Waggle.in. (hereafter referred to as "Waggle", "Waggle.in", "We", "Us", or "Our") provides an online platform that connects dog owners with dog lovers who wish to host dogs in their home and/or offer other dog related services (collectively, the "Services"). These services are offered at Waggle.in (the "Website"). By using the Website you agree to comply with and be legally bound by the terms and conditions set out herein, whether or not you become a registered user of the Services.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You are contracting with Improvi Technologies Private Limited, a private limited company incorporated under Companies Act, 1956 having its registered office located at #2052, Sobha Dahlia, Bellandur, Bangalore, Karnataka - 560 103.
For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become is using this Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the systems of the Website and accepted this electronic version / electronic record of the User Agreement.
As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your acceptance. Acceptance shall mean your affirmative action in clicking on the 'Sign up' button as provided on the registration page or clicking on 'Pay Now' button while transacting as Guest User or such other actions that implies your acceptance. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "Sign up" button or "Pay Now" button and do not seek to obtain access to or otherwise use the Website.
Amendments: We may amend this User Agreement and/or our other rules and policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You on the Website itself (hereinafter referred to as an "Update").
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by our Rules and Policies as provided from time to time in the following hyperlinks:
ii) Hosting Guidelines
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register as a member of the Website and shall not host, offer to host, purchase or in any other manner utilise the services available on and through the Website.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
Guest User: If you are transacting as a Guest User, you shall not be allowed to list/sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you.
Your Account and Registration Obligations
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your Account details, User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be.
You agree, inter alia, to:
- Provide true, accurate, current and complete information about yourself as prompted by the Website's registration form or provided by You as Guest User (such information being the "Registration Data");
- You must not include any of your personal contact details such as email addresses etc. in the public information available from your user profile;
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, We have the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
When You use the Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required.
Fees and Services
Membership on the Website is free. However, before you list yourself as a host through the Website, we request you to review our Fees and Credit Policy, which is hereby incorporated by reference into this agreement.
We reserve the right to change its Fee and Credit policies from time to time. In particular, We may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event We reserve the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Improvi Technologies Private Limited within such time as specified in the invoice.
Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Non-payment: We reserve the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Improvi Technologies Private Limited or to a duly registered host who has undertaken and completed his hosting obligations. We also reserve the right to take legal action in case of non-payment of fees by you to Improvi Technologies Private Limited.
Cancellation of a confirmed hosting within one day of the hosting start date will be charged a penalty of one day's hosting fees. Cancellation charges are applicable to both hosts and customers.
- If cancelled before two days of the hosting start date by the customer, the customer's charges will be reverted back to the customer via online transfer after deduction of Rs. 100/-.
- If cancelled before one day of the hosting start date by the customer, one day's charges will be deducted and the remaining amount refunded via online bank transfer.
- If cancelled within one day of the hosting start date by the customer, two day's charges will be deducted and the remaining amount refunded via online bank transfer.
Use of the Website
You understand and agree that the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated content. We neither originate nor initiate the transmission nor select the sender and receiver of the transmission nor select nor modify the information contained in the transmission. We have no control over the third party user generated contents.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
- "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
i) belongs to another person and to which You does not have any right to;
ii) 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
iii) harm minors in any way;
iv) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
v) violates any law for the time being in force;
vi) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) impersonate another person;
viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or 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.
x) shall not be false, inaccurate or misleading;
xi) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- Solely to enable Us to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
- You represent and confirm that you shall be the sole and exclusive legal owner of all animals, items, goods or products of any description that you wish to offer for hosting or as a host on the Website. You shall have absolute right, title and authority to deal in such items, including your pets and your hosting location.
- In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Us of the same.
- From time to time, you shall be responsible for providing information relating to the services proposed to be provided by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the specifics of such services so as to mislead other Users or Us in any manner.
- You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Us.
Platform for Communication
The Website is only a venue where Users may meet and interact with one another for their transactions. We are not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, other costs, discounts, payment methods, payment terms, date, period and mode of delivery, warranties related to the services and post-hosting services, if any. We do not have any control or determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between the Users.
We are not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). We cannot and do not guarantee that the concerned Users will perform any transaction concluded on the Website. We shall not and are not required to mediate or resolve any dispute or disagreement between Users.
We do not make any representation or Warranty as to the services (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website.
We are only providing a platform for communication and it is agreed that the contract for any of the products or services shall be a strictly bipartite contract between the Host and the Owner. We are not responsible for unsatisfactory or delayed performance of services, injury or damages or delays as a result of the Host or the pets of the Owners.
We are not responsible for unsatisfactory or delayed performance of services or damages or delays. All items are offers to host are made by sellers are only for a restricted time and only for the available period as offered by sellers. You shall independently agree upon the manner and terms and conditions of delivery, pick-up, payment, insurance (if any) etc. with the other Users that you transact with.
Indemnification: You expressly release and indemnify Us and/or any of our officers, directors, agents, consultants and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, We cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Without limiting other remedies, We may limit your activity, immediately remove your information or offers, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
- If We are unable to verify or authenticate any information you provide; or
- If it is believed that your actions may cause legal liability for you, other Users or Us.
We may at any time at Our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Us or use the Website in any manner whatsoever until such time that such User is reinstated by Us. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, We reserve the right to recover any amounts due and owing by you to Us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Host and Customer Representations, Acknowledgments and Obligations
By agreeing to serve as a host and board dogs or provide other dog-related services ("Host") to a Customer (defined hereinafter), you expressly assume the risk of any damages, including property damages or personal injury, which you or anyone else present in your residence may suffer. It is the sole responsibility of Hosts to make decisions that are in the best interests of themselves and their pets. It is strongly recommended that all Hosts schedule a "Previsit" with all dogs and dog owners before providing dog boarding or other dog-related services to mitigate as many risks as possible.
Should you agree to serve as a Host and you have any adults and children under the age of 18 at your home, you agree and acknowledge as follows:
- We agree that we (the adults and I, on behalf of my children/child/ward) are voluntarily agreeing to board a dog belonging to another at our home. I am assuming, on behalf of myself and/or my children/child/ward, all risk of personal injury, death or disability to me and/or my child/ward that might result or arise from the boarding of this dog in my home, or any damage, loss or harm to my reason or personal property which I or my children/child/ward may incur. I understand that the risks that come with boarding a dog who is not accustomed to me, my children/child/ward, and my home and that it has inherent risks; and
- I agree on behalf of myself and/or my children/child/ward and my/their personal representatives, successors, heirs, and assigns to hold Improvi Technologies Private Limited, its affiliates, officers, directors, agents, employees, and customers (collectively, the "Releases") harmless from any and all claims or causes of action arising out of the boarding of this dog in my home. I expressly release and discharge Releases from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to me and/or my children/child/ward, while the dog is boarding in my home.
- This release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of Releases or from any other cause. This waiver and release of all liability includes, without limitation, any injuries, illness, or accidents, which may occur as a result of the dog boarding in my home. By proceeding with this transaction, I understand that I voluntarily give up my right to sue the above mentioned parties.
The Owners of the guest pets ("Customer") should ensure that the Host is provided with contact information to reach the Customer in the event an emergency medical situation arises involving a Customer's Dog. Customer and Hosts acknowledge and agree that, to the extent any situation arises where the Customer's Dog is required to receive emergency veterinary care while in the care or custody of the Host, the Host shall make reasonable efforts to contact the Customer and notify him or her of the situation. In the event the Host notifies Waggle.in of the situation, the Host should contact Us at +91.98807.66003 and We shall make reasonable efforts to contact the Customer to notify them of the situation. If Customer cannot be reached following reasonable efforts, Customer authorizes Host to authorize care on his/her behalf in order to promptly treat Customer's dog. Customer acknowledge and agree that the costs of any such treatment for emergency medical situations is the sole and exclusive responsibility of the Customer and that Customer shall be liable to fully reimburse costs incurred by the Host thereto. The determination of what constitutes an emergency medical situation in relation to such coverage is at the sole and exclusive discretion of the Host.
Use of the Services
All confirmation to host your pets with a Registered User being a host on the Website are firm commitments to enter into a contract to permit your pet to be hosted by the Registered User, or any other confirmation of services on the Website shall be treated in the manner, and You shall be obligated to complete the transaction with the Registered User or the Website, as the case may be.
An action to utilise hosting or other services via/on the Website may be increased in price or quantum later but may not be withdrawn.
We strongly advise you not to test the site with false offers to host or false offers to have your pets hosted or in any other manner falsely undertake any of the services offer on the Website, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card / paymate, oxicash/ zipcash and such other infrastructure bid. Willfully entering erroneous or fictitious bids may result in prosecution by Us.
Please be aware that even if you do not give the Website your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a Registered User on the Website we encourage you to post feedback on the services availed via the Website after each such service has been concluded.
Improvi Technologies Private Limited and its suppliers, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website at your risk.
Limitation of Liability
In no event shall Our or our suppliers, affiliates, agents, directors, consultants and other service providers be liable for any direct, indirect, incidental, special, incidental, 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 the Website, its services or this agreement (however arising, including negligence).
Our liability in any circumstance is limited to the amount of fees, if any, paid by you to Us.
We assume no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
- Any interruption or errors in the operation of the Website.
You shall indemnify and hold harmless Improvi Technologies Private Limited and (as applicable) Our shareholder, directors, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, any other Rules and Policies, or the documents incorporated by reference, or your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Us and You shall have no authority to bind Us in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Us to Improvi Technologies Pvt Ltd, #2052, Sobha Dahlia, Bellandur, Bangalore, Karnataka, India - 560 103. (in Our case), or to the email address you provided to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Us with respect to the subject matter hereof.
At Our sole discretion, We may transfer our rights and obligations (also known as "assign") under this Agreement without your prior express consent, provided that We assign the Agreement on the same terms or terms that are no less advantageous to You.
If any dispute arises between you and Us during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Agreement, or the documents incorporated by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Us. The place of arbitration shall be Bangalore. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This Agreement and documents incorporated by reference shall be governed and construed in accordance with the laws of India.