Terms and Conditions
The “Tale of Tails” is a brand and initiative owned by Brown Bird Ventures Pvt Ltd (“Company”, “We”, “Us”, or “Our”), a Company having registered office at 83, 3rd Floor, Aditya Industrial Estate, Chincholi Bunder, Mahad West, Mumbai – 400064. These Terms and Conditions (“Terms”) govern your (“You”, “Your”, or “User”) use of Our mobile application, website (“Platform” individually and “Platforms” collectively), and all related services, including but not limited to the services listed on Our Platforms and/or offered by the Company from time to time, commencing from Effective Date as specified herein and continuing until such Terms are revised, updated, or replaced by the Company in its sole discretion.
By accessing, downloading, registering or using the services, including all functionalities, features, tools, content, and services made available by the Company through its mobile application, website or otherwise and any feature services introduced by the Company, you agree to these Terms in full. If you do not agree with any part of these Terms, please refrain from using our services.
- Eligibility:
1.1 The services are intended solely for individuals who are at least 16 (Sixteen) years of age or older and are otherwise legally competent to enter into binding contracts under applicable laws.
1.2 By accessing or using the Platform, You affirm and warrant that You are of legal age and capacity to enter into this Agreement and that all information You provide is accurate and truthful to the best of your knowledge.
1.3 You further represent and warrant that You are either the lawful owner, legal guardian, or duly authorized custodian of the pet profile(s) created and maintained on the Platform and have the legal authority to act on behalf of such pet(s) for all purposes pertaining to the use of the services.
1.4 If you are using the Platform on behalf of an entity, organization, or other legal person, You represent and warrant that You have the requisite authority to bind such entity to these Terms.
- Services Offered:
2.1 The Company offers a variety of pet-centric digital services through the Platform, which may include, without limitation, social networking features, activity tracking tools, medical data management modules, and digital assistants, trivia content, online consultations, pet care facilitation, and curated product recommendations.
2.2 The availability, nature, and pricing of these services may vary from time to time, Certain services may be offered free of charge, while others may require a one-time or subscription-based payments. Some services may be accessible via the use of Platform Credits, which Users may purchase or earn in accordance with applicable policies.
2.3 The Company reserves the right, at its sole discretion, to modify, discontinue, or replace any existing service or to introduce new services on the Platform or upon notification to the Users, as applicable.
2.4 The Company may, from time to time, facilitate access to third-party services through the Platform. Users acknowledge that the Company merely acts as an intermediary and is not responsible for the performance, delivery, or outcomes of such third-party services unless expressly stated otherwise.
- Payment and Refund Policy:
No cancellations are allowed for the appointments booked through the platform. In case the pet care provider fails to deliver service on the appointment date and time, then you shall inform us by reaching out to our customer services on the TOT Platform. TOT will investigate the incident and, if it is found that money was charged to Your card or bank account without delivery of the service, then You will be refunded the money within 21 working days from the date of receipt of Your e mail. It will take 3-21 working days for the money to show in Your bank account depending on Your bank’s policy. All refunds will be normally credited to the source of the payment.
- User Conduct:
The User hereby agrees and undertakes that they shall not:
a. Upload, publish, post, or otherwise disseminate any information or content on the Platform that is false, misleading, defamatory, obscene, harmful, offensive, or otherwise objectionable in nature;
b. Impersonate any individual, entity, or pet owner or otherwise misrepresent their identity or the ownership/custody of any pet;
c. Use the Platform or Services for any unlawful, abusive, harassing, fraudulent, exploitative, or malicious purposes, including but not limited to the exploitation or endangerment of animals, persons, or the dissemination of harmful information;
d. The User acknowledges and agrees that they shall bear sole responsibility and liability for the well-being, supervision, care, and conduct of any pet registered under their account, and that the Company shall not be held liable for any damages, losses, or liabilities arising in connection with such pet’s actions, condition, or treatment, whether during the use of Platform or otherwise.
- Disclaimers:
The services provided through the Platform are offered on an “as is” and “as available” basis, without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
5.1 Vet Consultation Disclaimer:
a) Veterinary consultation services facilitated through the Platform are rendered by independent third-party veterinary professionals. Any advice, guidance, diagnosis, prescription, or recommendation provided by such professionals does not constitute a substitute for in-person or emergency veterinary care.
b) The Company expressly disclaims any and all liability arising from any misdiagnosis, erroneous treatment, or reliance placed on such veterinary advice.
c) Users acknowledge that they shall act upon such advice at their own volition and risk, and the Company shall not be responsible for any consequences arising therefrom.
5.2 Pet Sitting Services Disclaimer:
a) Pet sitting services made available through the Platform are performed by third-party service providers who operate independently and are not employees, agents, or representatives of the Company.
b) The Company disclaims all responsibility and liability for any harm, injury, loss, theft, neglect, or death of pets occurring during or as a result of such third-party services.
5.3 Product and Affiliate Disclaimer:
a) The Company may feature, promote, or provide access to third-party products or services through affiliate links or other arrangements. However, the Company neither manufactures nor endorses such products or services and does not provide any warranties in relation thereto.
b) Users are solely responsible for verifying the quality, safety, and authenticity of such third-party offerings before making any purchase or usage decisions.
- Intellectual Property: a) All content available on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video content, digital downloads, data compilations, and software (hereinafter referred to as the “Content”), is either the property of Tale of Tails or is used under a valid license from a third-party rights holder. Such Content is protected under applicable intellectual property laws, including without limitation copyright, trademark, trade dress, and other proprietary rights. b) The User acknowledges that they are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform and its Content solely for their personal, non-commercial use in accordance with these Terms. Any reproduction, duplication, distribution, transmission, republication, display, or performance of the Content, in whole or in part, for any purpose other than as expressly permitted under these Terms, is strictly prohibited without the prior written authorisation of Tale of Tails or the applicable rights holder.
- Limitation of Liability:
To the fullest extent permitted by applicable law, the Company, including its affiliates, officers, directors, employees, agents, licensors, or service providers, shall not be liable to the User or any third party for any indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, including but not limited to loss of profits, loss of data, loss of goodwill, or any other intangible losses, arising out of or in connection with the User’s access to or use of the Platform or the Services, whether based on contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, the total aggregate liability of the Company, whether in contract, tort, negligence, strict liability, or otherwise, for any and all claims arising under or in connection with these Terms or the use of the Platform or the Services shall be limited to the total amount paid by the User to the Company for the Services during the ninety (90) days immediately preceding the date on which the cause of action giving rise to such liability arose.
- Data Privacy:
8.1 The collection, use, storage, disclosure, and protection of any personal data provided by the User shall be governed by the Company’s Privacy Policy, which is incorporated herein by reference. By accessing or using the Platform or Services, the User acknowledges that they have read, understood, and agreed to the terms of the Company’s Privacy Policy, as may be amended from time to time. The User is encouraged to review the Privacy Policy periodically to stay informed about the Company’s data practices.
- Dispute Resolution:
9.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
9.2. Jurisdiction: Subject to Clause 9.3 below, the courts at [Insert City], India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms, the Platform, or the Services.
9.3. Arbitration: Any dispute, controversy, or claim arising out of or in relation to these Terms, including any question regarding their existence, validity, or termination, which cannot be resolved amicably between the parties, shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator appointed by the Company. The seat and venue of arbitration shall be Mumbai, India. The language of the arbitration shall be English. The award rendered by the arbitrator shall be final and binding on the parties.
- Grievance Redressal:
10.1 In accordance with the Information Technology Act, 2000 and the rules made thereunder, the Company has designated a Grievance Officer to address any concerns or grievances raised by Users regarding the use of the Platform or the Services.
10.2 Any complaints or concerns with respect to the content or any breach of these Terms shall be addressed to the Grievance Officer in writing and sent to the following contact details:
Grievance Officer:
Name: Nikhil Chaudhari
Designation: Founder
Email: nikhil@taleoftails.in
Postal Address: 83, Aditya Industrial Estate, Malad, Mumbai – 400064
10.3 The Grievance Officer shall acknowledge the receipt of the complaint within 24 (twenty-four) hours and shall endeavour to redress the grievance within 15 (fifteen) days from the date of receipt of the complaint.
We may amend these Terms periodically. Users will be notified via Platform. Continued use of services after such updates shall be deemed acceptance of the revised Terms.
Updated and Effective on: 20-07-2024
