Legal

Terms of Service

Please read these terms carefully before using our services.

Effective as of the date you first access or use the Services.

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

Please read these TOS including the terms of disclaimers of warranty, limitation of liability, and Pukaar's respective rights. 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 these TOS.

Pukaar reserves the right to modify these TOS at any time by posting the updated version on its Website. Your continued use of the Services constitutes acceptance of the modified terms.

01 Eligibility

By accessing and using the Services, you represent and warrant that:

  • You are eligible to form legally binding contracts under applicable laws;
  • Your access and usage is not in violation of any applicable law; and
  • You are not subject to any contractual arrangement, judgment or order inconsistent with these TOS.

Pukaar reserves the right to revoke your access if any fact contrary to the above comes to Pukaar's notice.

By using the Service, you warrant that you are above the age of eighteen (18). If you are under the age of eighteen (18), Pukaar believes you have received consent from your parent or guardian, or are doing so under their guidance and supervision.

Pukaar urges parents or guardians of minors to be aware that the Services are designed to appeal to a broader audience. 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.

02 Access, User Registration & Account

While you may visit the website and utilise certain functionalities without registration, certain features may be available only upon creation of a password-protected account. You shall be required to create an account to gain access to such functionalities.

You may create an account by providing the stated personally identifiable information. One End User can have only one Account with a unique phone number or other information as applicable. If Pukaar has suspicion that any End User has created multiple Accounts (including through false or misleading data, disposable email addresses or phone numbers), Pukaar may suspend or terminate such Account at its sole and absolute discretion.

You take full responsibility for the legality, accuracy and validity of the information you provide during registration. You will be responsible for updating any changes in your registration information. You should not post any information in the name of others or use a registered Account maliciously.

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 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.

03 Grant of License

For the limited purpose of access and usage of the Services, you are granted a personal, non-exclusive, revocable, and non-transferable license. Mere access to or usage of the Services does not confer upon you any proprietary rights.

The Service is owned by Pukaar or other concerned third parties and licensors, and includes without limitation:

  • Trademarks, service marks, product marks, symbols, logos, domain names, and all derivatives thereof;
  • All data and works on the Services and associated copyrights including authors' rights and moral rights;
  • Documentation, algorithms, data, machine code, source code, and programs; and
  • All proprietary rights relating to any data or information on the Services.

You agree not to directly or indirectly:

  • Copy, modify, publish, transmit, perform or display any part of the Service, except for information in the public domain or for which you have been given permission;
  • Scrape or attempt to extract any data, including information provided by third parties or other Users;
  • Use the Services for any monitoring, benchmarking, throttling, or other purposes that may impair its performance;
  • Access or attempt to access the Services by any means other than through the interface provided by Pukaar;
  • Use any data associated with the Service for any commercial purpose; or
  • Decompile, reverse-compile, disassemble or attempt to access any constituent element of the Services.

04 Privacy Policy

Pukaar provides a comprehensive Privacy Policy to help you understand how Pukaar collects, uses, stores and discloses 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 full functionality of the Services.

05 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 Pukaar.

You shall not:

  • Use the Service for any purpose other than to access it as intended;
  • Distribute, sub-license, sell, assign, rent, lease or otherwise transfer the Services;
  • Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services;
  • Modify, adapt, alter, improve or create any derivative works of the Services;
  • Interfere with or damage the operation of the Services or any User's enjoyment of them, including by uploading or disseminating malicious code; or
  • Remove, alter or obscure any copyright, trademark or other proprietary rights notice in the Services.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology to access, acquire, copy or monitor any portion of the Services.

06 User Content

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

  • Belongs to another person and to which you do not have any right;
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable;
  • Harms minors in any way;
  • Infringes any intellectual property rights of any party;
  • Violates any applicable laws in force;
  • Impersonates another person;
  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; or
  • Contains software viruses or any other code designed to interrupt, destroy or limit the functionality of any computer resource.

Pukaar reserves the right to edit or refuse any content that violates these TOS or which it finds objectionable in its sole and absolute discretion, and to take proper legal action including removing illegal or infringing content and reporting to relevant authorities.

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 arising out of your Account Data or use of the Services.

You further agree to grant Pukaar a perpetual, irrevocable, royalty-free, transferable and fully paid worldwide license in respect of Account Data for reproducing, distributing and utilising such data for any non-commercial purposes.

07 Intellectual Property Rights

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

08 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. Pukaar will endeavour to notify you of any changes by posting notice of such changes. Your continued use of the Service after any such changes constitutes your binding acceptance of those changes.

09 Disclaimer

PUKAAR DISCLAIMS 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 BE ERROR FREE OR FREE OF BUGS, UNINTERRUPTED 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. 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.

10 Indemnity & 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.

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

11 Termination

These TOS become valid and stay valid during your access and usage of Services, until terminated according to these TOS. These TOS become effective the first time you use the Services.

Pukaar may terminate these TOS at any time for any reason without notice, and rescind your access to your Account and the Services. Once 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.

12 Governing Law & 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 by the courts of New Delhi, which shall have exclusive jurisdiction.

13 Miscellaneous

Electronic Communications

When you use the Services or send e-mails to Pukaar, you are communicating electronically and consent to receive communications from Pukaar electronically. You agree that all notices, policy updates and disclosures provided electronically satisfy any legal requirements that such communications be in writing.

Interpretation

The title of each paragraph is written only for the convenience of reading and does not have any legal or contractual obligations.

Assignment

Without written consent from Pukaar, you cannot transfer the rights and obligations stated in these TOS. Any activity which violates this provision is invalid.

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.

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 will be effective only if in writing and signed by Pukaar.

Entire Agreement

These TOS (including the Privacy Policy) and any amendments thereto represent the entire and complete agreement between the Parties regarding the Services and supersede any and all other agreements, whether written or oral.