Terms and Conditions

1. About These Terms

1.1 Pawmax/Petly is owned, licensed and managed by Petly Ventures Private Limited (“Company”, “We”, “Us”, “Our”), a private limited company with its registered office at AJ39, Salt Lake City, Sector-II, Bidhannagar, Kolkata-700091, West Bengal, India. We operate the website www.petly.co.in (the “Platform”).

1.2 These Terms and Conditions (“Terms”), together with our other policies such as the Privacy Policy and the Return and Refund Policy (“Platform Policies”), govern how you access and use the Platform, and the products and services offered on it.

1.3 By accessing, browsing, registering on or shopping on the Platform, you confirm that you have read, understood and agree to be bound by these Terms and the Platform Policies. If you do not agree, you are strictly advised not to access the Platform or use any of our Services on offer.

1.4 These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it. They do not need a physical, electronic or digital signature from the Company.

2. Key Definitions

i. We / Us / Our: Pawmax/Petly, owned by Petly Ventures Private Limited.

ii. You / Your / Customer: the individual or entity using the Platform or buying from it.

iii. Products: all items available for purchase on the Platform.

iv. Services: any offering made available on the Platform, along with the Products, that adds value or meets a customer need.

v. Company: the legal entity running the business of supplying goods and services to customers.

3. Who Can Use the Platform

3.1 You must be at least 18 years old, or be using the Platform with the consent of a parent or guardian. If you allow a minor dependent to use the Platform, you confirm that you consent to that use.

3.2 You confirm that you are legally capable of entering into a binding contract and are not barred from using the Platform under any applicable law of India.

3.3 The Platform is not available to anyone who has previously been suspended or removed from it.

3.4 Our products and services keep evolving. We may change, pause or permanently stop any service or feature, and we may do so without prior notice.

4. Your Account

4.1 To purchase Products, you need to create an account by registering in our platform and give details such as your name, email address and any other information we ask for.

4.2 You must give complete, accurate, current and genuine information, and you must keep it updated. To update your details, email us at [email protected].

4.3 If you give false, inaccurate, outdated or incomplete information, or we reasonably suspect that you have, we may suspend or terminate your account and refuse current or future services, in addition to any other rights we have in law.

4.4 You should hold only one active account.

4.5 You must not sell, trade or transfer your account to anyone else, or impersonate any person or entity to create an account. Misrepresenting who you are or who you are connected to may lead to serious consequences.

4.6 You are responsible for keeping your account information confidential and for everything that happens on or through your account. Please log out at the end of every session.

4.7 Tell us immediately if you notice or suspect any unauthorised access, or any breach of security or privacy.

4.8 We use technical security and firewall systems to prevent unauthorised access. However, we are not liable for any loss, damage, cost or expense caused by unauthorised or malafide access or use of your account. You are solely liable for any loss caused to the Company or other users because you failed to keep your account details secure.

4.9 Your content and information (other than credit or debit card details) may be transferred without encryption. This can involve transmission over various networks and changes needed to suit the technical requirements of connecting networks or devices.

4.10 Credit card and debit card information is always encrypted during transfer over networks.

4.11 We may refuse access to new users, or end access for existing users, at any time if their use of the Platform does not comply with these Terms or that of other Platform Policies, or if required by law or by a court order or direction by an government authority.

5. Communications from Us

5.1 When you register, you agree to receive emails, calls, SMS and notifications about Products or Services you have bought or searched for, and about new products, services and promotional offers.

5.2 You can opt out or unsubscribe at any time through the Platform.

6. Acceptable Use

6.1 You may use the Platform to buy Products and avail Services. By accepting our Terms and Conditions and Platform Policies, You represent and warrant that while using our Platform, You shall refrain from:

Content you upload or share

Upload, publish, transmit or share any information that belongs to someone else and that you have no right to use.
Share anything that harms anyone's identity, privacy or confidentiality, or that breaks any applicable rule or law.
Share false or misleading information meant to deceive, provoke, intimidate or hurt the sentiments, beliefs, status or self-esteem of any person, group, entity or agency, including on grounds of ethnicity, race, caste, creed, religion or gender.
Post content that is defamatory, obscene, abusive, harassing, threatening or otherwise objectionable.
Post content that discriminates on the basis of race, ethnicity, nationality, religion, gender, sexual orientation, disability or any other characteristic.
Infringe the intellectual property or privacy rights of others or of the Company by posting or distributing content without proper authorisation.

Your conduct towards others

Harass, bully, abuse, shame, threaten, stalk, dox or harm other users or individuals.
Cause harm to minors or animals.
Impersonate any person or entity, or misrepresent your connection with any person or entity.
Send unsolicited promotional material, junk mail, spam or chain letters to other users.
Make defamatory or derogatory statements, verbal or written, against the Company that could harm its goodwill, brand value or credibility. Please keep reviews, feedback and suggestions respectful.

Technical misuse

Transmit viruses, trojan horses, worms or other harmful code, or use any technology to gain unauthorised access to the Site or our servers, or to disrupt, damage or interfere with any computer or system.
Bypass or endanger the Platform's technical or electronic systems, or decipher, decompile, disassemble, trace back or reverse engineer its software or code.
Use the Platform so heavily that it strains our resources or disrupts normal functioning.
Use scraping, spidering, harvesting or spyware to collect data from the Platform or from other users' accounts.

Illegal or harmful activity

Engage in any activity that violates local, state, national or international law, or any court order.
Engage in illegal or fraudulent activity, including scams, phishing, data theft, money laundering or data piracy.
Engage in any activity or communication that is inconsistent with the Constitution of India or threatens the integrity, unity, defence, security or sovereignty of India, or its friendly relations with foreign states.
Engage in any activity that disrupts public order or peace, or encourages the commission of a cognizable offence.

Commercial misuse

Access the Platform to gather information for building a similar competing platform or application.

6.2 Reviews and feedback: Any review, comment or suggestion you give must be voluntary, based on your own genuine experience, and not on anyone else's biased opinion. We welcome honest feedback, whether positive or negative, as it helps us improve.

6.3 Suspension: If we believe you have broken these Terms, we may terminate, ban or suspend your access at our sole discretion and without notice.

7. Products and Services

7.1 We offer products for your pets, including food, medicines, toys and accessories, along with other items such as clothing, grooming and sanitation products.

7.2 We confirm that the Platform holds all licences, registrations, certifications and documents required to run its business and complies with applicable laws.

7.3 Listings are not offers: Products and services listed on the Platform are only an “invitation to offer”, not an offer for sale. When you place an order, you are making an offer to buy to the Company selling such products/offering such services on our Platform.

7.4 Order acceptance: We may accept or reject any order at our discretion and are not obliged to accept or deliver it. We may also limit the quantity of any Product you can order, without prior notice or intimation.

7.5 Product information: We try to keep descriptions and images accurate. However, we do not guarantee about pin-point accurateness of the information and images. Unintentional errors may occur.

Drop-shipping model

7.6 Pawmax/Petly operates on a drop-shipping model. We do not hold stock of the products listed on the Platform. When you place an order, we forward it to a third-party supplier, who ships the product directly to you.

7.7 Availability: While we strive to ensure that all products listed on our Site are available, We cannot guarantee that any Product will be available at any given time, because we rely on third-party suppliers and logistics providers. Availability can change without notice. If a Product you ordered is unavailable, we will inform you as soon as possible and offer options such as a refund, exchange or backorder.

7.8 Delivery areas: We generally deliver across India, but we may decide which areas we serve, depending on prevailing conditions.

7.9 Supplier terms: Your purchase may also be subject to the supplier's own terms. We encourage you to review these Terms and Conditions before placing your order.

7.10 Note to suppliers: Suppliers must ship each product with a copy of the invoice, to confirm authenticity.

8. Pricing and Payment

8.1 All prices are in Indian Rupees (INR).

8.2 Accepted payment methods include credit cards, debit cards, PayPal and others shown at checkout.

9. Shipping and Delivery

9.1 We aim to ship orders within a reasonable number of business days after you place them, depending on prevailing conditions.

9.2 Delivery times depend on the supplier and your location. Estimated delivery times shown on the Platform are estimates only and are not guaranteed. Pawmax/Petly is not responsible for delays caused by the supplier or by factors beyond our control.

9.3 Delivery may take longer because of:

i. Unforeseen problems in supply, procurement, shipping or any other part of the supply chain.

ii. Events beyond our or Company’s reasonable control, such as natural disasters (earthquakes, storms, floods, epidemics or pandemics), accidents, new laws or government orders, war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes or strikes.

iii. Festive seasons or other widespread occasions, when employees and delivery partners may be on leave.

10. Returns, Refunds and Cancellations

10.1 We make sure the quality and accurate products are delivered to our customers. However, If you are not satisfied with a Product, or you receive a damaged or wrong Product by mistake, you can claim a return, refund or exchange.

10.2 Reasonable deductions may apply to refunds and cancellations, so the full price you paid may not always be refunded, depending on the circumstances.

10.3 Please read our detailed Return and Refund Policy for the full process and conditions.

11. Quality Control

11.1 We make reasonable efforts to choose reputable suppliers of high-quality products. However, we cannot guarantee the quality or condition of products shipped directly by suppliers.

11.2 If you receive a Product that is damaged, defective or not as described, contact us immediately and we will work with the supplier to resolve the issue.

12. Intellectual Property

12.1 Who owns what

All content, trademarks, logos, designs, graphics, software and other intellectual property on Pawmax/Petly (www.petly.co.in) belong exclusively to Petly Ventures Private Limited or its licensors. This includes but is not limited to the following:

i. Text, images, media, videos and audio.

ii. Trademarks, product names, brand names and logos.

iii. Website design and layout, including the look and feel of the Platform.

iv. All software, ideas, data and technology etc, available on the Platform.

12.2 How we protect it

All material on the Site is protected by copyright, trademark, patent and other intellectual property laws. Unauthorized use of any content or materials from our Site may violate these laws and could result in legal action. Copying, duplicating or reusing any of our content or trademarks without permission will be seen as a serious offence and may lead to penalties and legal action.

12.3 Your limited licence

You are given a limited, non-exclusive, non-transferable, non-assignable, royalty-free licence to access and use the Platform for personal, non-commercial purposes only. This licence does not allow you to:

i. Modify or reproduce any content from the Site.

ii. Use data mining, robots or similar data-gathering tools.

iii. Distribute or publicly display any content from the Site without our prior written consent.

Non-compliance of any of the provisions thus mentioned will invite serious allegations against such user, and will further lead to legal proceedings.

12.4 Content you submit

i. Reviews, comments, suggestions and any other content you submit must be accurate and not misleading.

ii. You confirm that you own, or have the necessary rights to, the content you submit.

iii. You grant Pawmax/Petly a perpetual, irrevocable, royalty-free licence to use, reproduce, modify, publish and distribute your content in any form. We may use it as we sees fit, without any obligation to you.

12.5 Reporting infringement

We respect the intellectual property rights of others. If you believe your work has been copied in a way that amounts to infringement, or you know of unauthorised use of our intellectual property, please email us at [email protected] with:

i. Your contact number, email ID and address.

ii. Details of the work you claim has been infringed.

iii. A physical or electronic signature of the intellectual property owner (or a person authorised to act for them).

iv. Details of the person who uploaded the infringing work.

12.6 Changes

We reserve the right to modify this Intellectual Property Rights clause at any time. Changes take effect as soon as they are posted.

13. Third-Party Content, Sellers and Interactions

13.1 Third-party links: Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by Pawmax/Petly. We do not endorse them and are not responsible for their content, advertising, products or services, or for any loss or damage from using them.

13.2 Other users: You may interact with other users through comments, reviews or other forms of communication. We are not responsible for any user's conduct. Please engage respectfully and follow these Terms.

13.3 User-generated content: Content submitted by users does not reflect Pawmax/Petly's views. We do not endorse it and are not responsible for its accuracy, legality or appropriateness. We may monitor and remove content that we consider inappropriate or in breach of these Terms.

13.4 Reporting violations: If you see third-party content that breaks these Terms or is otherwise objectionable, report it to us at [email protected]. We will review it and act at our discretion.

13.5 Dealings with third parties: We are not responsible for your interactions or transactions with third parties, including third-party vendors or other users. Any agreement you make with a third party is between you and that party only.

13.6 Safe harbour: Pawmax/Petly acts as an intermediary, providing a platform where sellers list and sell products to buyers. Our role is limited to providing access to the Platform and related services. To the fullest extent the law permits, the Pawmax/Petly is not liable for the content, products or actions of sellers or other third parties on the Platform, including but not limited to:

i. Infringement of intellectual property rights.

ii. Sale of illegal, unsafe or misrepresented products.

iii. Breach of contract or warranty.

iv. Any loss or damage from transactions between buyers and sellers.

For any of these matters, the third party, and not Pawmax/Petly, is solely accountable.

14. Limitation of Liability

14.1 No indirect losses: Pawmax/Petly is not liable for any direct, indirect, incidental, special or consequential damages from buying or using products fulfilled through drop shipping, including but not limited to loss of profits, goodwill, use, data or other intangible losses.

14.2 Scope of Limitation: To the fullest extent the law permits, Pawmax/Petly's total liability arising from or connected with these Terms, the products sold or your use of the Platform, whether in contract, tort (including negligence) or otherwise, is limited to the service fee applicable to the transaction. This applies to all direct and indirect damages, including but not limited to those for personal injury or property damage, breach of contract, negligence, misrepresentation and any other cause of action.

14.3 Liability Cap: Pawmax/Petly's total liability to the customer for any or all claims connected with these Terms shall not exceed the total fees charged by Pawmax/Petly from the brand.

14.4 Consequential damages: In no event is Pawmax/Petly liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data or use, even if we have been advised of the possibility of such damages.

14.5 What the limitations do not cover: The limitations above do not apply to liability arising from:

i. Death or personal injury caused by our negligence or that of our employees, agents or subcontractors.

ii. Fraud or fraudulent misrepresentation.

iii. Wilful misconduct.

iv. Breach of confidentiality obligations.

v. Violation of applicable laws or regulations.

vi. Our indemnification obligations, if any, set out in these Terms.

14.6 Time limit for claims. Any claim must be brought within 15 days after the cause of action arises, otherwise such claim will be permanently barred.

14.7 Sole remedy: This Limitation of Liability clause represents the sole and exclusive remedy available to the customer for any claims arising out of or related to this Terms.

14.8 Who benefits: This Limitation of Liability clause is mutual and benefits Pawmax/Petly, its affiliates, and their respective officers, directors, employees, agents, and subcontractors.

14.9 Survival: This Limitation of Liability clause shall survive the termination or expiration of this Terms for any reason.

15. Indemnification

15.1 You agree to indemnify, defend and hold harmless Pawmax/Petly, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Indemnified Parties”) against all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from or related to:

i. Your access to or use of the Site, including any data or content you send or receive.

ii. Your breach of these Terms or of any applicable law, rule or regulation.

iii. Any content you submit, post or share through the Site, including but not limited to claims of copyright infringement, defamation, invasion of privacy or violation of any other rights.

iv. Any dispute arising from your transactions with third-party sellers or other users.

v. Your negligence or wilful misconduct.

15.2 How a claim is handled: If an Indemnified Party faces a claim for which it seeks indemnity, it will:

i. Promptly give you written notice of the claim.

ii. Reasonably cooperate with you in the defence of the claim, at your expense.

iii. Allow you to control the defence and settlement of the claim, provided you do not agree to any settlement that admits fault or imposes obligations on an Indemnified Party without its prior written consent (such consent not to be unreasonably withheld).

iv. The Indemnified Party will have the right to participate in the defence of the claim with counsel of its own choosing, at its own expense.

15.3 Exceptions. Your indemnity does not apply to the extent a claim arises directly from:

i. The gross negligence or wilful misconduct of the Indemnified Party seeking indemnity.

ii. The Indemnified Party's material breach of these Terms.

iii. Claims brought directly by Pawmax/Petly against you.

15.4 Survival. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the website.

16. Resolving Disputes

16.1 Step 1: Reach out to us first: Before starting any formal legal proceedings, you agree to first contact us directly and attempt to resolve any disputes or claims informally. Send a written description of your claim to Pawmax/Petly at AJ39, Salt Lake City, Sector-II, Bidhannagar, Kolkata-700091, West Bengal, and allow us 30 days to respond and try to resolve it.

16.2 Step 2: Arbitration (optional). If informal resolution is unsuccessful, and only if both parties mutually agree in writing after the dispute arises, the dispute shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

16.3 How Arbitration works (if used):

i. It will be administered by the Indian Council of Arbitration under its rules. If no institution is specified, the parties will jointly appoint a sole arbitrator.

ii. The seat of arbitration shall be Kolkata, West Bengal.

iii. The language of arbitration shall be English.

16.4 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Subject to the provisions on Arbitration, the courts in Kolkata, West Bengal, shall have exclusive jurisdiction over any disputes arising out of or relating to this Terms.

16.5 Injunctive Relief: Nothing in this Dispute Resolution clause shall prevent either party from seeking injunctive relief or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

16.6. Costs: Each party shall bear its own costs and expenses in connection with any dispute resolution process, including attorneys' fees, unless otherwise awarded by the arbitrator or court.

16.7 Time limit. Any claim must be started within 15 days after the cause of action arises, or it is permanently barred.

16.8 Severability: If any provision of this Dispute Resolution clause is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Suspension and Termination

17.1 You may terminate your account and these Terms at any time by stopping all use of the Platform and requesting account closure through [email protected]. Termination is effective once we receive your request and complete any necessary closure steps.

17.2 We may suspend or terminate your account and access, with or without cause and without prior notice, at our sole discretion.

17.3 Reasons may include (but are not limited to):

i. Violation of These Terms: Your breach or violation of any provision of these Terms and Conditions.

ii. Unlawful Activity: Your engagement in any activity that violates applicable laws, rules, or regulations.

iii. Fraudulent Activity: Your engagement in any fraudulent or deceptive activity.

iv. Harm to Other Users: Your conduct that harms, threatens, or harasses other users or Pawmax/Petly.

v. Security Risks: Security risks or vulnerabilities associated with your account.

vi. Inactivity: Prolonged inactivity of your account (as determined by Us).

vii. Business Reasons: Our decision to discontinue or modify the website or services, in whole or in part.

17.4 Your right to use the Platform and services ends immediately. We may delete your account and associated data. You remain liable for any amounts you owe us as of the termination date.

17.5 The provisions of these Terms and Conditions that by their nature should survive termination (including, but not limited to, indemnification, limitation of liability, intellectual property, and dispute resolution) will survive such termination.

17.6 Pawmax/Petly is not liable to you or any third party for terminating your account or access, and may refuse to reinstate it in the future. We reserve the right to refuse to reinstate your account or access to the website and services in the future. 

18. Privacy

Protecting your privacy is our topmost priority. We have a detailed ‘Privacy policy’ which explains how the Platform collects, uses, handles and shares your personal information and data. Please refer to our ‘Privacy Policy’ for further details.

19. Changes to These Terms

19.1 We may modify, update or replace these Terms at any time, at our discretion and without prior notice. It is your responsibility to periodically review these Terms and Conditions for any changes.

19.2 We will make reasonable efforts to notify you of any material changes to these Terms and Conditions. This may include, but is not limited to:

i. Posting the updated Terms and Conditions on our website.

ii. The date of the last revision will be indicated at the top of these Terms and Conditions.

19.3 Unless otherwise specified, any changes to these Terms and Conditions will be effective immediately upon posting. Minor changes to these Terms and Conditions, which do not materially affect your rights or obligations, may be made without specific notice.

19.4 Your continued use of the website or services following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the new terms, you must stop using the website and services.

20. Grievance Redressal

In case if you have any complaints or issues with our Products, Services or Platform,you may contact and reach out to our Grievance Redressal Officer:

Email:[email protected]

Phone: (+91) 9903758801