Welcome to the Bowl and Pet website at https://www.bowlandpet.in (the “Site”). These Terms and Conditions of Service (this “Agreement”) apply to those who visit and use the Site (such users, collectively or individually “Users”) and to all services provided by Bowl and Pet in connection with the Site (such services together with the Site, the “Services”), including our subscription pet food service.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT (AMONG OTHER THINGS) PROVIDES IN SECTION 24 THAT YOU AND Bowl and pet WILL ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND THAT YOU WILL NOT BRING CLASS ACTION CLAIMS AGAINST BOWL AND pet. IT ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
BEFORE VIEWING OR BROWSING THE SITE OR USING THE SERVICES, PLEASE READ THIS AGREEMENT CAREFULLY. BY COMPLETING A PURCHASE ON bowlandpet.in, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THIS AGREEMENT CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE WITH ANY ASPECT OF THIS AGREEMENT, THEN DO NOT COMPLETE A PURCHASE.
Note for Children. Use of the Site by anyone under the age of 13 is prohibited. By using the Site, you represent and warrant that you are at least 13 years of age. Additionally, the Services are available only to, and may only be used by, individuals who are 18 years and older and can form legally binding contracts under applicable law.
Privacy Policy. Bowl and pet’ Privacy Policy, found at https://www.bowlandpet.in/privacy, is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
Individual Features and Services. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services, offers, and features, which may be posted from time to time, including guidelines for pausing or canceling the Services available in the password-protected member account management area at http://www.bowlandpet.in/users/login (the “Guidelines”). All such Guidelines are hereby incorporated by reference into this Agreement. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, or services provided through one or more of our partners or business associates, and you should refer to those before using such services.
Modification. We may make modifications, deletions, and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Service user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
Registration and Membership; Product Sales. In order to start your ongoing Bowl and pet monthly subscription, you must register as a member on our Site using either Google or Facebook Social Login IDs. To register, you must provide information about your pet (including its name and size), your selected subscription plan and shipping information including your address and billing information, and your valid email address to create your login profile. All information that you provide to Bowl and pet, including your credit card information, is subject to Bowl and pet’ Privacy Policy. You are responsible for keeping your registration information up to date through the member account management area on the Site. As a registered user of Bowl and pet, you agree to receive emails promoting any special offer(s), including third-party offers. We may from time to time send you our newsletter and similar communications. You may opt-out of receiving special promotions or our newsletter by unsubscribing as may be provided in the applicable email correspondence. You cannot opt-out of certain emails regarding transactions you enter into with us.
Meal Delivery. As a subscribed Bowl and pet member, at the intervals specified in your selected subscription plan, we will deliver you the meals specified in your selected subscription plan (“Products”). BY SUBSCRIBING, YOU AGREE TO PAY THE SUBSCRIPTION FEE APPLICABLE TO YOUR SUBSCRIPTION PLAN.
Billing and Payments.
The price of the Services and/or Products is payable in full before delivery. When you first sign up for a subscription to a Bowl and pet subscription plan (a “Plan”), you are charged only for the remainder of the billing cycle, which is until the end of that month. Your full subscription will be charged from the 1st of the next month. Plans are continuous AUTORENEWING subscription plans by default, and you will be charged the applicable price listed for the Plan until your subscription is canceled. If you don’t have the relevant payment methods (Accepted Credit and Debit cards for Auto-renewal), you can choose to pay month on month by selecting the appropriate checkbox. In this method, the payment has to be done manually by you every month before the 5th for the continuation of service. If you wish to pause, cancel, or modify your subscription to a Plan, you can do so at any time as described in Section 6.4. However, except as noted otherwise below, any amounts charged to or paid by you prior to such pause or cancellation will be refunded within 45 days after the end of the billing cycle, and pauses or cancellations may not impact any order for which you have already been charged, depending on the state of the order. You authorize us to continue billing the payment card on file during the term of your subscription plan until and unless the subscription plan ends or is paused or canceled in accordance with the foregoing guidelines and policies. It is your responsibility to keep your payment method up-to-date, as well as to cancel your membership as described in the password-protected member account management area if you wish to discontinue your purchase of Products.
We may change the price of a Plan, introduce new Plans, or remove Plans from time to time and will communicate any price or Plan changes to you in advance in accordance with Section 19 of this Agreement. Price and Plan changes will take effect as of the next billing period following the date on which we provided notice to you of the price or Plan change. By continuing to use Bowl and pet after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by canceling your subscription(s) prior to the effective date of the price or Plan change. Please make sure you read any notifications of price or Plan changes carefully.
Payment processing for the Services is provided by Razor Pay or such other third-party payment processor as we may utilize from time to time (“Payment Processor”). Bowl and Pet does not collect or store your credit card information. You can find out more about both our privacy practices and our Payment Processor’s privacy practices in our Privacy Policy and the links therein. By providing a credit card or other payment method accepted by Bowl and Pet, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information, you can do so in the password-protected member account management area.
Please note that our prices for Products exclude all applicable taxes and telecommunication charges unless otherwise indicated. You are responsible for any taxes and charges you incur in connection with your purchase and our delivery of Products to you. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Bowl and pet reserves the right to collect the taxes or other related fees from you at any time. If we make a pricing error on the Site, we reserve the right to rectify the error and correct your order accordingly. We will have no obligation to fulfill any orders placed at an incorrect price.
PAUSE/CANCEL A SUBSCRIPTION. FOLLOWING YOUR PLAN SELECTION AND PLACEMENT AND RECEIPT OF YOUR FIRST ORDER, YOU MAY PAUSE OR CANCEL A SUBSCRIPTION TO A PLAN AT ANY TIME ONLINE BY MANAGING YOUR ACCOUNT AT ON THE SITE, OR BY EMAILING US AT hello@bowlpet.in. PLEASE NOTE, REFUNDS WILL BE PROCESSED WITHIN 45 DAYS AFTER THE END OF THE BILLING CYCLE, AND A PAUSE OR CANCELLATION MAY NOT IMPACT ANY ACTIVE ORDER FOR WHICH YOU HAVE ALREADY BEEN CHARGED, DEPENDING ON THE STATUS OF THE ORDER. TO AVOID BEING CHARGED FOR PLACED ORDERS THAT YOU NO LONGER WISH TO RECEIVE IN THE EVENT OF A SUBSCRIPTION PAUSE, YOU MUST PAUSE AT LEAST 2 DAYS PRIOR TO THE DATE WHEN YOU WANT TO PAUSE. IF YOU CANCEL A SUBSCRIPTION TO A PLAN BEFORE RECEIVING YOUR FIRST ORDER, YOUR FIRST ORDER MAY OR MAY NOT BE CANCELLED AND RELATED AMOUNTS PAID MAY OR MAY NOT BE REFUNDED TO YOU, DEPENDING ON FACTORS INCLUDING THE STATE OF YOUR ORDERS IN OUR PRODUCTION PROCESS, AND ANY PROMOTIONS APPLIED. YOU WILL BE NOTIFIED IF ANY OF YOUR CHARGED ORDERS WILL BE CANCELLED AND REFUNDED, OR IF YOU WILL STILL RECEIVE THE ORDER AFTER CANCELLATION.
Delivery, Shipping and Risk of Loss; Taxes. Unless otherwise indicated at the time of your purchase, shipping, delivery, and handling fees are included with your order. Delivery dates and/or arrival times are only estimates. You must notify Bowl and Pet within 10 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Products is subject to our investigation. We will adjust your account at our discretion. Repeated claims of undelivered Products may result in the cancellation of your membership. You may be charged, and are solely responsible for, applicable local and state sales tax, if applicable.
Returns and Exchanges. As the Products are perishable food items, Products may not be returned or exchanged. If you have concerns or problems with the Products you receive, please contact us at hello@bowlpet.in or via the contact area on the Site, and we will attempt to resolve the issue. Bowl and Pet shall not issue any refunds for the Products or Services except at its sole discretion.
International Access. The Site may be accessed from countries other than India. However, the Products and Services are only available for sale within India. If you access and use this Site outside India, you are responsible for complying with your local laws and regulations.
Errors, Inaccuracies, and Omissions. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Ownership; Proprietary Rights. The Services are owned and operated by Bowl and Pet. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Services that are provided by Bowl and Pet (“Bowl and Pet Assets”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Bowl and Pet Assets contained on the Site are the copyrighted property of Bowl and Pet or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Bowl and Pet or its affiliates and/or third-party licensors. Except as expressly authorized by Bowl and Pet, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Bowl and Pet Assets.
Third Party Sites. The Services may include advertisements or other links that allow you to access websites or other online services that are owned and operated by third parties. You acknowledge and agree that Bowl andPet is not responsible and shall have no liability for the content of such third-party sites and services, products or services made available through them, or your use of or interaction with them.
Third-Party Services. The Services may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), pursuant to agreements between Bowl and Pet and the operators of such Third-Party Services (such agreements, “Third-Party Agreements,” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which Bowl and Pet does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms, and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time. Bowl and Pet shall have no liability with respect to any such modification, suspension, or termination. You are responsible for ensuring that your use of the Services in connection with any Third-Party Service complies with all agreements, policies, terms, and rules applicable to such Third-Party Service.
Prohibited Uses.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. Access to the Bowl and Pet Assets or the Services from territories where their contents are illegal is strictly prohibited. Bowl and Pet Users are responsible for complying with all local rules, laws, and regulations, including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
Any use of any of the Bowl and Pet Assets other than for private, non-commercial use is strictly prohibited.
You may not use the Services in any manner that, in our sole discretion, could damage, disable, overburden, or impair them or interfere with any other party’s use of the Services. You may not intentionally interfere with or damage the operation of the Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services. You may not attempt to gain unauthorized access to the Services or any part of them, other accounts, computer systems, or networks connected to the Services, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler, or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services. You may not utilize framing techniques to enclose any trademark, logo, or other Bowl and Pet Assets without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Bowl and Pet’s name or trademarks without our express written consent. You may not deep-link to the Services and will promptly remove any links that Bowl and Pet finds objectionable in its sole discretion. You may not use any Bowl and Pet logos, graphics, or trademarks as part of the link without our express written consent. You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Information. In order to access certain services on the Services, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Services under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
User Communications. Under this Agreement, you consent to receive communications from Bowl and Pet electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Ownership of Feedback. Bowl and Pet alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Services and any reviews, comments, suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Services (collectively, “Feedback”). You are not required to provide any Feedback to Bowl and Pet. To the extent you do provide any Feedback to Bowl and Pet, you agree to assign and hereby do assign to Bowl and Pet all right, title, and interest in and to such Feedback and agree that Bowl and Pet may freely utilize such Feedback without compensation to you.
Availability of Services. Bowl and Pet may make changes to or discontinue any of the media, contests, products, or services available within the Services at any time, and without notice. The media, products, or services on the Services may be out of date, and Bowl and Pet makes no commitment to update these materials on the Services.
Notice. Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to Bowl and Pet during the registration process. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such a case, notice shall be deemed given three days after the date of mailing.
Violations; Termination. You agree that Bowl and Pet, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have at the Services or your use of the Services, at any time. Bowl and Pet may also in its sole discretion and at any time discontinue providing access to the Services or any part thereof with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Bowl and Pet shall not be liable to you or any third-party for any such termination. Bowl and Pet does not permit copyright infringing activities on the Services and reserves the right to terminate access to the Services and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Bowl and Pet may have at law or in equity. You agree that Bowl and Pet shall not be liable to you or any third-party for any such termination. Sections 6 (with respect to payment obligations accruing prior to such termination or expiration), 8, 11, 12, 13, 15, 17, and 19 through and including 25 will survive any termination of this Agreement.
Disclaimers; No Warranties. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR PET. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES OR INTERACTIONS WITH ANY MEDICATIONS. THE SERVICES AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOWL and PET, AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BOWL AND PET, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER that MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOWL AND PET, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Bowl and Pet NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICES AT YOUR DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH MATERIAL OR DATA.
Indemnification and Holding Harmless: You agree to indemnify and protect Bowl and Pet, its affiliated companies, suppliers, and partners from any claims, losses, damages, liabilities, including attorney’s fees, resulting from your use or misuse of our services, violations of this Agreement, infringements on the rights of others, or any breaches of the representations, warranties, and covenants outlined herein. Bowl and Pet reserves the right, at our own cost, to assume exclusive defense and control of any matter that requires your indemnification, and you consent to cooperate with us in defense against such claims.
Limitation of Liability and Damages: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BOWL AND PET OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE BOWL AND PET’S SERVICES, THE SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH BOWL AND PET, EVEN IF A BOWL AND PET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BOWL AND PET’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BOWL AND PET, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE FEES YOU ACTUALLY PAID TO BOWL AND PET IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. THESE LIMITATIONS ALSO APPLY TO DAMAGES INCURRED AS A RESULT OF PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN BOWL and PET AND RECEIVED BY YOU THROUGH ADVERTISEMENTS ON THE SERVICES OR LINKS PROVIDED ON THE SERVICES.
Arbitration.
Agreement to Arbitrate: This Section 24 is hereby referred to as the “Arbitration Agreement.” The parties agree that any and all disputes, claims, or controversies between you and Bowl and Pet arising from or related to this Agreement (whether in contract, tort, or any other legal theory, whether past, existing, or future, including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) shall be subject to binding arbitration following the terms and conditions of this Arbitration Agreement, and not any court action (except for small claims court actions as permitted by law).
Class Action Waiver: THE PARTIES AGREE THAT EACH PARTY MAY ONLY PURSUE CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS OTHERWISE AGREED BY BOTH PARTIES, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MULTIPLE PERSONS’ OR PARTIES’ CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ADDITIONALLY, THE ARBITRATOR MAY GRANT RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY TO THE INDIVIDUAL PARTY SEEKING SUCH RELIEF AND ONLY TO THE EXTENT REQUIRED TO ADDRESS THAT PARTY’S INDIVIDUAL CLAIMS.
Procedures: Arbitration will be conducted by a neutral arbitrator as modified by this Arbitration Agreement. In the event of any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will prevail unless the arbitrator determines that applying inconsistent terms would not result in a fundamentally fair arbitration. The arbitrator must also adhere to the provisions of this Agreement as a court would, including, but not limited to, the limitation of liability provisions in Section 23.
Venue: The arbitration will take place in Bangalore.
Governing Law: The arbitrator will determine the substance of all claims in accordance with the laws of the state of Karnataka, without regard to its conflicts of laws rules, and will respect all legally recognized claims of privilege. The arbitrator shall not be bound by prior arbitration rulings involving different service users, but is bound by previous arbitration rulings involving you to the extent required by applicable law.
Costs of Arbitration: The payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the Indian Arbitration Act 2015 Rules. Each party will be responsible for all other fees incurred in connection with the arbitration, including attorney fees.
Confidentiality: All aspects of the arbitration proceeding, as well as any rulings, decisions, or awards issued by the arbitrator, will be kept strictly confidential for the benefit of all parties.
Severability: If a court determines that any term or provision of this Arbitration Agreement, other than Section 24.2, is invalid or unenforceable, the parties agree to replace such term or provision with a valid and enforceable one that best reflects the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court determines that any provisions of Section 24.2 are invalid or unenforceable, the entire Arbitration Agreement shall become null and void, but the remainder of this Agreement shall remain in effect.
Miscellaneous.
Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of India, without giving effect to any principles of conflicts of law.
Jurisdiction: You consent to file any legal action or equity claim arising from or relating to this Agreement or the Services, which is not subject to arbitration under Section 24, exclusively in the city of Bangalore. You hereby submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Waiver: Any waiver of a provision in this agreement may only be executed through a written instrument signed by the party entitled to the benefit of that provision. The failure of any party to require performance of any provision of this Agreement at any time shall not affect that party’s right to enforce the same provision at a later time. A waiver of any breach of any provision of this agreement shall not be interpreted as a continuing waiver of other breaches of the same or different provisions of this agreement.
Severability: If any provision of this Agreement is found to be unlawful, void, or unenforceable for any reason, that provision shall be considered separable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
Assignment: This Agreement and related Guidelines, along with any rights and licenses granted herein, may not be transferred or assigned by you, but may be assigned by Bowl and Pet without any restrictions.
Headings: The headings used in this Agreement are provided for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions contained herein.
Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and shall not be modified except in writing and signed by both parties, or as a result of changes made to this Agreement or Guidelines by Bowl and Pet as outlined in Section 3 above.
Claims: YOU AND Bowl and Pet AGREE THAT ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. OTHERWISE, SUCH CLAIM SHALL BE PERMANENTLY BARRED.
Disclosures: The Site is operated by Bowl and Pet, located at Bowl and Pet, No.84, 4th Main, 2nd Cross, Abbayappa Layout, N.S.Palya, BTM Layout 2nd Stage, Bangalore-560076, email: hello@bowlpet.in.