Terms & Conditions

Terms & Conditions

This privacy policy is an electronic record in the form of an electronic contract under the ITA, 2000. This privacy policy does not require any physical/ electronic /digital signature.

This privacy policy is a legal binding document between you and Magicvets. The terms of this privacy policy will be effective upon your acceptance (Directly or indirectly in electronic form, by clicking on the “I accept" tab or by use or the website or by other means and this will govern your relationships with Magicvets.

Magicvets.com will only disclose your personal information in accordance to this privacy policy.

If u decline to submit personal information to us, then unfortunately we will not be in position to provide the services.

Any of your personal info provided to magicvets.com in an unencrypted manner and/ or to an open, public environment or forum including any blog, classifieds and discussion board, is not confidential, does not constitute personal information, and is not subjects to protection under privacy policy.

Due to accessibility to third party, it is possible that third party or parties may collect and collate and use such info for their own purposes. Discrimination of personal info on your behalf should be done accordingly.

Magicvets is not liable to you or any third party or parties for any damages that you or any third party or parties may suffer howsoever arising from your disclosure of personal information in any public platform.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESING ANY MATERIAL, INFO OR SEVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

IF YOU R ACCESING MAGICVETS MOBILE APPLICATION OR ACCESING THE SERVISES THROUGH THE MAGICVETS WEBSITE, THEN WHILE THESE TERMS OF USE WILL APPLY TO SUCH USE , THERE WILL BE ADDITIONAL TERMS WHICH ARE IMPOSED BY MOBILE APPLICATION STORES LIKE APPLES ITUNES, ANDROIDS PLAY STORES , MICROSOFT STORE FROM TIME TO TIME , WHICH WILL GOVERN THE USE OF MOBILE APPLICATION.

THE ADDIONAL TERMS TO THE EXTENT APPLICABLE ARE HEREBY DEEMED TO BE INCOPORATED IN THESE TERMS OF USE BY WAY OF REFERENCE.

THE INFORMATION MAGICVETS MAY COLLECT:

PERSONAL INFO

WHEN YOU REGISTER FOR, BROUSE AND USE THE WEBSITE, YOU PROVIDE US " IDENTITY INFORMATION" THAT IS YOUR NAME, E-MAIL ADD AND POSTAL ADD HOME OR MOBILE TEL NO, gender date of birth, information regarding your transaction that is sales and purchase history, your financial information such as bank account information or credit card or debit card or other payment instrument details, your IP. Address, any other items of “sensitive personal data or information” as such terms is defined under the information technology (reasonable security practices and procedures and sensitive personal data of information) rules, 2011 enacted under IT ACT, 2000.

Personal information collected in various ways

• IF YOU DECIDE TO REGISTER / GRANT ACCESS TO THE THIRD PARTY, SOCIAL NETWORKING OR AUTHENTICATION SERVICE THAT WE MAY BE ABLE TO PROVIDE, SUCH AS FACEBOOK CONNECT OR GOOGLE , WE MAY ALSO COLLECT ANY SUCH IDENTITY INFO FROM THE ACCONT YOU HAVE WITH THE “AUTHENTICATION SERVISE ".
• WE MAY ALSO COLLECT DETAILS OF TRANSECTION BY YOUR FACEBOOK FRIENDS OR OTHER FACEBOOK USERS GENERATED BY YOU THROGH OUR SERVICES.
• BY REGISTERING, YOU ARE GIVING MAGICVETS THE PERMISSION TO USE AND STORE IT CONSISTENT WITH THIS POLICY. THEREFORE, PLEASE UNDERSTAND THAT WHEN YOU SIGN IN WITH US, YOU ARE NOT ANONYMOUS TO US.

Non personal information

Magicvets may also collect info other than personal information from you trough the website when you visit and / or use the website. Such info stored in the server logs. This non personal information would not assist us to identify you personally.

This non -personal info may include

• Your geographical location.
• Details of your telecom service provider or internet service providers.
• The type of browsers
• The operating system of your system, device and the website you last visited before visiting the website
• The duration of your stay on the website is also store in the session along with the date and time of your access.
• Non -personal info is collected through various ways such as the use of cookies. Website may store temporary or permanent “cookies” on your computer. You can erase or choose to block these cookies from your computer.
• On turning of these cookies, you may be prevented from using certain features of the website.

Please do note that personal info and non personal information may be treated differently as per this privacy policy.

            THEREFORE YOU PROVIDE US

1. The information you provide to magicvets from time to time is and shall be authentic, correct, current and updated and you have all the rights, permission, consents as may be required to provide such information.
2. You are providing the information to website and website consequence storage, collection, usage, transfer, access and possessing of the same shall not be in violation of any third party agreement, laws, chartered documents, judgment, orders or decrease.

Magicvets and each of magicvets entities officers, directors, contractors or agents shall not be responsible for the authenticity of the information that you or any other user or any other third party provide to Magicvets.

You shall indemnify and hold harmless Magicvets and each of Magicvets entities officers, directors, contractors or agents or any third party relying on the info provided by you.

In the event you are in breach of this privacy policy including this provision and the immediately preceding provision above.

We need your info because …

Magicvets, as may be permissible under applicable law (such as collection, storing and processing your info in accordance with the consent of you and applicable law) is for the function and activity of magicvets. They are the following.

• We use it to facilitate your use and respond to the inquiries as request made by the users.
• To give info about various products and services offered by our website.
• To communicate and revert back on info for products and materials and offers from us.
• To communicate about website and updates in different aspects such as terms and condition or policies done.
• To conduct and program the internal reviews and data analysis for the website
• Regarding betterment of services, products and advertising on the website.
• To improve the services as sign in, single sign in.
• To protect rights and integrity of our website.
• To conduct surveys and researches on the behavior pattern of consumers, number of consumer on particular page, particular products and specific services provided by us.
•  For statistical data study and understanding users behavior patterns and demand and supply for the products most in the demand.
• To respond to judicial and legal quarries legal process and for providing any info to law enforcement agencies or in connection with an investigation and in any matters related to public and personal safety, as permitted by law.
• To grant permission to the third party who may used to contact users who have bought products (i.e. services) to facilitate installation services and any other product related support.
• To implement the info for security purposes.
• To determine and prevent any security breaches, computer contamination or any other virus threats or any other kind of Intel threats in interest of public or/ and personal interest.
• To prevent, investigate and take legal and authoritative action regarding any illegal activities and any kind of fraud being done against website and /or company either by individual person or by the number of people.
• This can also be used for forensic investigation purposes, for concerned computer network, resources and also for internal audits.
• To trace computer resources or any individual who may have breached or is suspected of doing so or knowing about any breach , being done the provision of law including the Information Technology Act 2000, that is likely to have an adverse impact on the services provided on any website or Magicvets.
• To provide information to potential investors to evaluate the business.

(Individually or collectively referred to as {purposes})

You hereby agree and acknowledge that the information so collected is for lawful purpose, connected with activity or a process of each of the Magicvets entities or any person on their respective behalf and the collection of information are necessary for the purpose.

SHARING THE USER’S INFORMATION:

• The services which users are not able to avail hereby unconditionally agree and permits Magicvets to transfer, share, disclose or close any or all of user’s information, within and outside of the republic of India and also to different entities and to any third party/parties/providers/any collaborating partners and financial institutions such as banks, for single or multiple purposes or as may be required by APPLICABLE LAW. In any such conditions or any such institutions, website will willingly and contractually oblige the other party/parties of the information to ensure the same level of data protection that is applied to and by Magicvets under APPLICABLE LAW
• You acknowledge and agree that, whenever such information is transferred or shared with the third part/parties or to any other source, it will be done under the extent of permissible boundaries of the applicable laws. It is thus rightful that when Magicvets transfers or reveals user’s information to any other source within or outside user’s country of residence, Magicvets will place contractual obligation on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy
• Magicvets may disclose/share any statistical data and other details (beyond and other than the user’s personal information) without user’s express or concern or permission or implied consent to use in various programs or events or initiatives launched by Magicvets, its partners, agents, affiliates, third party/parties, service providers, any financial institutions from time to time updates.
• Magicvets may transfer/share/disclose any information (other than user’s personal information) to all those people, parties, agencies, groups who support our business by providing various technical infrastructure services, analyzing how our services in use, content and effects of the advertisements, providing consumer/ buyer services, ensuring payments or for any statistical data survey or analysis. All transfers made to any transferee will adhere to confidentiality obligations with consent of Privacy Policy.

• Notwithstanding the above, Magicvets use other third parties such as credit or debit card processing companies, payment gateway, prepaid cards etc. to enable users to make payments for buying products or availing any services on Magicvets website. Whenever signing up for any such services, user may have the ability to save their card details for any further transactions or future purposes. In such cases Magicvets may share your personal information as and if required and necessary for third party to provide any services which includes your name, residence and e-mail address your contact information. The processing of payment is solely in accordance with these third party policies, terms and conditions and Magicvets is not in any manner responsible or liable to user or any third party for any delay or failure or damage or casualties at their end in processing the payment.
• Magicvets may also share the personal Information of users if required for any investigation, to take action regarding illegal activities, suspected fraud, suspected breaches, any kind of threats to the physical safety of any person, violation of various terms and conditions of the Company’s Policy.
• Magicvets can and is bound to share user’s information when required to do so by law/regulations, any law enforcement agencies/judicial, quasi judicial or any other statutory or constitutional authority or to establish or execute our legal right or defend against legal claims.
• User further agrees that such disclosure, sharing and transfer of your personal information and non personal information shall not cause any wrongful loss to you or any third party or any wrongful gains to us or to any other third party.

LINKS TO THIRD PARTY WEBSITES

• Any link to third party advertisements, third party website or any other electronic communication services may be provided on the website which are operated by other parties and are in no control of or affiliated to or have any association with Magicvets (Unless asked in the company specific details).
• Magicvets is not responsible for any form of communications/transactions what so ever received by the user or any third party or their website in any manner.
• Likewise Magicvets could not be held responsible for any representations concerning the privacy practices/policies of such third party/parties or terms of use of such third party websites, Magicvets does not even control or guarantee the accuracy, integrity or quality of the products listed in their data, text, software, music, sound, pictures, graphics, videos, messages, links or any other content available on any other third party websites.
• This inclusion and exclusion does not imply any endorsement by Magicvets of any other third party websites (Either website provider or any other information on the website)

This should be duly noted that any information provided by user to such third party website shall be governed in accordance with privacy policy of respective website and user will be fully responsible for any undue matters and is recommended to view the Privacy Policy of the third party website before divulging in any details.

SECURITY AND RETENTION

• User’s /Consumer’s personal information is important to us. Magicvets is determined and longs to ensure the safety and security of user’s personal information and to protect any such information against any unauthorized and unreliable access or alterations, disclosures or facilitation or destruction. To keep such information intact, Magicvets practices the way of internal reviews of data collection, storage, processing practices and security measures inclusive of appropriate encryptions and physical security measures to protect from unauthorized access to systems used for storing such information. Every entity of Magicvets shall adopt reasonable security practices and procedures as mandatory actions under APPLICABLE LAWS for the protection of users’ information. It can be done only if the user’s right to claim damages shall be limited to the rights to claim only statutory damages under INFORMATION TECHNOLOGY ACT 2000 and therefore user hereby waive and rehearse all Magicvets entities from any claims of damages under contract or under tort.
• Users credit card like data may be stored in compliance with industry standards/ recommended data security standards while choosing payment gateway to complete any transactions, for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
• Magicvets may share User’s information with the third party under the confidentiality agreement which inter alia provides for such third party not opening/disclosing any information/ data unless it is required for any emergency purposes.
• Magicvets further wants to clear that it cannot be held responsible for any breach of security or any actions of any of the other third party involved.
• Magicvets is not responsible/liable for any loss of products/injury caused/ Damaged Caused to user as a result user giving or providing their personal information (Including any third party websites, even if links of such websites are provided on Magicvets Website).
• Notwithstanding anything contained in this policy or elsewhere, Magicvets should not be held responsible for any loss, damage or misuse or mishap, if any such damage or loss or misuse is attributable to a Force Majeure Event.
• Force Majeure Event shall mean any event that is beyond and has no control reasonably of Magicvets and shall include, without any limitation, sabotage, fire, flood, explosions, natural calamities, acts of God, any fatal medical conditions , civil commotions, strikes or industrial actions of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer or computer system or computer network, computer crashes, breach of security and any encryption, power or electricity failure or unavailability of adequate power or electricity.
• Magicvets endeavors/supports/ promises to take all reasonable and appropriate steps to keep secure any personal information and try to prevent any breach or leakage of unauthorized access. User/you acknowledge that internet/computer network are not fully secure and that Magicvets cannot provide any absolute assurance regarding the security any of the user’s personal information.
• User agrees that all personal information shall be retained till such time required for the Purpose/required under Applicable Law whichever is later.
• Non personal information will be retained indefinitely.

USER DISCRETION AND OPT OUT

• User/ You agree and acknowledge that user is disclosing/providing their information out of their own free will, options for not divulging such information is also provided or permits Magicvets to collect your personal information/ later on withdraw your consent with respect to any such personal information so provided herein by sending an e-mail to the grievance officer or such other electronic address of the respective Magicvets entity as may be notified to User/You.
• In any such case, User should neither visit any website nor use any services provided by Magicvets entities not shall contact any Magicvets entities. Moreover, Magicvets may not deliver products/services to you, upon your orders or Magicvets may deny your access from using certain services offered on the website.
• Magicvets would retain all the personal information of its users for records and in archives but user can add or delete or update their personal information on regular basis.

GRIEVANCE OFFICER

• On finding any discrepancies or having any grievances in relation to the services provided or in relation to the product collection, listing, storage, use, disclosure and transfer of User’s personal information under this Privacy Policy/ Any terms of Magicvets Terms of Use , Terms of Sale and other terms and conditions or policies of any Magicvets entity, please contact on the website of Magicvets Pvt. Ltd.
• The details of the grievances officer may be changes by us from time to time while updating this Privacy Policy.

BUSINESS/SERVICES/ASSETS SALE/TRANSFERS

• We may sell or transfer or bring in any partnership or share some of/ all of its assets including all the data information, user’s personal information, statistical data in connection with any merger, acquisition, reorganization or sale of assets or business or any event of bankruptcy.
• If any such event takes place, such Magicvets entity will reasonably ensure that information provided to us by you and which we have collected is stored or used by the transferee in a manner that is consistent with this Privacy Policy.
•  Information sold or transferred to any third party will as aforesaid have the right to continue to use the information that is provided to us/collected by us immediately prior to such transfer or sale.
• User is also under an obligation use this website for reasonable and lawful purposes only and shall not in any activity that is not envisaged through the website.

FURTHER ACKNOWLEDGEMENT

• It is clear and accordingly accessible and provides statements of Magicvets Policies/ Practices with respect to the information.
• It provides for the various types of personal/ sensitive/ formal data for collection.
• It provides for the purpose of collection and usage of the information.
• It provides for the disclosure of the information.
• It provides for reasonable security practices or procedures.
• The trademarks, logos, service marks displayed on website are the property of Magicvets or their vendors/respective third parties. Users are not permitted to use any trademarks, logos and service marks and any information without the consent of Magicvets, the vendors or third party that owns name, trademarks, logos and services.

STANDARD TERMS OF SALE

• THESE STANDARD TERMS OF SALE [ TERMS OF SALE] IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT 2000 AND RULES ARE MADE THERE UNDER AND AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENT/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT 2000. THESE TERMS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC/ DIGITAL SIGNATURES.
• THESE TERMS OF SALE IS THE LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND THE BUYER HAS ACCEPETED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCTS SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON SELLER’S ADVERTISEMENTS, EXHIBITING AND CREATING LISTING OF THE PRIODUCTS ON THE WEBSITE AND SHALL BE EFFECTIVE IN BINDING ON THE BUYER UPON THE BUYER AGREEING TO PURCHASE THE PRODUCT SO LISTED BY THE SELLER.
• In these Terms of Sale, a user (either guest user/registered user) who purchases various products (see below) from the seller on the website located at the URL www.magicvets.com and mobile application under the name of Magicvets (the website is referred to as buyer and seller is referred to as an individual or any legal entity who list, advertise,  exhibit, offer, make visible, make available, market, sale and deliver any products through their website to the buyer (referred to as seller). These Terms of Sale describe interalia, the term of offer for sale, acceptance of offer for sale by buyer and the purchase of the goods and services provided (products) through the website from the seller. These Terms of Sale also contain certain statements and disclaimers made by Magicvets Pvt. Ltd.  Which may be binding on buyers and sellers, as the case may be.
• PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE LISTING ANY PRODUCTS OR BEFORE PURCHASING ANY PRODUCTS. THESE TERMS OF SALES ARE IN IDDITION TO VARIOUS AGREEMENST, TERMS, PRIVACY POLICY, TERMS OF USE AND ALL OTHER POLICIES OF THE WEBSITE. SELLER MAY INCLUDE ADDITIONAL/ CONFLICTING/CONFUSING TERMS AND CONDITIONS OF SALE IN THE PRODUCTS LISTING OR PRODUCT DESCRIPTION AS MADE AVAILABLE ON THE WEBSITE (AADDITIONAL TERMS OF SALE). IF THERE IS ANY MISUNDERSTANDING OR CONFLICT BETWEEN THESE TERMS OF SALE AND ADDITIONAL TERMS OF SALE, THE ADDITIONAL TERMS OF SALE SHALL TAKE PRECEDENCE TO THE EXTENT OF SUCH CONFLICT AND IN RELATION TO THAT SALE. IF A SELLER DOES NOT AGREE WITH THESE TREMS OF SALE, PLEASE DO NOT LIST TO MAKE ANY OFFER OF SALE OF ANY PRODUCT ON THE WEBSITE AND IF BUYER DOES NOT AGREE TO THESE TERMS OF SALE AND ADDITIONAL TERMS OF SALE, PLEASE DO NOT BUY ANY PRODUCT LISTED ON THE WEBSITE.
• These Terms of Sale are subject to revision or changes at any time without any consent from user/buyer/third  party  and therefore both buyer/seller are requested to read these terms from time to time before listing products or before making purchase of the product.
• These revised Terms of Sale shall be made available on the website from time to time. If the facility approves or provided last updated information will also be displayed and will be referred under the name of “ Last Updated “.
• Buyer/seller is requested to frequently visit the website review the most current Terms of Sale. It shall be user/ buyer’s responsibility to check these Terms of Sale periodically for changes and buyer should also check Additional Terms of Sale of the seller on the product listing.
• Upon any changes, user may be asked for the consent or approval on the specific terms before any further use of website and related services.

If no such separate consent is sought, user/buyer continue use of the website following such changes and modifications of the website/ these terms of sale will constitute User Acceptance of such changes and modifications

1. OFFER AND ACCEPTANCE OF THE PRODUCT :

• The seller hereby makes an offer to sell the products on the website as listed by the seller and therefore the buyer upon agreeing to buy the products as listed on the website by the seller hereby accepts such offer to sell by the seller.

Similarly, in accordance, the contract for sale of the product is a bipartite contact between buyer and the seller. Magicvets therefore, is no third party beneficiary under any such bipartite contract.

• This is to be understood by the buyer/user and has to agree and accept that the offer for sale of the product by the seller is not an absolute or unconditional offer. Any such offer to sale by seller is subject to change/reject/deny by the seller at any time before the delivery of the product to the buyer and without any acceptance, obligation to assign/ provide any reason for such denial/rejection/ repudiation and without any consent of the buyer and without any liability or any obligation towards the buyer.
• Both seller and buyer understand and agree that Magicvets has full authority to reject or cancel any sales transaction, listing/ acceptance before the delivery of the product – i.e.

1. For any reason in accordance with the seller agreement, these Terms of Use, Privacy Policy or under any contact or policy between Magicvets and seller/buyer.
2. Under an order, instruction from any statutory, quasi judicial or judicial authority.

PRODUCTS

• All/any offer or sale of any product are governed by the description and specification of the product, terms of warranties provided by the respective manufacturer/seller/brand owner (As applicable) in addition to Terms of Sale.

Therefore in such circumstances manufacturer/seller/brand owner (As applicable), is giving warranty details which is therefore be specifies on the relevant product web page on the website or the label printed on the product package. Therefore any such warranty description is given by the manufacturer/seller/brand owner as applicable and hence will be fulfilled by so.

• The availability of the products under the offer to sell is subject to change without notice prior to the purchase of the product by the buyer.

Moreover, due to circumstances, wherein the product order may not be available to be delivered to the buyer after truncation of the purchase amount.

• In the process, seller may reject/cancel or ask Magicvets Pvt. Ltd. to cancel any purchase transactions without any prior information to the buyer and without any liability to the seller or the company (Magicvets Pvt. Ltd.).
• If any such transaction is cancelled, after the transaction has taken place, the amount paid will be reversed/ remitted to the buyer either to the bank account provided by the buyer for such reversal or to the payment instrument of the buyer from which the payment was made/to any prepaid payment instrument account of the buyer.
•  For selection of mode of payment from above options, Magicvets will have the right to sole discretion to decide
• With respect to the sale of the product by seller to the buyer, the seller hereby represents and warrants to the buyer that ,

1. Seller has the full authority to sell or transfer rights of products to the buyer on or through the website.
2. Buyer shall have and enjoy quiet possession of the product.
3. There will be no extra charges and no encumbrance in favor of third party.
4. Buyer shall have benefits all the warranties and other collateral applicable to the product or as generally made available by the manufacturer/seller of the product.
5. Product shall meet the description and specifications as provided on the website.

PRICING INFORMATION

• Magicvets longs to provide accurate product and pricing information, pricing or typographical errors may occur.
• Magicvets cannot confirm the price of the product until after you order.
• In the event or episode that an incorrect price is listed or with incorrect information, or wrong description due to typographical error or errors in pricing information, Magicvets shall have the right, at Magicvets Pvt. Ltd. has sole discretion to refuse/cancel any orders places for that product, until and unless the product has already been dispatched.
• In the event that a product is incorrectly prices, Magicvets at its sole discretion, can cancel the order placed and notify user of such process.
• Unless the product is received by the user, your order will not be accepted and Magic vets will have the right to modify/change/alter price of the product and inform the user for further instructions using the e-mail address provided by user during the time of registration or can cancel the order and notify user of such cancellation.
• In the process, Magicvets accepts your order, the same shall be debited from your credit card account and duly notifies to you by e-mail that the payment has been processed.
• All prices are inclusive of VAT unless stated otherwise.

SHIPPING AND DELIVERY POLICY FOR PRODUCTS

• Shipping in India and for domestic buyers (India) orders are shipped through domestic courier companies only.
• Buyer’s shipping address, pin code will be verified with the database of website before buyer proceed to pay for any purchase. In such conditions, where buyer’s order is not serviceable by logistic service provided or by seller or the delivery address not located in an area that is covered under the order confirmation form, buyer may provide an alternate shipping address on which the product can be delivered by the service provider or seller.
• Please do not that there is no guaranteed dispatch and delivery time and any information and assurance about the dispatch and delivery time is only estimated.
• Usually orders are delivered within five to seven working days or as per the delivery date agreed upon at the time of order confirmation and deliver of shipment subject to courier company/post office norms. Please note that time is not the essence of bipartite contract between the buyer and the seller for purchase product and sale of product on/ through the website. However, the product shall not be delivered to the buyer unless the buyer makes the payment of the purchase through credit or debit card only at all times.

• There are different delivery models as decided by the seller. The risk of any damage or loss/perishing of the product during the course of delivery/during transit shall be on the seller and not on buyer.
• Seller represents and warrants that the products being delivered are not damaged and are the same products which are listed and advertised by the seller on the website and purchased by the buyer and meet all the parameters and specifications as detailed on the website.
• Buyer shall be bound to take the delivery of the products purchased by the buyer that is said to be in a deliverable state.
• If the buyer neglects or refuses to accept the delivery of the product ordered by the buyer, the buyer will be liable to the seller for such non acceptance and shall further be liable to Magicvets Pvt. Ltd. for any loss of any fee/ or charges that Magicvets Pvt. Ltd. and its third party shall have earned from the seller if such delivery or transactions should have been completed. Buyer acknowledges that such damages or loss to Magicvets Pvt. Ltd. and its third party are not indirect or consequential.
• The products and other rights and interests of the product shall directly pass on the buyer from seller upon delivery of such products and upon full payment of the purchase. On delivery, the buyer has bound to accept the products. The risk of loss shall pass on to the buyer upon delivery of product.

RETURN AND/OR REPLACEMENT POLICY

• Buyer’s product related complains for refund or return will be processed in accordance with the buyer’s and seller’s mutual understanding.
• Both parties i.e. buyer/seller should have agreement and mutual accordance. However in any case of false complaints or baseless or frivolous reasons for the return of the delivery/quality of the product, the buyer is not eligible for any sort of refund or replacement.
• Before accepting the product delivered, the buyer shall ensure that product’s packaging is not damaged or tempered or same product is delivered which is ordered from the listing.
• In case the buyer’s order a wrong item/items, Magicvets Pvt. Ltd./ seller is not entitled for any return/refund and shall not be held responsible in any such circumstances.
• The return process of the product may be subject to additional terms depending on the nature and category of the products.
• Any such information may be specifies on the website/intimated by the seller at the time of the purchase of the product.

Few rules for the process of the product as follows:

• Consumable/perishable items will not be returned/refunded, the list of such products include in any case the seal is broken or the product is tempered with.
• List of such items include food, grooming products/equipment/medicinal, oral supplements, apparels, beds and other accessories.
• In case of damage or any missing product from the list, the buyer needs to send complain request within twenty four hours from the time of delivery with visual proof of the damaged products.
• All the products/any of the products to be returned must be unused and must be surrendered in their original conditions along with all the original tags and packaging intact and should not be broken or tempered with. In case the absence of the tag which is originally provided, the product will not be returned.
• In the events of the return of the product, it is agreed upon by the seller that the value of the product as originally paid by the buyer  during acceptance of the product will either be refunded to the buyer either  through the bank account provided by the buyer for such refunds or Magicvets Pvt. Ltd. shall have the sole discretion to determine the mode of reversal from the above options.
• Refund will be made only after the quality check processing by Magicvets Pvt. Ltd. and decisions shall be sole discretion of Magicvets Pvt. Ltd.
• Buyer agrees that if the returned product is not accepted by the seller then Magicvets Pvt. Ltd. shall have the right to sell those products and give all the valid titles and rights and interest including warranty and other collateral benefits associated with the products to any third party to whom the products are sold.
• Return Policy will be ensured by Magicvets Pvt. Ltd. and the mode of Return will be sole discretion of Magicvets. Pvt. Ltd.  The refund will be generated only through exchange and the cash return will not be encouraged.
• In case , the defective item is to be replaced, contact the Magicvets Pvt. Ltd. within twenty four hours of the time of delivery.
• The defective product/part of the product will be recalled and replacement will be shipped immediately.

CANCELLATION OF TRANSACTION/ORDERS

• DONE BY SELLERS – There may be certain orders that seller is unable to accept and has the right to cancel directly or through Magicvets Pvt. Ltd. to do the same, seller shall have sole discretion to refuse/ cancel any order for any reason whatsoever. Some circumstances in which the buyer’s order is cancelled, may include without limitations non availability of the products/ quantities ordered by the buyer/ inaccuracies in pricing information.
• For few products additional verifications for information may be required
• All such cancellation shall be without any recourse to buyers and without any liability to the seller or Magicvets Pvt. Ltd.
• If buyer’s order is so cancelled, after the payment has been processed, the amount will be remitted/ reversed to the buyer, either to the bank account provided by the buyer for such or Magicvets Pvt. Ltd. shall have the sole discretion to determine the mode of reversal
• CANCELLATION DONE BY THE BUYER – In case of request of order cancellation, seller reserves the right to accept/reject request for order cancellation for any reason what so ever.
• In case the cancellation is done before the transaction process is complete, the seller may refund the entire amount within reasonable agreement of the time.
• In case the transaction is complete and then cancellation is demanded, the seller will not be able to cancel order that has been already purchased by the buyer.
• Buyer is liable to agree with the decisions made by the seller and or by the Magicvets Pvt. Ltd.

GOVERNING LAW

• These terms of sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. Users/buyer acknowledges that these terms of sale are solely for users benefits and it is not for the benefit of any other person.

TERMS AND CONDITION

• Magicvets.com welcomes you to website.
• These website terms of use (Terms of Use) is an electronic record in the form of an electronic contract formed under Information Technology Act 2000 and rules made these thereunder and the amended provision pertaining to electronic documents/ records in various statutes as amended by the Information Technology act 2000.
• These terms of use do not require any physical, electronic or digital signature.
• These terms of use is legal binding between user and Magicvets.
• The rules (terms of use) are governed for the use of Magicvets website (Site).
• By using, adding information/ visiting the site user expressing agreement that you have read, understood and agree and are bound by terms and condition listed and liable to follow them.
• All applicable laws and rules listed on the site governs the site inclusive of not limited to any additional/ amended terms/conditions as applicable from time to time regardless of how services are used by user.

• Magicvets.com/Magicvets Pvt. Ltd. reserves the right to change these terms at any time effective immediately upon posting the site.
• This document is published and shall be constructed in accordance with the provisions of rule 3 (1) OF THE Information Technology act 2000 (intermediary Guidelines) rules 2011 under information Technology Act 2000 that requires publishing the rules and regulation privacy policy and user agreement for access/Usage of the website.
• While reading these terms of use of the website located that URL www.magicvets.com and on mobile app under the name Magicvets (the website) is referred to as Magicvets Pvt. Ltd. (hereafter referred to as Magicvets/we/us/our) and guests user or registered users of the website or visiting as guests users (hereafter referred to as you, your/ yourself/ user)
• Likewise the offers you access to the website and such other services as are incidental and ancillary there to ( services).
• Free anti-rabies vaccination (one dose) will be given free of cost under the scheme / camp to the puppy or adult dog /cat / rabbit which must be vaccinated previosly or along with for the nine in one, corona and kennel cough.

PLEASE READ THESE TERMS OF USE VERY CAREFULLY BEFORE USING/ ACCEPTING/ REGISTERING ON THE WEBSITE OF ACCESSING ANY MATERIAL, INFORMATION/ SERVICES FROM THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE,

• Terms of use along with

• Privacy Policy.
• The Terms of Use.
• The other policies of the website under Policy Information section/ elsewhere on the website.
• The seller agreement available at sellers (for sellers of the products associated with the website).
• And any other terms which may be listed or apply to specific services (additional Sevices  terms) together with all other notices, disclaimers, guidelines appearing on the website from time to time (agreement), comprises of the whole agreement which you are allowed to access and avail the services.
• Upon accessing the Magicvets mobile app, accessing the services , than in occurrence of such events Terms of Use will apply to such use, in addition to the new terms, ( which are imposed by mobile application store from time to time ) which govern the mobile application.

GENERAL USAGE

• Magicvets is a company established under the Laws of India with its registered office – Shop No. 159, Jaipuria Plaza, sector 26, Noida -201301, India.
• Magicvets is an establishment in the form of an online market place and is limited to managing the website to enable sellers to exhibit, add, display and make available and offer to sell the products and to enable buyers to purchase the products  so offered ( Products) and other incidental services, thereto ( services) inclusive of the use of website by any user.
• These terms of Use are subject to revision at any time and hence the users are requested to carefully read these terms of Use from time to time.
• The “revised” Terms of Use will be made public on the website.
• The users can determine when Magicvets.com last modified any part of the agreement by refining to the “last updated” segment available.
• It is your responsibility to check these terms of Use periodically for changes.
• Any such change will constitute your acceptance of those changes.

SITE VISIT AGREEMENT

• You agree that upon your visit, view and retain a copy of pages of this site for your own personal used and that you shall not duplicate, download, publish, modify, scrape and otherwise distribute the material on this site for any commercial use or for any purpose other than as determined in these terms.

REGISTERING WITH THE WEBSITE

• While registering on the website, user is approved for availing the services provided.
• While registering user will be notified for their contribution in the form of articles, rating, blogs, feedback, get e-mails, alerts etc.
• Sellers also need to register in order to revert to certain issues first forth by Users/ Participate in any contribution towards the site.

AUTHENTICATION SERVICES

• Upon registering for the website, using an authentication services, you agree that Magicvets shall have sole discretion to access your account information from the Authentication Services. You agree that any  “ authentication services“ is a reference site and you are sole responsible for your processing with the Authentication Services as a result of accessing the website through  the Authentication Services.
• Magicvets shall have full/sole right to collect your personal information to conduct its business and to enable itself to deliver and improvise its services.

ELIGIBILITY TO USE

• The services are not permissible to minors under the age of eighteen year/ or any users restricted or removed or suspended from the Magicvets systems for any reasons whatsoever.
• If you are not allowed/suspended or not qualified for the available services, you shall not be allowed to avail any/all services or use of the website.
• Upon representing your legal age to form a binding agreement and are not suspended from receiving any/all services applicable under the Laws as applicable in India.
• Magicvets hold full right to refuse/deny any kind of access to the services which are listed on the website to either old users or new users at any time without citing and obliging any kind of reason and details to do so.
• You shall not have more than single account active on the website. Also you are prohibited/ restricted from selling/trading or else transferring your active/deactivated account to any other person/ party/ seller/user.

USER ACCOUNT, PASSWORD AND SECURITY

• User has an option to access the website and avail services as a registered user/as a guest user. However not all sections of the website and no services of ambulance and clinical part will be accessible to guest users.
• For registered users  à Magicvets let its registered users to avail certain sections of the services on the website only if user have provided the website certain required user information and created an account and have Magicvets login id and password( account).
• Users can also create user’s account on the website through logging in by user’s third party website user id and password including that of www.facebook.com, website owned by www.yahoo.in or its subsidiaries, www.google.in or its subsidiaries, twitter or any other social media website or any other internet services as permitted on the website (Either through Magicvets or any other third party login as described above), will be individually or collectively referred to the “Account Information”.
• If you register as a user by creating an account to avail the services provided by the website and app and ambulance services, you will be liable/responsible for maintaining the confidentiality and sincerity of the Account Information and you be fully responsible for all activities that happens/ occurs in Your Account.
• If anything occurs in your account without your knowledge, you agree to immediately inform/notify Magicvets through call and e-mails (Both) of any unauthorized use of your account information or any other security breach.
• This is fully your responsibility to ensure that you exit from your account at the end of each session. Magicvets cannot and will not be held responsible/liable respectively for any loss/damage/undue occurrence/ arising from your failure to comply with this section. You and solely you will be responsible for losses/damages / undue occurrence arising from your failure to comply with this section. You and solely you will be responsible for losses/ damages incurred by Magicvets and also to any other user of / visitor to the website because of any unauthorized / authorized use of your act due to failure on your part to ensure the security and confidentiality of your own account.
• You shall ensure that account information you provided for the website registration form is complete, accurate and up-to-date. Using another Users account information for any service is completely prohibited.
• Magicvets is not liable to you/ third party for damages/ loss that you / third party may suffer howsoever arising from your disclosure of personal information in any public platform.  You are advised to disclose any information accordingly at your own risk.
• Upon providing information that is false, inaccurate, incomplete or outdated or later declared as false, inaccurate, incomplete and outdated or Magicvets comes cross any similar grounds , Magicvets will have full right to close / terminate , deny uses account and refuse any and all current/ future use of website/ services/ ambulance services / clinical services thereof.

GUEST USERS:

• Limited access to avail services will be allowed for unregistered users (guest). Any such users will be able to browse and purchase products and place orders. However, no notification of any kind will be shared with such users. They will also be restricted from using any access to certain benefits like ambulance, clinical services which is reserved for registered users only. Benefits Terms will change from time to time.
• If registering with Magicvets, you will have access to sharing and personalizing your account content. Receive/add and view comments, dog blogs, rating from present format to advance format.
• But by having account you are liable to agree to take full responsibility for protecting the confidentiality of your account information (Name/personal any/all related activities occurring in your user name). If any/all of these terms are violated, Magicvets will have sole discretion to terminate your accounts, remove/ modify/suspend any content/ access and Magicvets will also have sole discretion to take any legal actions that Magicvets believe is appropriate.
• Either you are seller/buyer/ another user who otherwise uses website and/ or the nature of the services you wish to avail from the website, you may be required to provide certain data which is either personal or professional or may be both. Magicvets may also collect certain personal information from other platforms. Magicvets’ collection and your own inputs and provisions of collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Magicvets Privacy Policy which is accessible and must be read carefully at http://www.magicvets.com/page/terms  (“Privacy Policy”).

PAYMENT RELATED INFORMATION

• At present Magicvets does not charge any fee for browsing/visiting/buying any products on the website but Magicvets may charge user certain fee as services and website as a whole or for certain features of the website/services.
• By visiting our website or by purchasing you agree/liable to pay any such fee and when applicable.
• You will be made aware (Magicvets will try to ensure) of any such use of websites/services. You agree that Magicvets may at any time change, charge, modify or waive fee required to use the website. Upon doing so (Charge/change/modify and waive), your use of the website/services will be considered your full acceptance of any such changes and the applicability of these Terms of Use to such changes

• You agree and are liable to provide correct and accurate financial information such as credit/debit card details/ internet banking services or any other Mode of Payment details to the approved payment gateway or prepaid instrument details for availing any services.
• You shall not use any credit/debit/internet banking which is not legally owned by you, yourself.

The information provided by you will not be utilized, shared or compromised with third party unless required in relation to frauds/ legal verifications or by legal authorities under law, regulation or court orders or in accordance with the terms of the Privacy Policy.

• You will be solely responsible to ensure the security and confidentiality of your credit/debit card details or prepaid instrument of your account.
• Magicvets, hereby, disclaims any/all liabilities or cannot be held responsible for any kind of consequences of any unauthorized use of your credit/debit card and prepaid instrument account.

• In course of single transactions, Magicvets may have an existing agreement with its banks regarding limits on the amount to be paid by user (Buyer) or receiver (Seller). It will be ensured that you are made aware of any such limitations if applicable.
• However, Magicvets cannot be/shall not be held responsible/liable whatsoever in respect of any laws or damage arising directly or indirectly out of the decline of authorization for any transactions, on account of you/card holder/seller may have exceeded the present limit agreed by Magicvets and its bank from time to time.
• Payments made by tou for buying any products on the website, in addition to all the Agreement(s), the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you.
• Your bank/financial institution/card issuing association may decline and prevent you from making electronic payments for buying the products on the website. Magicvets does not control or have no rights to control the same and shall be liable for the same.

PAYMENT FACILITY

• Magicvets may from time to time contact with third party payment service providers, including banks to open nodal bank account under applicable Indian Laws to facilitate the payments (Between Buyers/Sellers) and charges such as Magicvets service charge or any other charge/fee).
• The third party payment service providers may include third party banking/credit and payment gateways/payment aggregators, prepaid instruments, cash on delivery or demand draft/pay order on delivery service providers, mobile payment service providers or through any facility that may be authorized by the RBI or collection and refund and remittance, as the case may be for the same in any manner.
• Magicvets shall facilitate/initiate the remittance of the payments made by your for your purchase orders on the website after the products delivery.

USER OBLIGATION AND MAGICVETS ROLE

• Magicvets grants with respect to compliance with the Agreement(s) grants you a non exclusive, non substantiable, non licensable, non transferrable and limited rights to access and use this website with any service provider.
• Under the Permitted events of the Agreement(s) inclusive of Terms of Use, any Applicable Laws, only you are liable to agree to use the services, website and the content.
• You are liable to agree to adhere to all limitations on dissemination, use and reproduce of any material ( as product catalogues) in accordance with clause of use of contact.
• Other than provided interface by Magicvets, user cannot access (attempt to access) the website/service or you will be held responsible.
• You shall not use deep-link, robot, spider or any automatic device, program, algorithm or methodology and/or any similar or equivalent manual process or program to monitor, access, acquire, copy any portion of the website or content thereon or for any other unauthorized purpose or in any way produce/ circumvent the navigational structure or presentation of the website or to obtain or attempt to obtain any material, documents or information through any means not specifically made available through the website.
• If you believe that any content or matter or user contacts or user content or any other content available on the website does not go in accordance with the terms of Agreement(s) or Applicable Law, you may report such content in the manner prescribed under clause “complain” herein.
• Websites allows its user to post certain content, data/information of your own such as allowing you to rate products and sellers, post your comments and reviews in relation to products on specific pages of the website, may also submit any suggestions, comments, reviews, questions or kind of query/information to website/service [as ‘user content’].
• You will be solely responsible for the content that is uploaded, posted, published, transmitted or made available by you.
• You have sole responsibility of all the content posted and you ensure that it is with relevant consents and appears on the website.
• You are responsible that content uploaded by you is in accordance with the applicable law. You also acknowledge that Magicvets does not endorse any user content and is not responsible/ liable for any user content. However, Magicvets has sole right to disable access to the user content on the website.
• You/user/seller hereby grants Magicvets a perpetual, non-revocable, worldwide, royalty free and sub- licensable right and license to use, copy, distribute, display, publish and transmit, make available, reproduce, modify and adopt the user content and create derivate work of user content.
• You take full credit and are responsible that you own or otherwise control all of the right of the content posted by you or from your account on or through the website and at the date of submission on the website: (i) the content is accurate (ii) user content you supply does not breach the Terms of