TERMS AND CONDITIONS CRITTERKART

LAST REVISION: JAN 2019

 

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY

USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU

AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS

AGREEMENT.

This Terms of Service Agreement (the “Agreement”) governs your use of this

website, WWW.CRITTERKART.COM (the “WWW.CRITTERKART.COM“), CRITTER KART

offer of products for purchase on this Website, or your purchase of products

available on this Website. This Agreement includes, and incorporates by this

reference, the policies and guidelines referenced below. CRITTERKART reserves

the right to change or revise the terms and conditions of this Agreement at any time

by posting any changes or a revised Agreement on this Website. CRITTERKART

will alert you that changes or revisions have been made by indicating on the top of

this Agreement the date it was last revised. The changed or revised Agreement will

be effective immediately after it is posted on this Website. Your use of the Website

following the posting any such changes or of a revised Agreement will constitute

your acceptance of any such changes or revisions. CRITTERKART  encourages

you to review this Agreement whenever you visit the Website to make sure that you

understand the terms and conditions governing use of the Website. This Agreement

does not alter in any way the terms or conditions of any other written agreement you

may have with CRITTERKART  for other products or services. If you do not agree to

this Agreement (including any referenced policies or guidelines), please immediately

terminate your use of the Website. If you would like to print this Agreement, please

click the print button on your browser toolbar.

  1. PRODUCTS

Terms of Offer. This Website offers for sale certain products (the “Products”). By

placing an order for Products through this Website, you agree to the terms set forth

in this Agreement.

Customer Solicitation: Unless you notify our third party call center reps or direct

CRITTERKART  sales reps, while they are calling you, of your desire to opt out from

further direct company communications and solicitations, you are agreeing to

continue to receive further emails and call solicitation CRITTERKART  and its

designated in house or third party call team(s).

Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.

  1. You may use the opt out link found in any email solicitation that you may receive.
  2. You may also choose to opt out, via send
  3. You may send a written remove request to CRITTERKART

Proprietary Rights. CRITTERKART  has proprietary rights and trade secrets in the

Products. You may not copy, reproduce, resell or redistribute any Product

manufactured and/or distributed by CRITTERKART . CRITTERKART  also has

rights to all trademarks and trade dress and specific layouts of this webpage,

including calls to action, text placement, images and other information.

Sales Tax. If you purchase any Products, you will be responsible for paying any

applicable sales tax.

  1. WEBSITE

Content; Intellectual Property; Third Party Links. In addition to making Products

available, this Website also offers information and marketing materials. This Website

also offers information, both directly and through indirect links to third-party websites,

about nutritional and dietary supplements. CRITTERKART  does not always create

the information offered on this Website; instead the information is often gathered

from other sources. To the extent that CRITTERKART    does create the content on

this Website, such content is protected by intellectual property laws of the India,

foreign nations, and international bodies. Unauthorized use of the material may

violate copyright, trademark, and/or other laws. You acknowledge that your use of

the content on this Website is for personal, noncommercial use. Any links to thirdparty websites are provided solely as a convenience to you.  does

not endorse the contents on any such third-party websites. CRITTERKARTis not

responsible for the content of or any damage that may result from your access to or

reliance on these third-party websites. If you link to third-party websites, you do so at

your own risk.

Use of Website;CRITTERKART is not responsible for any damages resulting from

use of this website by anyone. You will not use the Website for illegal purposes. You

will (1) abide by all applicable local, state, national, and international laws and

regulations in your use of the Website (including laws regarding intellectual

property), (2) not interfere with or disrupt the use and enjoyment of the Website by

other users, (3) not resell material on the Website, (4) not engage, directly or

indirectly, in transmission of “spam”, chain letters, junk mail or any other type of

unsolicited communication, and (5) not defame, harass, abuse, or disrupt other

users of the Website

License. By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website in connection with

your normal, noncommercial, use of the Website. You may not copy, reproduce,

transmit, distribute, or create derivative works of such content or information without

express written authorization from CRITTERKART or the applicable third party (if

third party content is at issue).

Posting. By posting, storing, or transmitting any content on the Website, you hereby

grant CRITTERKART a perpetual, worldwide, non-exclusive, royalty-free,

assignable, right and license to use, copy, display, perform, create derivative works

from, distribute, have distributed, transmit and assign such content in any form, in all

media now known or hereinafter created, anywhere in the world. CRITTERKARTdoes not have the ability to control the nature of the user-generated content offered

through the Website. You are solely responsible for your interactions with other

users of the Website and any content you post. CRITTERKART is not liable for any

damage or harm resulting from any posts by or interactions between users.

CRITTERKARTreserves the right, but has no obligation, to monitor interactions

between and among users of the Website and to remove any content [Business

Name] deems objectionable, in MuscleUP Nutrition ‘s sole discretion.

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK.

THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS

AVAILABLE” BASIS CRITTERKART EXPRESSLY DISCLAIMS ALL

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,

BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH

RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE

UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS”

INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,CRITTERKART

MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE,

RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS

ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY

YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY

STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE

PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE

WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES, SO SOME OF THE ABOVE EXCLUS

  1. LIMITATION OF LIABILITY

CRITTERKART ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW,

IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT

AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY

LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR

PRODUCTS PURCHASED VIA THE WEBSITE.

CRITTERKART WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,

INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION

WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING

LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE

WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING

SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR

OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR

(4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF

LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF

THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. INDEMNIFICATION

You will release, indemnify, defend and hold harmless CRITTERKART , and any of

its contractors, agents, employees, officers, directors, shareholders, affiliates and

assigns from all liabilities, claims, damages, costs and expenses, including

reasonable attorneys’ fees and expenses, of third parties relating to or arising out of

(1) this Agreement or the breach of your warranties, representations and obligations

under this Agreement; (2) the Website content or your use of the Website content;

(3) the Products or your use of the Products (including Trial Products); (4) any

intellectual property or other proprietary right of any person or entity; (5) your

violation of any provision of this Agreement; or (6) any information or data you

supplied to CRITTERKART. When CRITTERKART is threatened with suit or sued

by a third party, CRITTERKART may seek written assurances from you concerning

your promise to indemnify CRITTERKART; your failure to provide such assurances

may be considered by CRITTERKART to be a material breach of this Agreement.

CRITTERKART will have the right to participate in any defense by you of a thirdparty claim related to your use of any of the Website content or Products, with

counsel of CRITTERKART choice at its expense. CRITTERKART will reasonably

cooperate in any defense by you of a third-party claim at your request and expense.

You will have sole responsibility to defend CRITTERKART against any claim, but

you must receive CRITTERKART prior written consent regarding any related

settlement. The terms of this provision will survive any termination or cancellation of

this Agreement or your use of the Website or Products.

  1. PRIVACY

CRITTERKART believes strongly in protecting user privacy and providing you with

notice of MuscleUP Nutrition ‘s use of data. Please refer to CRITTERKART privacy

policy, incorporated by reference herein, that is posted on the Website.

  1. AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read

and agree to be bound by this Agreement and all terms and conditions on this

Website.

VIII. GENERAL

Force Majeure. CRITTERKART  will not be deemed in default hereunder or held

responsible for any cessation, interruption or delay in the performance of its

obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of

God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. CRITTERKART may at any time, in its sole discretion and

without advance notice to you, cease operation of the Website and distribution of the

Products.

Entire Agreement. This Agreement comprises the entire agreement between you

and  CRITTERKART and supersedes any prior agreements pertaining to the subject

matter contained herein.

Effect of Waiver. The failure of CRITTERKART to exercise or enforce any right or

provision of this Agreement will not constitute a waiver of such right or provision. If

any provision of this Agreement is found by a court of competent jurisdiction to be

invalid, the parties nevertheless agree that the court should endeavor to give effect

to the parties’ intentions as reflected in the provision, and the other provisions of this

Agreement remain in full force and effect.

Governing Law; Jurisdiction. This Website originates from the BANGALORE,KARNATAKA. This

Agreement will be governed by the laws of the State of KARNATAKA without

regard to its conflict of law principles to the contrary. Neither you nor CRITTERKART  will commence or prosecute any suit, proceeding or claim to enforce the

provisions of this Agreement, to recover damages for breach of or default of this

Agreement, or otherwise arising under or by reason of this Agreement, other than in

courts located in State of [State Name]. By using this Website or ordering Products,

you consent to the jurisdiction and venue of such courts in connection with any

action, suit, proceeding or claim arising under or by reason of this Agreement. You

hereby waive any right to trial by jury arising out of this Agreement and any related

documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary,

any claim or cause of action arising out of or related to use of the Website or

Products or this Agreement must be filed within one (1) year after such claim or

cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU

HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS

WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR

PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR

CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. CRITTERKART reserves the right to terminate your access to the

Website if it reasonably believes, in its sole discretion, that you have breached any

of the terms and conditions of this Agreement. Following termination, you will not be

permitted to use the Website and CRITTERKART may, in its sole discretion and

without advance notice to you, cancel any outstanding orders for Products. If your

access to the Website is terminated, CRITTERKARTreserves the right to exercise

whatever means it deems necessary to prevent unauthorized access of the Website.

This Agreement will survive indefinitely unless and until CRITTERKART chooses,

in its sole discretion and without advance to you, to terminate it.

Domestic Use. CRITTERKARTmakes no representation that the Website or

Products are appropriate or available for use in locations outside India. Users who

access the Website from outside India do so at their own risk and initiative and must

bear all responsibility for compliance with any applicable local laws.

Assignment. You may not assign your rights and obligations under this Agreement to

anyone. CRITTERKARTmay assign its rights and obligations under this

Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU

AGREE

TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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RETURN AND REFUND POLICY

 

Thanks for shopping at CRITTERKART

If you are not entirely satisfied with your purchase, we’re here to help.

Returns

You have 1WEEK  calendar days to return an item from the date you received it.

To be eligible for a return, your item must be unused and in the same condition that you received it.

Your item must be in the original packaging.

Your item needs to have the receipt or proof of purchase.

For additional information in this section, create your own Return & Refund Policy.

*WE OFFER RETURN ONLY ON SPECIFIC CATEGORIES AND PRODUCTS*

*PLEASE CALL FOR EXTREME RETURN OR REFUND ISSUE ON CONTACT US*

Refunds

Once we receive your item, we will inspect it and notify you that we have received your returned

item. We will immediately notify you on the status of your refund after inspecting the item.

If your return is approved, we will initiate a refund to your credit card (or original method of

payment).

You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

For additional information in this section, create your own Return & Refund Policy.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping

costs are nonrefundable.

If you receive a refund, the cost of return shipping will be deducted from your refund.

For additional information in this section, create your own Return & Refund Policy.

Contact Us

If you have any questions on how to return your item to us, contact us.

 

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TERMS AND CONDITIONS

CRITTER KART CLASSIFIEDS

 

Please read the following Terms and Conditions Agreement carefully. This

agreement is an electronic Record and does not require any physical or

digital signatures. On usage of the Website, it is assumed that the several

parts of this Agreement has been fully read, understood and agreed to by

the Buyer.

For the purposes of this Agreement the term "Buyer" shall mean and

includeany individual, group of individuals, firm, company or any other

natural or legal entity placing an order for the Products of the Vendor

through the Online Store/ platform provided by CRITTER KART.

Registration

 

You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:

 

  1. that violates any law or regulation;
  2. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant CRITTER KART all of the license rights granted herein;

iii. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);

  1. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
  2. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.

vii. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;

viii. that includes personal or identifying information about another person without that person’s explicit consent;

  1. that impersonates any person or entity, including, but not limited to, an CRITTER KART employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
  2. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  3. that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;

xii. that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;

xiii. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to CRITTER KART  users who have requested not to be contacted about other services, products or commercial interests;

xiv. that includes links to commercial services or Third Party Websites, except as specifically allowed by CRITTER KART ;

  1. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

xvi. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;

xvii. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or

xviii. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

 

xix. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;

  1. make any libellous or defamatory comments or postings to or against anyone;

xxi. collect personal data about other users or entities for commercial or unlawful purposes;

xxii. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;

xxiii. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;

xxiv. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;

xxv. attempt to gain unauthorized access to computer systems owned or controlled by CRITTER KART or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.

xxvi. use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of CRITTER KART’S “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.

xxvii. use any automated device or software that enables the submission of automatic postings on CRITTER KART  without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or

xxviii. Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

 

* CRITTER KART WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OR ANY KIND OF FROUDENTAL ACTIVITIES WHICH MIGHT HAPPEN DURING THE TRANSACTION OF CLASSIFIEDS .

* CRITTER KART IS A ONLINE PLATFORM WHICH IS ENABLING YOU TO SELL/ADOPT YOUR PETS AND GIVE THEM A NEW HOME, WE DO NOT SUPPORT ANY KIND OF ANIMAL VIOLENCE, OR ANY KIND OF ANIMAL HARM WHICH IS AGAINST INDIAN LAW.

*CRITTER KART IS NOT RESPONSIBLE IN  ANY KIND OF ILLEAGAL PET TRADE WHICH IS AGAINST THE INDIAN LAW ,SECTIONS AND ACTS .

 

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