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PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE HappyPet PLATFORM (AS DEFINED BELOW), YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF SERVICE.
Last Updated: October 25, 2023
Thank you for using Happy Pet!
These Terms of Service between you and HappyPet (as defined below) governing your access to, and use of, the HappyPet website, including any subdomains thereof, and any other websites through which HappyPet makes the HappyPet's Services available (collectively, the "Site"), our mobile and application program interfaces (collectively, the "Application") and all associated services (collectively, the "Services''). The Site, Application and Services together are hereinafter collectively referred to as the "HappyPet Platform''. Our other Policies applicable to your use of the HappyPet Platform are incorporated by reference into these Terms.
Our collection and use of personal information in connection with your access to, and use of, the HappyPet Platform is described in our Privacy Policy.
Breeders alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings (as defined in Section 1) and Breeder Services (as defined in Section 1). For example, all Indian states require a licence to breed dogs. Breeders are alone responsible for identifying and obtaining any required licences, permits, or registrations for any Listings or Breeder Services they offer. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Breeder Service(s) on the HappyPet Platform, you should always seek legal guidance.Privacy Policy.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY HappyPet IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, HappyPet will make a new copy of the Terms available at the Site and within the Application. We will also update the “Last Updated” date at the top of the Terms. If we make material changes to the Terms, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as defined in Section 2) or another manner through the Services (which may include posting an announcement on our Site). HappyPet may require you to provide consent to the updated Terms in a specified manner before further use of the HappyPet Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the HappyPet Platform. Otherwise, your continued use of the Site, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE CURRENT TERMS.
The HappyPet Platform is an online marketplace that enables registered users ("Breeders") to: (i) publish a listing of such Breeder Services on the HappyPet Platform ("Listings"), and (iii) communicate and directly with Members who are seeking such Services (Members seeking Breeder Services are referred to herein as “Users”).
As the provider of the HappyPet Platform, HappyPet does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. Breeders alone are responsible for their Listings. When Members buy or sell a dog, they are entering into a contract directly with each other. HappyPet is not, and does not become, a party to, or other participant in, any contractual relationship between Members, nor is HappyPet a dog breeder. Except as otherwise expressly noted herein, HappyPet is not acting as an agent in any capacity for any Member.
Any references to a Member being "verified" (or similar language) indicate that the Member has completed the specific steps of a relevant verification, vetting, and/or identification process. Any such description is not a guarantee by HappyPet about any Member. HappyPet has no control over and makes no representations about, (i) the existence, quality, safety, suitability, reliability, timing, or legality of any Listings or Breeder Services, (ii) the truth or accuracy of any Listing descriptions, Reviews and other Member Content (as defined below) or (iii) the performance or conduct of any Member or third party and any information provided by a Member. HappyPet does not endorse any Member, Listing or Breeder Services. You should always exercise due diligence and care when deciding whether to buy or sell a dog, participate in or use other Breeder Services, or communicate and interact with other Members, whether online or in person to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER HappyPet NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OF THE SERVICES. HappyPet AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE HappyPet PLATFORM THAT IS NO FAULT OF HappyPet's.
Member hereby grants HappyPet a non-exclusive, fully paid, royalty-free, worldwide right and licence to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Listing and other Member Content (in whole or in part) for the purposes of providing the Services and marketing purposes, including in advertisements for HappyPet or any of the HappyPet Services, on websites, in applications, within emails, and on our social media pages.
The HappyPet Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. HappyPet is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by HappyPet of such Third-Party Services.
Due to the nature of the Internet, HappyPet cannot guarantee the continuous and uninterrupted availability and accessibility of the HappyPet Platform. HappyPet may restrict the availability of the HappyPet Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the HappyPet Platform. HappyPet may improve, enhance and modify the HappyPet Platform and introduce new Services from time to time.
IF YOU CHOOSE TO ACCESS OR USE THE HAPPY PET PLATFORM OR COLLECTIVE CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE HAPPY PET PLATFORM AND THE HAPPY PET CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND ANY USE OF SAME IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, HAPPY PET, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, FINANCING SOURCES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “GOOD DOG PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE HappyPet PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE HappyPet PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE HappyPet PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE HappyPet PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE HappyPet PLATFORM WILL BE CORRECTED.
ANY COLLECTIVE CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE HAPPY PET PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE GOOD DOG PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH COLLECTIVE CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. HAPPY PET MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO ANY LISTING AND/OR BREEDER SERVICES YOU ARE PROVIDING OR RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY HAPPY PET RELATING TO A LISTING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HAPPY PET OR THROUGH THE HAPPY PET PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A MEMBER OR GUARANTEE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to, and use of, the happy pet Platform and Collective Content, your publishing of or purchasing through any Listing via the happy pet Platform, your sale or purchase of a dog, or use of any other Breeder Service or any other interaction you have with other Members whether in person or online remains with you. Neither happy pet nor any other party involved in creating, producing, or delivering the happy pet Platform or Collective Content will be liable for any incidental, indirect, punitive, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the happy pet Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the happy pet Platform, or (iv) from your publishing of, or inquiring about, a Listing, including the provision or use of a Listing’s Breeder Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not happy pet has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Breeders pursuant to these Terms, in no event will Good Dog’s aggregate liability arising out of, or in connection with, these Terms and your use of the happy pet Platform including, but not limited to, from your publishing of or purchasing through any Listings via the happy pet Platform, or from the use of or inability to use the happy pet Platform or Collective Content and in connection with any Breeder Service, or interactions with any other Members, exceed an amount determined in Good Dog’s sole discretion. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Good Dog and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Good Dog’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
PRIVACY VALUES
We take your privacy very seriously.
Privacy & Protection. We value your privacy. It’s your data, not ours. You deserve to have your personal data and content protected. We’re dedicated to protecting the information you share with us. If you’ve been the victim of any such behaviour and would like assistance having the material taken down, please email us at hello@happypet.care.
OUR PRIVACY POLICY
This Privacy Policy explains how Excitado Innovations Pvt Ltd, Happypet.Care and our subsidiaries and affiliates (collectively, “HappyPet”, “we”, “us”, or “our”) collect, use, process, and disclose your information in connection with the HappyPet website, including any subdomains thereof, and any other websites through which HappyPet’s services are available (collectively, the “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, the “Application”), and all associated services that posts or links to this Privacy Policy (collectively, the “Service,” and the Site, Application, and Services together are hereinafter collectively referred to as the “HappyPet Platform''). So if you have any questions or concerns, please email hello@happypet.care
1. INFORMATION WE COLLECT
1.1 User Provided Information
We collect information you share with us when you use the HappyPet Platform.
1.2 Information We Collect Automatically.
1.3 Information We Collect from Third Parties.
We may collect information that others provide about you when they use the HappyPet Platform or obtain information from other sources and combine that with information we collect through the HappyPet Platform.
1.4 Information We Obtain from Social Media Platforms.
We may maintain pages for HappyPet on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other third party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy, not HappyPet’s Privacy Policy, will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.
2. WHY WE COLLECT INFORMATION
We collect, use, store, and process information about you to provide, understand, improve, and develop the HappyPet Platform to give you a great experience. We also use it to create and maintain a trusted and safer environment. Collecting information helps us detect fraudulent activities and behavior, including identifying would-be scammers. We do not sell your data to third parties to market their products to you.
-Provide, Improve, and Develop the HappyPet Platform.
-Create and Maintain a Trusted and Safer Environment.
-Provide, Personalise, Measure, and Improve our Promotions and Marketing.
3. SHARING AND DISCLOSURE
3.1.With Your Consent
We may share your information at your direction or as described at the time of sharing, such as when you authorise a third party application or website to access your Account (e.g., if you link your Account to a social media account, such as Facebook).
3.2 Sharing between Breeders, Buyers and other Members.
To help facilitate transactions, we may share your information with other Members
3.3 Profiles, Listings, and other Public Information.
The HappyPet Platform lets you publish information that is visible to the general public.
3.3 Service Providers.
We may use third party service providers to help us provide services related to the HappyPet Platform. For example, service providers may help us: (i) verify or authenticate identification; (ii) check information against public databases; (iii) assist us with background checks, fraud prevention, and risk assessment; or (iv) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually obligated to use it consistent with this Privacy Policy.
3.5 Safety and Compliance with Law.
HappyPet may disclose your information to courts, law enforcement or governmental authorities, or authorised third parties if we are required to do so by law, regulation, or if such disclosure is reasonably necessary
3.6 Widgets.
We may display parts of the HappyPet Platform (e.g., Listing pages) on sites operated by HappyPet’s business partners, using technologies such as widgets or APIs. If Listings are displayed on a partner’s site, information from public profile pages may also be displayed.
3.7 Professional Advisors.
We may disclose your personal information to our professional advisors, including but not limited to lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
3.8 Business Transfers.
We may sell, transfer or otherwise share some or all of our business or assets in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganisation or sale of assets..
3.9 Aggregated Data.
We may share aggregated information (information about users that is combined together so that it does not identify or reference individual users) and non-personally identifiable information for industry and market analysis or other business purposes.
4. Linking Third Party Accounts.
You may link your HappyPet Account with your account at a third party social networking service. The information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes. The publication and display of information that you provide to HappyPet through this linkage is subject to your settings and authorizations on the HappyPet Platform and the third party site. If you link or share to any third party site from the HappyPet Platform, your use of the third party site will be governed by its privacy policy, which we encourage you to read.
5. Partners
The HappyPet Platform may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.
6. YOUR CHOICES
6.1 Access and Update.
You may review, update or delete the information in your Account at any time by logging into your Account and reviewing your Account settings and profile. You are in control over the content we are allowed to use on the happypet.care website and you may delete the information in your Account and take your content with you whenever you need to.
6.2 Account Cancellation.
To cancel and delete your Account, you may send an email to hello@happypet.care at any time. Note that information that you have shared with others (like Reviews or forum postings) may continue to be publicly visible on the HappyPet Platform after your HappyPet Account is cancelled and deleted.
6.3 Opt Out of Marketing Communications.
You can always opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at hello@happypet.care. You may continue to receive service-related and other non-marketing emails.
6.3 Cookies & Browser Web Storage.
We use cookies and similar browsing activities to collect, use, store, and process information about you to provide, understand, improve, and develop the HappyPet Platform to give you a great and easy user experience.
6.5 Choosing Not to Share Your Personal Information.
Where we are required by law to collect your personal information, or where we need your personal information in order to provide the HappyPet Platform to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with access to the HappyPet Platform.
7. SECURITY
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorised access, loss, destruction, or alteration. However, the Internet is not a 100% secure environment so we can’t absolutely guarantee the security of the transmission or storage of your information.
8. CHILDREN
We define "children" as anyone under 13 years old. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents with concerns to contact us at hello@happypet.care.
9. CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the HappyPet Platform. We may, and if required by law, also provide notification of changes in another way that we believe is reasonably likely to easily reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the HappyPet Platform.