SHVANA Terms & Conditions
Welcome to Shvana.in ("Company," "we," "our," or "us"). This Terms of Service Agreement ("Agreement") governs your access to and use of our website located at https://shvana.in ("Website") and the services provided therein ("Services"). By accessing or using the Website and Services, you ("User" or "you") signify your assent to be bound by these terms. If you do not concur with these terms, please refrain from using our Website or Services.
THE DISPUTE RESOLUTION SECTION IN SECTION 22 OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CRIMINAL ACTION WAIVER THAT REQUIRES YOU AND SHVANA TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS CAREFULLY. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
The Services include a marketplace technology platform that enables third-party pet owners (“Pet Owners”) and third-party pet care service providers (“Pet Care Providers” which includes Kennel Experts, Groomers, Boarding, Trainers / Behaviourists, Veterinarians, Pet Essentials Provider, Pet Pharmacies, Devoted Female Dog Owners, Special Care Needs Provider, Insurance Provider and Pet Transport Provider) to connect with each other. Shvana has no control over the conduct of Pet Care Providers or any other users of the Services. YOU ACKNOWLEDGE AND AGREE THAT SHVANA IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES.
By agreeing to these Terms, and/or by using or accessing the Services (including without an account), you expressly acknowledge that you understand and accept all of the terms (including the dispute resolution and arbitration provisions below). BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
We retain the right, at our sole discretion, to amend this Agreement at any time. Any modifications will take effect immediately upon posting the revised Agreement on the Website. Your continued utilization of the Website and Services following any such modifications constitutes your acceptance of the new terms.
Our Privacy Policy, Refund Policy, and other Policies applicable to your use of the Services are incorporated by reference into these Terms (the “Additional Terms”), as updated from time to time. BY ACCESSING OR USING THE SERVICES, YOU ACCEPT THESE ADDITIONAL TERMS. We will make Additional Terms available for you to read through the Services. If you do not agree to abide by the Additional Terms, you automatically opt out of and are prohibited from using the Services. If you violate the provisions of the Additional Terms, Shvana may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Services in whole or in part. By continuing to use the Services, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the Services. Please review the Additional Terms periodically to ensure you are up-to-date with any changes.
You expressly consent to receive and accept communications from Shvana, our Affiliates (as defined below), and their respective representatives, including via email, telephone calls, text messages (including by an automatic telephone dialing system or a prerecorded voice), push notifications, or other comparable means at any of the email addresses and/or telephone numbers provided by you or on your behalf to Shvana. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, debt/dues collection, account administration, or other purposes. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PRERECORDED OR AUTODIALED PROMOTIONAL, ADVERTISING, OR MARKETING (COLLECTIVELY, “MARKETING”) CALLS OR TEXT MESSAGES AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES. IF YOU WISH TO OPT OUT OF MARKETING CALLS, EMAILS, OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS OR BY CONTACTING CUSTOMER SUPPORT AT +918123637941 OR SUPPORT@SHVANA.IN. If you receive a marketing call from Shvana, you also may opt-out of receiving future marketing calls by communicating a do-not-call request to our representative before you hang up. You agree that Shvana and our Affiliates and representatives will not be responsible for honoring opt-out requests communicated through other channels. If you wish to register an account with Shvana without agreeing to receive autodialed or prerecorded calls or text messages for marketing purposes, please contact customer support at support@shvana.in for more information.
To utilize our Website and Services, you must be at least 18 years old. Byusing our Website, you represent and warrant that you meet this age requirement. Certain features of the Website may necessitate the creationof an account. You agree to furnish accurate and complete informationduring the registration process and to promptly update your informationas needed. You are solely responsible for maintaining the confidentialityof your account credentials and for all activities occurring under your account.
We may offer an authentication service to verify your identity. By usingthis service, you consent to provide accurate information and acknowledge that failure to do so may result in limitations on your accessto certain features of the Website and Services.
The Services include a marketplace technology platformthat connects Pet Care Providers with Pet Owners. We do not provide any pet care servicesand make no representations or warranties about the quality of pet walking, boarding, sitting, transportation, or other services providedbyPet Care Providers, or about your interactions and dealings with Pet CareProviders or other users. Shvana does not employ, recommend, or endorse Pet Owners or Pet Care Providers, and we are not responsibleor liable for the performance or conduct of Pet Owners or Pet Care Providers, whether online or offline. Shvana does not procure insurance for Pet Owners (or their pets) or Pet Care Providers, nor is Shvana responsible for the property of Pet Owners or Pet Care Providers. Shvana provides Pet Care Providers with access to third-party vendors that perform background checks and verification's. Shvana itself does not conduct background checks and does not independently verify information in the background checks. Shvana is not responsible or liablein any manner for the background checks.
As a Pet Owner, you understand that the use of the Services may result in you owing fees to the Pet Care Provider for the pet care services you receive from such Pet Care Provider. Shvana will facilitate your payment of the applicable charges on behalf of the Pet Care Provider through third-party payment processors, with whom you will be required to establish an account to access the Services. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Pet Care Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable regardless of your decision to terminate usage of the Services, Shvana’s decision to terminate your usage, any disruption of the Services, or any other reason whatsoever, unless otherwise determined by Shvana.
All charges are due immediately and Shvana, or a third-party payment processor, will process your payment on the Pet Care Provider’s behalf using the primary payment method designated by you in your Shvana account. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Shvana may, as the Pet Care Provider’s limited payment collection agent, use a secondary payment method in your account, if available.
Pet Owners and Pet Care Providers transact with each other on the Shvana marketplace technology platform when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for the provision of pet care services via the booking mechanism provided on the Shvana marketplace technology platform. You may choose to transact with certain Pet Care Providers from time to time based on a variety of factors in your discretion, such as your desired price range, a Pet Care Provider’s pet service price rate, a Pet Care Provider’s profile, and a Pet Care Provider’s star ratings and reviews.
Once you request a pet care service, you agree to pay the Pet Care Provider the agreed-to price and honor the other terms of such booking. You may elect to cancel your request for services from a Pet Care Provider at any time prior to such Pet Care Provider’s arrival, in which case you may be subject to a cancellation fee.
The fees owed to Pet Care Providers are not inclusive of tip or gratuity for the Pet Care Provider. While you are free to provide gratuity to any Pet Care Provider who provides you with services obtained through the Services, you are under no obligation to do so. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Pet Care Provider.
In addition to the above fees, you understand and acknowledge that you may incur ancillary charges in connection with your receipt of pet care services from Pet Care Providers (“Charges”). Such Charges may include some combination of the following: (1) cancellation fee, (2) service, booking, or platform usage fee, (3) trust and safety fee, (4) surcharges, (5) convenience fee, and (6) other fees. A description of any Charges will be available on the Services. You have absolute discretion to request or not request services from a Pet Care Provider if the total applicable fee or charge is not acceptable to you.
From time to time, Shvana may, in its sole discretion, make available certain promotions, offers, credits, rewards, subscriptions, or referral links or codes to Pet Owners (the “Promotions”). Such Promotions will be provided to Pet Owners via the Services, by email, or otherwise made available electronically by Shvana. Such Promotions are only valid for redemption through the Services and are not transferable or redeemable for cash except as required by law. Each Promotion is a limited time offer and is valid only for the time and purpose and under the terms and conditions specified therein, which may include eligibility, time, and location requirements. Shvana, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers, or deals to any users or groups of users determined solely by Shvana. These Promotions, unless made to you, shall have no bearing whatsoever on your use of the Services or any Promotions offered to you. Shvana reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions that were made in error or obtained through fraud or suspected illegal behavior, or where the Pet Owner was found to be in violation of the terms of such Promotion, these Terms, or the Additional Terms. Promotions may be modified, disabled, or withdrawn by Shvana at any time for any reason or no reason without liability to Shvana.
You acknowledge and agree that Shvana may limit or temporarily or permanently suspend your use of or access to the Services if: (1) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a payment method, (2) any amounts you owe for pet care services are overdue or in default, or (3) Shvana believes in good faith that such action is reasonably necessary to protect the personal safety or property of Shvana, our users, any third-party payment processor or third parties, or to prevent fraud or other illegal activity.
As a Pet Care Provider using Shvana's Services, you agree out of your own free will to pay any platform fees and promotional fees that may be charged by Shvana for the purpose of listing and positioning your services on the Shvana marketplace technology platform. These fees are subject to change at Shvana's discretion and will be communicated to you through the Services. By continuing to use the Services, you acknowledge and agree to these fees and any future amendments thereto. You understand that these fees are necessary for maintaining and enhancing the platform’s functionality, promoting your services, and ensuring a high-quality user experience for all members of the Shvana community.
Upon the addition of a new payment method or each pet care service request, Shvana may seek authorization of your selected payment method to verify the payment method, ensure the pet care service charges will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of the authorization exceed the total funds on deposit in your account, you may be subject to overdraft or NSF charges by the bank issuing your credit, debit, or prepaid card. Shvana cannot be held responsible for these charges and is unable to assist you in recovering them from your issuing bank.
Shvana reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
You agree not to engage in any of the following activities:
The Services allow you to upload, submit, store, send, or receive data, information, and content (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your personal data.
When you upload, submit, store, send, or receive User Content to or through the Services, you grant Shvana and its affiliates a non-exclusive, irrevocable, sublicensable, fully-paid, and royalty-free license to use, host, store, reproduce, modify, create derivative works (including, but not limited to, translations, adaptations, or other changes to ensure User Content works better with the Services), publicly perform, publicly display, and distribute your User Content. This is to operate, promote, market, and improve our Services. Our rights under this license extend globally and are perpetual, meaning they continue even after you stop using the Services. However, we generally only use your User Content for as long as you choose to store it with us using the Services. You warrant that:
Shvana reserves the right to refuse to accept or transmit User Content for any reason. We may use, share, and display your User Content (including Pet Owners’ reviews of Pet Care Providers and vice versa) in any manner in connection with our business without attribution to you or your approval. You acknowledge and agree that Shvana acts as a distributor (without any obligation to verify) and not as a publisher of your User Content or reviews. We reserve the right to monitor, screen, edit, or remove your User Content or reviews if they include obscenities, other objectionable content, personal information, or violate any laws or Shvana’s content policies. Our failure to enforce these rights in one instance does not waive our right to enforce them in another. We are not obligated to provide you with copies of your User Content, nor will we have any liability for any deletion, disclosure, loss, or modification of your User Content.
If your User Content includes your name, image, likeness, or voice, you grant us permission to use these, and you release us from any liability arising from such use, including claims for invasion of privacy, infringement of your right of publicity, and defamation (including libel and slander).
Shvana offers an in-app chat feature to better connect Pet Owners with Pet Care Providers. Data, information, and content sent through the chat feature are considered User Content and are subject to these Terms. We can access this User Content and reserve the right (but have no obligation) to monitor, screen, edit, or remove it. Users should be cautious when sharing information with third parties and avoid disclosing sensitive information such as personal financial details, account log-in information, passwords, and personal contact information.
The Services may allow for public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Policy. Shvana has no obligation to preserve or indefinitely store any reviews. If you are a Pet Care Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users, whether before or after the termination of your account for the Services. We will have no liability for any deletion, disclosure, loss, or modification of these reviews. We reserve the right to screen, edit, or remove these reviews from the Services at any time.
As a Pet Owner, you hereby represent, covenant, and warrant to Shvana and each Pet Care Provider who provides you with pet care services that:
If you elect to use the Services, you agree to provide accurate information about yourself and your pet and keep this information up-to-date, including any material information or medical data of your pet.
You acknowledge and agree that if you allow another person to access your account or if you request pet care services for a pet that is not your own, in each case in violation of these Terms, you and such other person will be jointly and severally liable for all acts and omissions in connection with engaging the Services, including all costs incurred or associated with such engagement.
You are fully responsible for the actions of your pet(s). You understand, acknowledge, and agree that, as between you and Shvana, you shall be liable for any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to the behavior of your pet(s), including without limitation, claims by third parties (including Pet Care Providers) for damage, loss, or injuries resulting from bites or attacks on such third parties by your pet(s). Incidents, injury, damage, or loss caused by your pet may be governed by applicable state liability laws. Shvana will cooperate with appropriate law enforcement authorities to provide requested information regarding the situation. If you elect to use a Pet Care Provider through the Services, you shall carry applicable liability insurance sufficient for the pet care services you request, the risks associated with such services, and as mandated by law. Be sure to review your applicable policy(ies) and address any questions regarding appropriate liability coverage with your insurance carrier and/or legal representatives prior to utilizing a Pet Care Provider through the Services.
You understand and agree that any Pet Care Provider from whom you may seek or obtain pet care services via the Services is an independent contractor, and not a partner, joint venturer, agent, legal representative, employer, worker, or employee of Shvana. Pet Care Providers have no ability or authority to represent Shvana or otherwise make statements or commitments on Shvana’s behalf.
Pet Care Providers have the sole and absolute discretion to reject or refuse any pet care services that you may request, including if they violate any law or regulation, are dangerous or unsafe, or otherwise violate these Terms or the Additional Terms. If you, in your sole discretion, choose to provide equipment to Pet Care Providers, Pet Care Providers have the right to refuse a pet care service that involves a retractable leash, which can be dangerous for pets and Pet Care Providers alike, and may cause a safety hazard. You acknowledge and agree that you will assume all liability in connection with providing a retractable leash. In addition, we encourage Pet Owners to request only on-leash services. Please note that for safety reasons, puppies, kittens, or other pets that are six (6) months or younger may be restricted from certain types of services offered via the Shvana platform or be subject to limited service offerings tailored specifically to young pets.
If your Pet Care Provider or Shvana reaches you with a request to authorize medical care for your pet and you refuse, you waive, release, and promise never to assert any claims or causes of action arising from failure to seek such care, whether or not known at the time of such refusal, against Shvana or its predecessors, successors, past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns, or the applicable Pet Care Provider with respect to any matter, including (without limitation) any claims of negligence, emotional distress, fraud, breach of contract, or breach of the covenant of good faith and fair dealing.
You are responsible for your use of the Services, and for any use of the Services made using your account. Our aim is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third parties, or to us. When you use the Services, you may not:
In the event of a violation of this Agreement, we reserve the right to suspend or terminate your access to the Website and Services at our sole discretion. We further retain the right to pursue any appropriate legal remedies, including civil, criminal, and injunctive relief.
You agree that all telephone conversations between you and Shvana (or our Affiliates and representatives), or other platform users when made via the platform, may be monitored and recorded for quality assurance and training purposes.
We collect and process personal data in accordance with our Privacy Policy. Your use of our Website and Services signifies your consent to the collection, use, and disclosure of your information as outlined in the Privacy Policy. While we employ reasonable security measures to protect your personal data, we cannot guarantee absolute security and are not liable for unauthorized access to your account or data. We retain personal data only for as long as necessary to provide the Services and fulfill other legitimate business purposes, including compliance with legal obligations.
The Services may contain links to other websites and online resources, and the Services may be made available or accessed in connection with third-party services and content (including advertising) that Shvana does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party websites, services, and content. Shvana does not endorse such third-party websites, services, and content, and in no event shall Shvana be responsible or liable for any damage or loss related to the use of websites, products, services, or content of such third-party providers.
Reviews, profiles, advice, opinions, statements, offers, postings, or other information or content made available through the Services, but not directly by Shvana, are those of their respective authors, who are solely responsible for such content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHVANA DOES NOT: (A) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES; OR (B) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SHVANA.
These Terms apply to your use of the Services, including the Shvana applications (each an “Application”) made available by third-party providers such as Apple Inc. and Google Inc. (each a “Provider”) through their respective online stores, but the following additional terms also apply to each Application:
Pet Care Providers (when the Terms are agreed to between Shvana and a Pet Owner) and Pet Owners (when the Terms are agreed to between Shvana and a Pet Care Provider) are each a third-party beneficiary of these Terms. Upon acceptance of these Terms, the Pet Care Provider or Pet Owner (respectively) will have the right (and will be deemed to have accepted the right) to enforce these Terms as the third-party beneficiary hereof, including without limitation the Arbitration Agreement & Waiver of Certain Rights.
Our Website utilizes cookies to enhance your browsing experience, personalize content, and analyze traffic. Cookies are small text files stored on your device when you visit our Website. By using our Website, you consent to our use of cookies as described in our Privacy Policy. You can manage your cookie preferences through your browser settings, although disabling cookies may impact the functionality of certain Website features.
Except for User Content, Shvana owns or has the license to all rights, titles, and interests in and to:
The Services, Our Content, and Marks are protected under Indian and international laws. The look and feel of the Services are copyright © Shvana. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Shvana.
All content on the Website, including text, graphics, logos, images, and software, is the intellectual property of Shvana.in or its licensors and is protected by applicable intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on the Website without obtaining our prior written consent.
Promotional codes offered by Shvana.in are subject to specific terms and conditions, including validity periods, non-transferability, and restrictions on combining with other offers. We reserve the right to modify or cancel promotional codes at any time without prior notice.
YOU USE THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHVANA AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, SHVANA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, PRODUCTS OFFERED FOR SALE THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. SHVANA AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES.
YOU FURTHER ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, DATA, AND/OR CONTENT. WE HAVE NO OBLIGATION TO PROVIDE SECURITY. YOU SHALL HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS, AND OWNERSHIP OF ALL OF YOUR DATA AND USER CONTENT THAT MAY APPEAR ON THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY PETS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. FURTHERMORE, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE, OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR ADDITIONAL TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations. While we aim to display product colors and images as accurately as possible, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to correct or update any information, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order), but disclaim any obligation to do so except as required by law.
You are solely responsible for determining whether products are suitable for use or consumption by your pet. Any nutrition, ingredient, allergen, or other product information is provided by the product manufacturers or suppliers and may be modified by the manufacturers from time to time. Shvana does not represent or warrant that such information is accurate or complete, and we recommend that you do not rely solely on the information presented. Please consult the product label or contact the manufacturer directly if you have a specific dietary or allergic concern or any other question about a product.
You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of the bargain between the parties.
The Services relating to pet health (the “Health Related Services”) are provided for informational purposes only. The Health Related Services do not provide medical or veterinary advice or any medical, veterinary, healthcare, or wellness service. The Health Related Services are not a substitute for the professional judgment of a veterinary or other medical professional and are not in any way intended to substitute for or override professional veterinary advice, diagnosis, or treatment. Always seek the advice of your veterinarian or other qualified health provider with any question you may have regarding a pet’s medical condition. If you think your pet may have a medical emergency, call your veterinarian, animal control, PETA, or emergency services for help immediately.
You also acknowledge and agree that communications on or through the Health Related Services, including without limitation, User Content, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., veterinarian-pet). No matter the qualifications of the person answering your question, by using the Health Related Services, including but not limited to, “Ask a vet” and live digital consultations, you expressly acknowledge that the Health Related Service is NOT a substitute for veterinary care (whether emergency or otherwise), and you further acknowledge that we, the veterinarians, and the Pet Care Providers cannot provide advice or consultation over the internet regarding any specific medical condition (whether of an emergency nature, or otherwise) without a thorough and proper physical evaluation of the pet. In addition, the quality of the responses provided by the veterinarians and Pet Care Providers will be influenced directly by the quality of the question asked (and the completeness and accuracy of the information conveyed by the person asking the question), of which we, the veterinarians, and the Pet Care Providers have no control. If your pet is sick, injured, or otherwise in need of medical attention, you agree to contact your regular veterinarian or local emergency provider of veterinary services immediately, as neither Shvana nor the Health Related Services is the appropriate venue to deal with such situations.
You also expressly acknowledge and agree that in the case where one of the Pet Care Providers who is a licensed veterinarian answers your question(s), a veterinarian-client patient relationship is NOT and will NOT be established, and that the Health Related Services will NOT be able to diagnose, treat, or prescribe any medication for your pet. You further acknowledge that the laws, regulations, other governing authorities, standards, practices, and procedures that apply to your particular question may differ depending upon your location or upon the information that typically would be discovered through in-person (or in-pet) evaluations or visits. By using the Health Related Services, you understand that any licensed veterinarian that answers your question(s) is NOT your pet’s veterinarian, and that the information they provide to you is NOT a substitute for in-person veterinary diagnosis and/or treatment.
Please be advised that nothing transmitted to or via the Health Related Services constitutes the establishment of a veterinarian-client-patient relationship between you (or your pet) and any professional.
We highly recommend that you always seek the advice of your veterinarian or other qualified provider with any questions that you may have regarding your pet’s medical condition, and that you do not disregard their advice (or delay seeking their advice) because of something that you have read or otherwise been provided through the Health Related Services.
Shvana is not licensed insurance entities and do not offer, administer, solicit, market, sell, underwrite, or in any way engage in the business of insurance. All insurance products are offered and administered by independent third-party insurance providers. Shvana make no representations or warranties about the accuracy or completeness of content available on the insurance products or sites linked from this webpage. The information you see on the Shvana Wellness information portal may be different from what you see when you visit a pet insurance provider or specific pet insurance site. When evaluating offers, please review the insurance provider’s Terms and Conditions.
You agree to indemnify and hold harmless Shvana.in and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Website or Services, your violation of this Agreement, or your infringement of any third-party rights.
This Agreement shall be governed by and construed in accordance with the laws of Bengaluru, India, without regard to conflict of law principles. Any disputes arising from this Agreement or your use of the Website or Services shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka, India.
Any dispute, controversy, or claim arising out of or relating to your use of Shvana's services, these Terms, or your relationship with Shvana shall be resolved by binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration will be conducted in Bengaluru, Karnataka, India, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on all parties. By agreeing to these terms, you waive your right to sue in court or have a trial by jury.
Under no circumstances will Shvana be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of India, without giving effect to any conflict of laws rules or provisions. In the event that the Arbitration Agreement above is found not to apply to you or a particular claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms or Services will be filed only in the courts located in Mumbai, Maharashtra. You and Shvana consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
YOU AND SHVANA HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THESE TERMS, YOUR RELATIONSHIP WITH SHVANA, OR YOUR RECEIPT OF ANY COMMUNICATIONS FROM SHVANA.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not be deemed a waiver and will not prevent us from enforcing such right or provision in the future.
We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law. You may not assign any rights or obligations under these Terms without the prior written consent of Shvana, and any purported assignment in violation of this provision shall be null and void.
By subscribing to our Services during this initial launch phase, you acknowledge and agree that:
For questions regarding returns or cancellations, please contact us at support@shvana.in.
By using our Website and Services, you acknowledge that you have read, understood, and agreed to be bound by this Terms of Service Agreement.
Effective Date: 29 July, 2024
