the legality, accuracy and validity of the information you provide to use for and during registration. You will be responsible for updating any changes in your registration information to keep it up to date. You should not post any information in the name of others; you should not use registered Account maliciously; otherwise, Pukaar reserve the right to suspend the Services and you shall fully bear all legal liability. Pukaar do not accept any responsibility or liability for any claims or loss arising from your actions.

You shall use the Services in accordance with all applicable laws and take all responsibility for activities under your registered Account. You agree that any access or usage of the Services or any functionality associated with the Services in addition to any data shared on the platform which is traceable and referable to your Account will be deemed to be have validly originated from you. You agree to be bound by any access and utilization of the Services without limitation irrespective of whether such access or utilization was authorized or done with your knowledge. You should estimate the risks of the Service on your own including the risk that lies on the correctness, integrity or practicability of the Service. Pukaar will not take any responsibility for any loss or damage that is resultant from your activity.

You must immediately notify Pukaar if you find or happen to be aware of any illegal or unauthorized activities in relation to your Account. Pukaar will not be liable for damages or losses arising from a User’s non-compliance with any of the provision(s) above; Pukaar may change, suspend, restrict, terminate or revoke the rights to access its Services at any time without notice or liability for damages, expenses, losses or claims in such regard.

You consent to receive text messages, electronic mails, and calls from Pukaar or its affiliates to the e-mail ID or phone number registered to your Account or any other number that Pukaar may reasonably ascertain to be yours via skip trace, caller ID capture and other such means. 

GRANT OF LICENSE.

• For the limited purpose of access and usage of the services, you are granted with a personal, non-exclusive, revocable, and non-transferable license. You understand that mere access to or usage of the services does not confer upon you any proprietary rights to the services.

1. You further understand that the Service is owned by Pukaar or other concerned third parties and licensors. Without limiting the generality of the foregoing, Service will be deemed to include:

1. trademarks, service marks, product marks, symbols, logos, page headers, button icons, scripts, representative material, domain names, and all translations, variations, derivative material and combinations of any of the same
2. all data, and works on the Services and associated copyrights including authors’ rights, moral rights
3. Documentation, algorithms, data, machine code, source code, and programs in Service; and
4. All manner of proprietary rights relating to any data or information on the Services irrespective of whether such proprietary right is protected or whether it is capable of registration.

• You agree not to directly or indirectly undertake any of the following in relation to the Service:

• copy, modify, publish, transmit, perform, display any part of Service, except for that information which is in the public domain or for which you have been given permission;

• scrape or attempt to scrape or extract any data, including information provided by third parties or other Users of the services ;

• use the Services for any monitoring, benchmarking or throttling or any other purposes that may impair the performance or functionality of the Services;

• access or attempt to access the Services by any means other than through the interface provided by Pukaar;

• use of any data associated with the Service for any commercial purpose.

• decompile, reverse-compile, disassemble or attempt to access, construct, inspect or discover any constituent element of the Services.

PRIVACY POLICY

Pukaar provides a comprehensive Privacy Policy available at Privacy Policy to help you understand how Pukaar collect, use, store and disclose information, including what you may provide to Pukaar or that Pukaar obtains from your usage of the Services.

You may choose the extent to which you share some of your personal information. If you choose not to provide some personal information, you may not be able to avail the benefit of full functionality of the Services.

PERMITTED USE

The Services in whole or in part, shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of the Pukaar. You shall not:

1. Use the Service for any purposes other than to access
2. distribute, sub-license, sell, assign, rent out, lease or otherwise transfer or make available the Services ;
3. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
4. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or features that enforce limitations on the use of the Services;
5. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the services or any part thereof;
6. modify, adapt, alter, improve or create any derivative works of the Services;
7. Interfere with or damage operation of the Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, trojan horses, worms, time bombs, cancelbots, easter eggs or other malicious code.
8. remove, alter or obscure any copyright, trademark or other proprietary rights notice in the Services.
9. 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 Services.

USER CONTENT

You agree not to submit, transmit, or otherwise make available in any manner, any content:

• belongs to another person and to which you do not have any right to;

• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

• harms minors in any way;

• infringes any proprietary right in any Content or infringes the intellectual property rights of any party;

• violates any applicable laws for the time being in force;

• impersonate another person

• 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 any other nation.

• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

You understand and acknowledge that although the PUKAAR does not regularly review User submitted or generated content, however, it reserves the right to edit such content in any way and to refuse to accept content that violates these TOS or which it finds objectionable in its sole and absolute discretion. Pukaar have the right to suspend, at its sole discretion or determination, any content that violates the laws and regulations in any jurisdiction or the terms of these TOS; that infringes, prejudices, threatens any right or safety; or that impersonates others. Pukaar also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the violators and saving relative information and reporting to relevant authorities based on the applicable laws and regulations;

To the extent authorized by law you agree to defend, indemnify, and hold Pukaar, its employees, officers, directors, affiliates, and agents harmless from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorney’s fees, arising out of or relating to your Account Data or your use of any of the Services.

You further agree to grant Pukaar a perpetual, irrevocable, royalty-free, transferable and fully paid worldwide license in respect of the Account Data for the purpose of reproducing, distributing and utilising in any manner the Account Data for any non-commercial purposes without limitation.

Intellectual Property Rights

These services are licensed, not sold, to you. Pukaar own all right, title and interest in and to the Services, including all copyright, patent and other intellectual property or other proprietary rights in the Services. No title to or ownership of the Services or any associated intellectual property or proprietary rights are transferred to you by these TOS and all rights not granted hereunder to You are expressly reserved by PUKAAR.

• MODIFICATION

Pukaar reserves the right to make changes to its services policies, and these TOS at any time and in its sole discretion.
You are responsible for periodically checking for changes and/or updates to these TOS. Without derogating from the foregoing, Pukaar will endeavor to notify you of any changes by posting notice of such changes. Your continued use of the Service after Pukaar make any such changes constitutes your binding acceptance of those changes.

DISCLAIMER

PUKAAR DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICES WITHOUT LIMITATION IMPLIED WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS OTHERWISE AT YOUR SOLE RISK. PUKAAR DOES NOT GUARANTEE THAT THE SERVICES WILL ERROR FREE OR FREE OF BUGS, UNINTERUPTED OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICES, SEARCH OR LINK ON IT. PUKAAR SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE”BASIS. PUKAAR WILL NOT BEAR ANY LEGAL LIABILITY UNDER CIRCUMSTANCES FOR ANY DEATH OR INJURY TO THE ANIMAL OR ANY TREATMENT PROVIDED BY THE DOCTORS WITH RESPECT TO THE ANIMALS. 

1. INDEMNITY AND LIMITATION OF LIABILITY.

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS PUKAAR, ITS AFFILIATES, ITS DIRECTORS, OFFICERS, SHAREHOLDERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, FROM AND AGAINST ANY LOSSES, CLAIMS, PROCEEDINGS, SUITS, DAMAGES, JUDGMENT, ACTIONS, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES ARISING OUT OF (A) YOUR USE OF THE SERVICES; OR (B) YOUR BREACH OR VIOLATION OF ANY TERMS OF THESE TOS (C) VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF A THIRD PARTY, OR (D) ANY FRAUDULENT ACT ON YOUR PART. PUKAAR RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

IN NO EVENT WILL PUKAAR BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES. 

TERMINATION.

These TOS becomes valid and stays valid during your access and usage of Services, until the termination according to these TOS. In spite of the preceding provisions, these TOS becomes effective the first time you use the Services, if that happens before you accept this TOS.

Pukaar may reserve your right to access its Services or your Account; Pukaar may terminate these TOS at any time for any reason without notice, and rescind your access to your Account and the Services.

Once these TOS are terminated, your Account and your right to use the Services will also stand terminated with immediate effect and You must immediately cease to use the Services.

GOVERNING LAW AND JURISDICTION

These TOS shall be governed by and construed in accordance with the laws of India without regard to the provisions of conflicts of law. Any dispute or claim arising out of or relating to these TOS or any breach thereof shall be solely settled courts of New Delhi which shall have exclusive jurisdiction.

MISCELLANEOUS.

1. Electronic communications: When you use the services or send e-mails to Pukaar, you are communicating with Pukaar electronically. Pukaar therefore, take this as your consent to receive communications from it electronically. By doing so, you agree that all TOSs, notices, policy updates, disclosures and other communications that Pukaar provide to you electronically satisfy any and all legal requirements that such communications be in writing.
2. Interpretation: The title of each paragraph is written only for the convenience of reading and does not have any legal or contractual obligations.
3. Assignment: Without written consent from Pukaar, you cannot transfer the rights and obligations stated in these TOS. Any activity which violates the provision about such a transfer attempt is invalid.
4. Severability- If any provision of these TOS is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of these TOS will remain in full force and effect.
5. No waiver- The failure of either Party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.  Any waiver of any provision of these TOS will be effective only if in writing and signed by Pukaar
6. Entire Agreement- These TOS (including the Privacy Policy) and any amendments thereto, represent the entire and complete TOS between the Parties regarding the services and subject matter hereof and supersedes any and all other agreements between the Parties, whether written or oral, regarding the subject matter hereof.