TERMS & CONDITIONS
These general Terms and Conditions of sale and delivery apply to all proposals made, agreements entered into with, and products delivered and services provided by DawgieBowl owned by Innomalous Technologies Private Limited, incorporated under The Companies Act of 2013.
- DEFINITIONS
- “DawgieBowl” or “Company” shall mean Innomalous Technologies Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at C-4/109, Virat Khand, Gomti Nagar, Lucknow, Uttar Pradesh 226010 and its employees, agents, referral partners, consultants, successors and permitted assigns.
- “Service” or “Product” shall mean the Pet Nutrition Solutions and Pet Food provided by DawgieBowl on their website or other sales & marketing channels. These include the consultation provided by DawgieBowl and; the diet program and pet food provided as part of the consultation.
- “Subscription” is the monthly arrangement for the Service provided by DawgieBowl for a charge.
- “Due Date” is the date on which the invoice and payment for the Subscription is due every month.
- The “Subscriber” or “Customer” means a person who has signed up for DawgieBowl’s service or has expressly or impliedly shown interest in subscribing to DawgieBowl’s service.
- The term “You” or “Your”, shall, wherever the context so requires, refer to the Subscriber and “We” and “Our” wherever the context so requires refers to DawgieBowl.
- GENERAL CONDITIONS
- Subscription shall be issued by DawgieBowl at the request of the Customer. Also, the Subscription may be terminated at the request of the Customer in accordance with the Termination/Withdrawal/Cancellation Policy as defined in these Terms and Conditions or at the discretion of DawgieBowl, if the Customer is unable or unwilling to meet its obligations under the terms of the agreement signed with DawgieBowl.
- The Subscription is not transferable under any circumstances.
- USE OF SERVICE
- The Subscriber shall, prior to availing the Services from DawgieBowl, obtain appropriate advice and shall familiarize himself with the associated risks and all the terms and conditions pertaining to the service.
- The Subscriber shall further verify all facts and statutory provisions and seek appropriate professional advice including the relevant health implications.
- We value your feedback. So if you notice that the quality of service is not up to the standards or comply with the agreement made between you and DawgieBowl at the time of Subscription, please notify us at [email protected] and we will address your concerns appropriately.
- DawgieBowl reserves the absolute right, discretion and liberty to address, resolve or consider the concerns, complaint or feedback offered by the Customer. The resolution offered by DawgieBowl in such situations will be final and binding on both parties.
- DawgieBowl may, at its sole discretion, utilize the services of external service provider/s or agent/s and on such terms as required or necessary, in relation to its Services.
- The Mobile number and/or email address provided by the Subscriber during subscription would be used for sending alert and notifications whenever required.
- We respect your privacy and understand that you may not want to receive such notifications from us. If you do not wish to be notified about these services, you may contact our Customer Care and inform the same. Once you communicate your option to us, we will stop sending you these notifications.
- As a DawgieBowl Subscriber, it is assumed that you have provided us with permission to call or send SMS to you, whether or not you are registered on the National Do Not Call registry.
- DawgieBowl reserves the right to suspend, add, modify or discontinue any or all Services, product promotion, offer at our sole discretion at any time without giving a prior notice. In such an event, the Customer agrees and acknowledges that Company will not incur any liability in this regard, either to the Customer or to any third party.
- SCHEDULE OF CHARGES
- The Subscription is due for payment month-to-month unless duly notified by the Customer in accordance with the Termination/Withdrawal/Cancellation Policy as laid out in these Terms and Conditions.
- DawgieBowl will invoice the Customer 5 days prior to the Due Date and is entitled to collect a payment for the said invoice unless the Customer has notified to terminate his Subscription.
- The Subscriber shall become liable to pay as soon as an invoice has been raised, not later than the Due Date.
- In case of delay of payment beyond the Due Date, the Subscriber is liable to pay a Late Fee of Rs. 2500 or 15% of the invoice amount, whichever is higher.
- Subscription fees are exclusive of taxes. All taxes as applicable will be levied.
- BREACH
- Notwithstanding any other provision of these Terms & Conditions, the Customer will remain liable to pay DawgieBowl, upon demand, for any loss/claim arising out of, directly or indirectly, from such a breach.
- It is clarified that any such above action/s that may be taken, would be without prejudice to any other legal or equitable rights/remedies available to DawgieBowl.
- TERMINATION/WITHDRAWAL/CANCELLATION
- The Subscriber may at any point in time, and not later than 7 days before the Due Date, request for the termination of Services by giving a notice in writing to DawgieBowl.
- In case the Customer fails to notify DawgieBowl of their intent to terminate the Subscription before the said period, DawgieBowl reserves the right to invoice the customer for the following month’s subscription. The customer is liable to make the payment in full for the invoice raised thereof.
- DawgieBowl, at its sole discretion, reserves the right to, either temporarily or permanently, withdraw the Services and/or cancel the Subscription at any time without giving any notice or assigning any reason thereof. In case of a temporary withdrawal, the Services may be reinstated by DawgieBowl at its sole discretion. In case of a permanent withdrawal, DawgieBowl has the right to refuse Services to the Customer permanently. However, it is made distinctly clear that withdrawal (temporary or permanent) shall constitute automatic withdrawal of all benefits, privileges and services attached to the Subscription.
- In the event of such temporary or permanent withdrawal, the Customer is not entitled to or eligible for a partial or full refund or credit adjustment for the period during which the services are withdrawn/cancelled.
- REFUNDS
- Any fees charged by DawgieBowl in respect of the Services, including but not limited to Service charges, shipping and other fees, are non-refundable.
- FORCE MAJEURE
- Customer agrees and confirms that DawgieBowl shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of Company to perform any of its obligations under these Terms if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
- “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, technology failure, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
- EXCLUSION OF LIABILITY
- DawgieBowl shall be under no liability, whatsoever, to the Subscriber, in respect of any loss or damage arising, directly or indirectly, out of:
- Failure of Product/Service to perform as desired or promised;
- Negligent use of Product/Service;
- Misuse of Product/Service;
- Malfunctioning of Product/Service.
- The Subscriber accepts and acknowledges that DawgieBowl is absolved of any liability to any person, in respect of anything done or omitted to be done by the Subscriber in any manner what so ever, with regards to the Services provided by DawgieBowl.
- INDEMNIFICATION
- The Subscribers shall indemnify and hold harmless Innomalous Technologies Pvt Ltd, its owners, officers, directors, employees and agents, from any claim or demand, or actions including but not limited to reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any laws, rules, regulations or the rights of a third party.
- You hereby expressly release the Company and/or its affiliates and/or any of its owners, officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- GOVERNING LAW & JURISDICTION
- The Subscriber agrees and confirms that all claims, matters and disputes are subject to the jurisdiction of the competent courts in Lucknow and irrevocably submit themselves to the jurisdiction of that court or tribunal. These Terms shall be governed by the laws of the Republic of India. DawgieBowl may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms in any other court, tribunal or other appropriate forum, and the Subscriber hereby consents to that jurisdiction. Any provision of the Terms that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.
- The Subscriber hereby agrees to abide by the Terms on signing of Application Form and the Subscriber shall be deemed to have unconditionally agreed to and accepted the Terms by executing a transaction with DawgieBowl or acknowledging receipt of such transactions in writing or by signing up on our website.
- PARTIAL VALIDITY
- If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected by such determination, shall be binding upon the parties and shall be fully enforceable.
- NO WAIVER
- No failure on the part of DawgieBowl hereto to exercise, and no delay on their part in exercising, any right or remedy under this Agreement will operate as a waiver thereof nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy, and the same shall not affect in any manner the effectiveness of any of the provisions of this agreement.
- PRIVACY POLICY
- At DawgieBowl we are committed to protecting the privacy of our customers, and therefore do not sell or rent our customers’ Personal Information to any third party. Further, we do not share your Personal Information with any third parties for their direct marketing purposes without first providing you the opportunity to opt-in or opt-out of such sharing. You may request information about how we share information consistent with this Privacy Policy by contacting us at: [email protected].
- This Privacy Policy does not apply to information that you may provide to us, or that we may obtain through means other than the website, such as by phone or postal mail, but please note that Personal Information obtained through such means will be treated in accordance with the first paragraph above and our use of such Personal Information will be consistent with this Privacy Policy. By accessing and using the website you are agreeing to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you are not authorized to use the website. Furthermore, by providing us with Personal Information on the website, you fully understand and unambiguously consent to the collection and processing of such information in accordance with this Privacy Policy.
- As we update and diversify our products and services, this Privacy Policy may change. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. Please check this page for updates periodically. If we make any material changes to this Privacy Policy, we will notify you here. Unless the law otherwise requires, we do not provide notice of changes to this Privacy Policy and your use of the website following any posted changes will indicate your acceptance of such changes.
- CONFIDENTIALITY & DISCLOSURES
- This website may include links to third party websites and services that are not owned or controlled by DawgieBowl. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DawgieBowl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
- Certain information concerning the Customer may be shared with third parties including but not limited to employees, and agents such as delivery vendors, veterinarians, auditors and/or other professional advisors.
- Details are further shared if legally required to do so to the appropriate authorities.
- CHANGE IN TERMS & CONDITIONS
- DawgieBowl reserves the right to change, at any time, these Terms & Conditions, features and benefits offered with our Services including, without limitation to, changes which affect existing Subscriptions and Customers.
- The Subscriber shall be liable for all charges incurred and all other obligations under these revised Terms. DawgieBowl may communicate the amended Terms and Conditions by hosting the same on its website, www.dawgiebowl.com or any other website or in any other manner as decided by the Company.
- The Subscriber shall be responsible for regularly reviewing these Terms and Conditions including amendments there to and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the Services.
ACCESSING, BROWSING DAWGIEBOWL.COM OR TRANSACTING WITH DAWGIEBOWL FOR THEIR SERVICES BY MEANS OF ONLINE TRANSACTION, CASH, CHEQUE OR ANY OTHER FINANCIAL INSTRUMENT ON OR OFF THE WEBSITE OR OTHERWISE USING THE WEBSITE INDICATES CUSTOMER’S UNCONDITIONAL ACCEPTANCE TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions, The Customer also accept and agree to be bound by Company Policies (including but not limited to Privacy Policy, Cancellation & Refund Policy, etc.) as amended from time to time.
In the event of any breach of these Terms & Conditions by the Customer: