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Terms of Service

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.

Scope of Services

  1. 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”).

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  1. Eligibility, Verification, and Registration
    1. You must be at least 18 years old and able to enter into legally binding contracts to access and use the HappyPet Platform or register an Account. By registering for an Account, accessing, downloading, or using the HappyPet Platform, you represent and warrant that you (i) have read, understand, and agree to be bound by these Terms and (ii) are 18 or older and have the legal capacity and authority to enter into a contract. IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS, YOU MAY NOT ACCESS OR USE THE HappyPet PLATFORM.
    2. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to, (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions, animal abuse registrations, or an equivalent version of background, registered animal abuse offender checks, or other checks in your local jurisdiction (if available).
    3. You must register an account ("Account") to access and use certain features of the HappyPet Platform, such as publishing or purchasing from a Listing. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licences provided in these Terms.
    4. You must register an account ("Account") to access and use certain features of the HappyPet Platform, such as publishing or purchasing from a Listing. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licences provided in these Terms.
    5. You may not register more than one (1) Account unless Happy Pet authorizes you to do so. You may not assign or otherwise transfer your Account to another party.
    6. HappyPet may enable features that allow you to authorise other Members or certain third parties to take certain actions that affect your Account. These features do not require that you share your credentials with any other person. No third party is authorised by HappyPet to ask for your credentials, and you shall not request the credentials of another Member.
    7. HappyPet reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the HappyPet Platform if you have been previously removed by HappyPet, or if you have been previously banned from any of the HappyPet Platform.
  2. Using the Happy Pet Platform; Prohibited Activities
    1. The HappyPet Platform and the information and content available on the HappyPet Platform are protected by copyright laws throughout the world. Subject to the Terms, HappyPet grants you a limited licence to reproduce portions of the HappyPet Platform for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by HappyPet in a separate licence, your right to use any HappyPet Platform is subject to these Terms.
    2. Subject to your compliance with the Terms, HappyPet grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.
    3. You understand that the HappyPet Platform is evolving. As a result, HappyPet may require you to accept updates to the HappyPet Platform that you have installed on your computer or mobile device. You acknowledge and agree that HappyPet may update the HappyPet Platform with or without notifying you. You may need to update third-party software from time to time in order to use the HappyPet Platform.
    4. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the HappyPet Platform.
    5. You agree to comply with any applicable export control laws in your local jurisdiction.
    6. HappyPet may make the access to and use of the HappyPet Platform, or certain areas or features of the HappyPet Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Reviews thresholds, or transaction and cancellation history.
    7. The HappyPet Platform may only be used for lawful purposes by members seeking dogs and Breeders seeking to market and sell dogs. The rights granted to you in the Terms are subject to the following restrictions: Any future release, update or other addition to the HappyPet Platform shall be subject to the Terms. HappyPet, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorised use of the HappyPet Platform terminates the licences granted by HappyPet pursuant to the Terms.
    8. You should not licence, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the HappyPet Platform or any portion of the HappyPet Platform, including the Site; c. frame or utilise framing techniques to enclose any trademark, logo, or other property (including images, text, page layout or form) of HappyPet; d. use any metatags or other “hidden text” using HappyPet’s name or trademarks; e. access the HappyPet Platform in order to build a similar or competitive website, application or service; f. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies, and standards; g. use the HappyPet Platform or Collective Content (as defined in Section 4) for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies HappyPet endorsement, partnership or otherwise misleads others as to your affiliation with HappyPet; h. copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the HappyPet Platform in any way that is inconsistent with HappyPet’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties; i. use the HappyPet Platform in connection with the distribution of unsolicited commercial messages ("spam"); j. offer, as a Breeder, any Breeder Services that you do not yourself own or have permission to make available; k. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour; l. dilute, tarnish or otherwise harm the HappyPet brand in any way, including through unauthorised use of Collective Content, registering and/or using HappyPet or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to HappyPet domains, trademarks, taglines, promotional campaigns or Collective Content; m. use any robot, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the HappyPet Platform for any purpose; n. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by HappyPet or any of HappyPet's providers or any other third party to protect the HappyPet Platform; o. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the HappyPet Platform; p. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the HappyPet Platform; q. export, re-export, import, or transfer the Application except as authorised by Indian law, the export control laws of your jurisdiction, and any other applicable laws; or r. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
    9. The access to, or use of, certain areas and features of the HappyPet Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions (“Supplemental Terms”). If there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will take precedence with respect to your access to, or use of, that area or feature, unless specified otherwise.
    10. You acknowledge that HappyPet has no obligation to monitor the access to, or use of, the HappyPet Platform by any Member or to pre-screen, review, disable access to, refuse, remove, or edit any Member Content, but has the right, in its sole discretion, to do so. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. Without limiting the foregoing, HappyPet shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
    11. Members agree to cooperate with and assist HappyPet in good faith, and to provide HappyPet with such information and take such actions as may be reasonably requested by HappyPet with respect to any investigation undertaken by HappyPet or a representative of HappyPet regarding the use or abuse of the HappyPet Platform.
    12. If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who, (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of being dishonest, or (iii) engages in any other disturbing conduct, you should immediately report such person to HappyPet by contacting us; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
    13. If HappyPet becomes aware of any possible violations by you of the Terms, HappyPet reserves the right to investigate such violations. If, as a result of the investigation, HappyPet believes that criminal activity has occurred, HappyPet reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. HappyPet is entitled, except to the extent prohibited by applicable law, to disclose any information or materials related to Listings or Breeder Services, including Member Content and Membership Data, in HappyPet’s possession in connection with your use of the HappyPet Platform, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms, (iii) respond to any claims that Member Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of HappyPet, its Members or the public, and all enforcement or other government officials, as HappyPet in its sole discretion believes to be necessary or appropriate.
  3. Content
    1. The Services consist of interactive features that may allow Members, in Good Dog’s sole discretion to, (i) create, upload, post, transmit, and/or store (“Make Available”) content, including but not limited to, photos, text, graphics, audio, video, items, or other materials or information on, or through, the Happy Pet Platform (collectively, "Member Content"), and (ii) access and view Member Content and any content that Happy Pet itself makes available on, or through, the Happy Pet Platform, including proprietary Happy Pet content and any content licensed or authorized for use by, or through, Happy Pet from a third party ("Happy Pet Content" and, together with Member Content, "Collective Content"). You acknowledge that all Collective Content is the sole responsibility of the party from which the Collective Content originated. This means that you, and not Happy Pet, are entirely responsible for all Member Content you Make Available through the Happy Pet Platform, and other Members of the Happy Pet Platform, and not Happy Pet, are similarly responsible for all Member Content they Make Available through the Happy Pet Platform.
    2. The Happy Pet Platform and Collective Content may in its entirety, or in part, be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Happy Pet Platform and happy pet Content, including all associated intellectual property rights, are the exclusive property of Happy Pet and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying, the Happy Pet Platform or Collective Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Happy Pet used on, or in, connection with the Happy Pet Platform and Happy Pet Content are trademarks or registered trademarks of Happy Pet. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on, or in, connection with the Happy Pet Platform and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
    3. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Happy Pet Platform or any Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned, or controlled by, happy pet, its licensors, or licensees, except for the licenses and rights expressly granted in these Terms.
    4. You are the owner of your Member Content. Happy Pet does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content. By Making Available any Member Content on, or through, the Happy Pet Platform, you grant to Happy Pet a fully-paid, non-exclusive, worldwide, royalty-free, sublicensable right (including any moral rights) and license to (i) store such Member Content, (ii) use, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display such Member Content (x) on the Happy Pet Platform and (y) promote Happy Pet, the Services, and the Happy Pet Platform in media or on other platforms during the term of these Terms.
    5. You are solely responsible for all Member Content that you Make Available on, or through, the Happy Pet Platform. Accordingly, you represent and warrant that, (i) you either are the sole and exclusive owner of all Member Content that you make available on, or through, the Happy Pet Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Happy Pet the rights in, and to, such Member Content, as contemplated under these Terms, and (ii) neither the license granted herein or your Making Available of the Member Content or Good Dog’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    6. You will not post, upload, publish, submit or transmit any Member Content that, (i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive, (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive, (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, (iv) is violent or threatening or promotes violence or actions that are threatening to any other person, (v) promotes illegal or harmful activities or substances; or (vi) violates any other Happy Pet policy. Happy Pet may, without prior notice, remove or disable access to any Member Content that Happy Pet finds to be in violation of these Terms or Good Dog’s then-current policies or standards, or otherwise may be harmful or objectionable to Happy Pet, its Members, third parties, or property.
    7. HappyPet respects copyright law and expects its Members to do the same. If you believe that any content on the HappyPet Platform infringes copyrights you own, please notify us.
  4. HappyPet Breeder Policies
    1. HappyPet is committed to creating a responsible and trusted community, and has pledged to support, promote, advocate for, and protect Breeders. b. The terms of the Breeder Policy are set forth within these Terms. Breeders should contact hello@happypet.care whenever any issue arises. Breeders agree to (i) act in good faith with members, (ii) provide potential members with transparent information regarding Breeders’ practices and policies, including, but not limited to, any deposit and/or waitlist policies, and (iii) keep their Account with HappyPet in good standing, with no outstanding balances owed to HappyPet or any members. Any violations to this Section or these Terms, may necessitate a removal and/or ban from the HappyPet community, such consequences to be determined in HappyPet’s sole discretion.
    2. The Breeder Policy is not intended to and shall not be construed to give any other person or entity any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. HappyPet reserves the right, in its sole and absolute discretion, to eliminate the Breeder Policy altogether or change, modify or delete any of the terms of the Breeder Policy at any time, effective with or without prior notice and without any liability to HappyPet. HappyPet will endeavour to notify you of material changes by email, but will not be liable for any failure to do so.
    3. Breeders. Each Breeder appoints Happy Pet as its agent for the limited purpose of receiving, holding, and settling payments to Breeder. Happy Pet will settle payments that are actually received by Happy Pet to each Breeder, less any amounts owed to Happy Pet and subject to these Terms. Each Breeder agrees that a payment from a Buyer received by Happy Pet, on behalf of Breeder, satisfies the Buyer's obligations to make payment to the Breeder, regardless of whether Happy Pet actually settles such payment to the Breeder. If Happy Pet does not settle any such payments as described in these Terms to a Breeder, such Breeder will have recourse only against Happy Pet and not the Buyer.
  5. Terms Specific to Breeders
    1. You agree to comply with HappyPet’s rules for posting Listings.
    2. When creating a Listing through the HappyPet Platform you must provide accurate information about your Breeder Service. You may disclose any restrictions and requirements that apply and provide any other pertinent information. You are responsible for the content on your Listing, keeping your Listing information accurate and up-to-date, and the items offered.
    3. Any terms and conditions included in your Listing, must not conflict with these Terms.
    4. Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality, specifics, and condition of your Breeder Services.
    5. The placement and ranking of Listings in search results on the HappyPet Platform may vary and depend on a variety of factors, such as, but not limited to, members’ search parameters and preferences, Breeder’s litter and puppy availability, practices or requirements, price, number and quality of Images, customer service and cancellation history, and/or Reviews.
    6. Your Listing may not be immediately searchable by keyword or category for several hours.
    7. You acknowledge and agree that a legally binding contract is formed when you agree on the terms of the sale of a dog with a Buyer. You agree that HappyPet is not a party to any such agreement.
    8. You represent and warrant that any Listing you post and the purchase of a dog will (i) not breach any agreements you have entered into with any third parties, such as other members, or other agreements, and (ii) comply with all applicable laws Tax requirements, and other rules and regulations (including having all required permits, licences and registrations). As a Breeder, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals acting on your behalf or as your agent.
    9. You represent and warrant that you, (i) understand and comply with all laws, rules and regulations that may apply to your Listing or Breeder Service(s), and (ii) have obtained any required licences, permits, or registrations.
  6. Terms Specific to members
    1. You can inquire about a Listing available on the HappyPet Platform by following the respective inquiry process. Subject to meeting the requirements (such as, completing any applications, interviews, references, or other verification processes) set by the Breeder, you may contact a breeder to purchase a dog in a Listing.
    2. HappyPet does not transfer legal ownership of dogs or Breeder Services from Breeders to members.
    3. If you purchase a dog on behalf of any other persons, you are required to ensure that every additional person meets any requirements set by the Breeder, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Breeder. If you are purchasing for another person who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Minors may only purchase a dog if sponsored and guaranteed by an adult who is responsible for them, and such adult shall be responsible for any dog(s) purchased.
  7. Reviews
    1. Within a certain time frame after completing an interaction, Breeders and members can submit a review ("Review") about each other. Any Reviews reflect the opinion of individual Members and do not reflect the opinion of HappyPet. Reviews are not verified by HappyPet, and each Member should undertake his or her own research to be satisfied concerning any specific Member. You agree that HappyPet is not liable for any Reviews.
    2. Reviews by Breeders and members must be fair, truthful, and factual and may not contain any offensive or defamatory language. Reviews must comply with HappyPet’s policies. HappyPet reserves the right to remove any Reviews for any reason at any time.
    3. Members are prohibited from manipulating the Reviews system in any manner, such as instructing a third party to submit a positive or negative Review about another Member.
  8. Disputes between Members
    1. You are solely responsible for your interactions with other Members and any other parties with whom you interact through the HappyPet Platform; provided, however, that HappyPet reserves the right, but has no obligation, to intercede and assist in such disputes.
    2. Members agree to cooperate with, and assist, HappyPet in good faith, and to provide HappyPet with such information and take such actions as may be reasonably requested by HappyPet, in connection with any complaints or claims made by Members relating to Listings, Members, or Breeder Services. A Member shall, upon HappyPet's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by HappyPet or a third party selected by HappyPet or its insurer, with respect to losses for which a Member is requesting payment from another Member or from HappyPet.
  9. Taxes
    1. As a Breeder you are solely responsible for determining your obligations to report, collect, remit or include in your List Price any applicable VAT or other indirect sales taxes, income taxes, or other taxes ("Taxes").
  10. Term and Termination, Suspension, and other Measures
    1. Subject to this Section, these Terms will remain in full force and effect while you use the HappyPet Platform.
    2. You may terminate this Agreement at any time by sending an email to hello@happypet.care and cancelling your HappyPet Account.
    3. Without limiting our rights specified below, HappyPet may terminate this Agreement for convenience at any time by giving you notice via email to your registered email address.
    4. HappyPet may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, our policies, or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) HappyPet believes in good faith that such action is reasonably necessary to protect the personal safety or property of HappyPet, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
    5. In addition, HappyPet may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, (ii) if you have breached these Terms, our policies or standards, applicable laws, regulations, or third party rights, (iii) if you have provided materially inaccurate or fraudulent information during the HappyPet Account registration, Listing process or thereafter, (iv) if you and/or your Listings or Breeder Services at any time fail to meet any applicable quality or eligibility criteria, (v) if you have repeatedly received poor Reviews or HappyPet otherwise becomes aware of or has received complaints about your performance or conduct, (vi) if you have repeatedly failed to respond to Members inquiries without a valid reason, or (vii) if HappyPet believes in good faith that such action is reasonably necessary to protect the personal safety or property of HappyPet, its Members, or third parties, or to prevent fraud or other illegal activity: a. refuse to surface, delete or delay any Listings, Reviews, or other Member Content; b. cancel any pending or confirmed transactions; c. limit your access to, or use of, the HappyPet Platform; d. temporarily or permanently revoke any special status associated with your HappyPet Account; or e. temporarily or permanently suspend your HappyPet Account.
    6. In the case of non-material breaches and where appropriate, in HappyPet’s sole discretion, you will be given notice of any intended measure by HappyPet and an opportunity to resolve the issue to HappyPet's sole satisfaction. When this Agreement has been terminated, you are not entitled to a restoration of your HappyPet Account. If your access to, or use of, the HappyPet Platform has been limited or your HappyPet Account has been suspended or this Agreement has been terminated by us, you may not register a new HappyPet Account or access or use the HappyPet Platform through an Account of another Member.
    7. If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
  11. Disclaimers
  12. 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.

  13. Liability
  14. 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.

  15. Release
    1. You hereby release the HappyPet Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the HappyPet Platform, including but not limited to, any interactions with or conduct of other Member or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the HappyPet Platform. HappyPet expressly disclaims any liability that may arise between Members. If you have a dispute with one or more Members, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
  16. Indemnification
    1. You agree to release, defend (at HappyPet’s option), indemnify, and hold HappyPet and its affiliates and subsidiaries, and our and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of, or in any way connected with, (i) your breach of these Terms or our policies or standards, (ii) your improper use of the HappyPet Platform or any Services, (iii) your interaction with any Member or purchase or sale of any dog or Breeder Service through the HappyPet Platform, in each case, including, without limitation, any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with, or as a result of, such interaction or transaction, or (iv) your breach of any laws, regulations or third party rights.
  17. Applicable Law and Jurisdiction
    1. You agree that, except to the extent inconsistent with or preempted by law, the laws of the State of Karnataka, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and HappyPet, except as otherwise stated in this Agreement.
  18. Community Concerns and Feedback
    1. We look to you for support with accountability through community-wide ongoing monitoring and enforcement. We encourage you to submit any concerns or complaints about any of our Members to hello@happypet.care. All concerns are investigated by our screening department and our Compliance Committee
    2. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the HappyPet Platform ("Feedback"). You may submit Feedback by emailing hello@happypet.care, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a fully-paid, non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use and publish those ideas and materials for any purpose, without compensation to you.
  19. Copyright Policy
    1. HappyPet is committed to complying with Indian copyright law and to respond to claims of copyright infringement. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the HappyPet Platform who are infringers of intellectual property rights, including copyrights. HappyPet will promptly process and investigate notices of alleged infringement and will take appropriate actions
  20. General Provisions
    1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between HappyPet and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between HappyPet and you in relation to the access to and use of the HappyPet Platform.
    2. Unless otherwise expressly stated herein, no joint venture, partnership, employment, or agency relationship exists between you and HappyPet as a result of this Agreement or your use of the HappyPet Platform.
    3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
    4. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
    5. HappyPet’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
    6. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without HappyPet's prior written consent. HappyPet may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
    7. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by HappyPet via email, the HappyPet Platform notification, telephone, or other messaging service (including SMS). The date of receipt will be deemed the date on which HappyPet transmits the notice. For contractual purposes, you (i) consent to receive communications from HappyPet in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that HappyPet provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing..

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