Exciting News for Pet parents! vitalvittles.in (an initiative of Cosmo First Limited) acquired Petsy, to offer complete pet care to all Pet Parents.

vitalvittles.in is an omnichannel pet care platform offering holistic experiences for pets and pet parents through a wide range of breed-specific product offerings, premium grooming services, and complete vet care.

With the combined strengths of vitalvittles.in, the pet parenting experience will enhance as you will get a wide selection of premium goods, pet grooming & vet services with outstanding customer service to meet all your pet’s needs.

Join us in celebrating this milestone and stay tuned for new and exciting offerings, exclusive promotions, and delightful surprises in the world of pets. Together, vitalvittles.in will continue to bring joy to pet parents.

Thank you for your continued support, and we look forward to serving you and your furry friends with the utmost care and dedication.

Explore vitalvittles.in for further updates and information on what’s new in the pet care space.

1. Introduction

 With a large selection of breed-specific products, first-rate grooming services, and comprehensive veterinary care, vitalvittles.in is a blended channel pet care platform that provides holistic experiences for both pets and pet owners.

PRIOR TO USING vitalvittles.in (the “Website” or “Platform”). PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE (henceforth referred to as the “Terms of Use“) governed your use of the website and your access to it. Only if you agree to the terms of use listed below will the website be available for your use. DO NOT ACCESS OR USE THE PLATFORM IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE. You agree to be bound by vitalvittles.in by implicitly or explicitly accepting the terms of use in policies (such as the privacy policy, but not only), as they are updated periodically and made accessible on the platform. You, and the organization you are authorized to represent agree to be bound by the terms of use by accessing or using the Platform.

It is your responsibility to make sure that the Platform and the materials accessible on or through it are lawful in every jurisdiction in which you access or view the Platform or such materials.

Known as “vitalvittles.in” (“us”, “we”, or “our”) the Platform is owned by _________________, a registered partnership with its registered office located at ____________________________.

2. General

• According to the Information Technology Act of 2000, its applicable regulations, and its periodically revised provisions dealing to electronic records, this document is an electronic record. A computer system created this Website, which doesn’t need any digital or physical signatures.
• In the context of the Terms of Use, “you“, “your”, or “user” refers to any natural or legal person who has consented to become a customer on the Platform by submitting your information and data during the registration process utilizing the computer and mobile systems.
• The Website is a portal on the internet that ye own and manage. Usage of the Website is made available to you, subject to your acceptance without modification of the terms, conditions, and notices set forth in this Terms of Use, as well as any updates or modifications made by us in our sole discretion and displayed on the Website.
• You acknowledge that we may at any time cease all or a portion of the Website and/or the Goods thereunder, as well as amend, modify, add, or remove elements of these Terms of Use. It is your obligation to regularly check these Terms of Use for updates. You will be deemed to have accepted and agreed to the changes if you continue to use the Website after they have been posted. If the Terms of Use are modified, we are not obligated to tell you, whether you are a registered user or not.
• Before making any further use of the Website, we may demand that you express your agreement to the Terms of Use in a certain way. Your continuing use of the website will be deemed acceptance of the Terms of Use, including any changes made, if no such specific consent is required.

3. Eligibility to Use

• Your continuing use of the website will be deemed acceptance of the Terms of Use, including any changes made, if no such specific consent is required.
• Only those who are able to create legally binding contracts under the Indian Contract Act of 1872 may use the Platform. The Platform is not available to those who are ‘incompetent to contract’ as defined by the Indian Contract Act of 1872. You cannot register as a user of the Platform and you are not permitted to use or transact on the Platform if you are a minor, meaning you are under the age of eighteen. If you want to use or transact on the Platform as a minor, your parents or legal guardian may do so; they must be registered on the Platform. In the event that you are found to be under the age of eighteen and/or incapable of entering into a contract as defined by the Indian Contract Act, 1872, vitalvittles.in retains the right to cancel your membership and/or deny you access to the Platform.

4. User Account, Password, and Security

• You may buy the Items made accessible by us by creating an account (“Registered User“), You must create an account with us for the Registered User by supplying the necessary User details (“User Account“) using your vitalvittles.in ID and password (the “Account Information“). Also, there are no costs or fees associated with opening a user account with vitalvittles.in. You are responsible for making sure the Account Information you enter into the website’s registration form is correct, complete, and up-to-date. The Platform reserves the right to suspend or terminate your User Account and prohibit any and all current or future use of the Website if you provide any information that is, or becomes, false, inaccurate, not current, or incomplete, or if vitalvittles.in has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete (or any portion thereof).
• You agree to take full responsibility for all activities that take place under your User Account and for maintaining the confidentiality of the Account Details. It is expressly forbidden to use another user’s account information to access the products.
• You hereby undertake to (a) promptly alert vitalvittles.in of any unauthorised use of your Account Information or any other security breach, and (b) take all necessary steps to ensure that you exit from your User Account at the conclusion of each session. If you do not abide by this, vitalvittles.in cannot and will not be held responsible for any loss or damage that results. You also understand that if you fail to keep your Account Details secure and private, ­vitalvittles.in or any other user of or visitor to the Website may hold you responsible for losses sustained as a result of authorised or unauthorised use of your User Account.

5. User Obligations

• You are given a non-exclusive, limited right to access and use the Website and buy the Goods, subject to compliance with the Terms of Use and other Platform policies. vitalvittles.in shall not be liable for any decisions you make regarding the purchase of the Goods; you must assume full responsibility for these decisions.
• You agree to use the Website and the Products provided therein only for purposes that are permitted by: (a) these Terms of Use including, the Shipping Policy, the Return and Refund Policy, and the Privacy Policy; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
• In line with the provisions of these Terms of Use, you agree to fully abide by all restrictions on the dissemination, use, and reproduction of any materials you access on the Website.
• You consent to not using any other method than the provided interface to access (or attempt to access) the Website and the Goods. By using or accessing the Website, you realise and agree that you may be exposed to user-generated content that you may find offensive, indecent, or otherwise objectionable. The Platform disclaims any responsibility for any damages brought on by the offensive material on the Website. Also, you may report such offensive information in the way specified by these terms.
• You acknowledge that any violations of the Terms of Use on your side, as well as any losses or damages vitalvittles.in or its affiliates may sustain as a result, are exclusively your responsibility to vitalvittles.in and any third parties.
• You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, ‘password mining’ or any other illegitimate means.
• You shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
• You shall not make any false, negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish the image or reputation of vitalvittles.in or otherwise tarnish or dilute any vitalvittles.in trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
• You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or vitalvittles.in’ systems or networks, or any systems or networks connected to vitalvittles.in.
• You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
• You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal send to us on or through the Platform or any service offered on or through the Platform. You shall not pretend that you are or impersonate any other individual or entity.

6. Privacy Practices

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy to ensure that your personal information is sufficiently protected. Apart from there Terms of Use, the Privacy Policy shall also govern your visit and use of Platform. Your continued use of the Platform implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions as amended from time to time and uploaded on the Platform. You consent to the use of personal information by vitalvittles.in in accordance with the terms of, and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the Platform.

7. Use of Materials and Intellectual Property Rights

• The Website and the Products, including but not limited to all text, design, layout, graphics, user interfaces, artwork, and computer code (collectively, the “Content“) on the Website, are owned and controlled by vitalvittles.in. The layout, design, selection, coordination, expression, look, and feel of the Content are all protected by trademarks and other intellectual property rights. vitalvittles.in is the owner of the trademarks, copyrights, logos, and service marks (“Marks“) displayed on the Website. Without vitalvittles.in’s permission in advance, you may not use the Marks in any way. Additionally, you acknowledge that any infringement on vitalvittles.in’s intellectual property rights could subject you to legal action.
• Except as expressly indicated to the contrary in any applicable Additional Terms, vitalvittles.in hereby grants You a non-exclusive, freely revocable (upon notice from vitalvittles.in), non-transferable access to view, download and print the contents or any other materials available on the Website, subject to the following conditions:

1. You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use; and
2. You may not modify or alter any Content or any other materials available on the Website.

• The Content or any other materials mentioned therein are the only things for which You have been given the rights mentioned above. You agree that the Website’s layout, appearance, and overall design are vitalvittles.in’s intellectual property and are prohibited from being duplicated or imitated in whole or in part.

8. Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

• in makes no warranty that:

1. The Website will meet Your requirements or Your use of the Website will be uninterrupted, timely, secure or error-free;
2. In case of any errors or defects in the Website or other materials will be corrected.

• Any recommendations or information—oral or written—that you acquire from vitalvittles.in does not endow you with any warranties that are not already expressly mentioned in these Terms of Use.
• in will not have any liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws.
• in will not be liable for any loss that you may incur as a consequence of unauthorized use of your User Account or Account Information in connection with the Website either with or without your knowledge.
• in also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
• in shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond vitalvittles.in’s control.

9. Payment terms and conditions

• The price list mentions the prices of each Product, and the Registered User shall pay the amount in Indian Currency (i.e., Indian Rupee) only. vitalvittles.in reserves the right to change the price of the Products at any time. vitalvittles.in will permit the Registered User to buy the Products using the following modes of payments:

1. Credit Cards/Debit Cards;
2. Internet Banking;
3. any other mode of payment as solely decided by vitalvittles.in.

• Payment made by credit card or any other mode as mentioned above should be received by vitalvittles.in on time. If for any reason vitalvittles.in does not receive the payment from the credit card issuer or third-party gateway in any of the above payment modes, then you shall pay all the amounts due on demand by us.
• In case while making the payment through online gateway the amount is debited from the Registered User account but the same is not credited to vitalvittles.in’s account, then it will be treated as non-receipt of the amount by the Platform. In such case vitalvittles.in will not deliver the Products and it will not be liable to refund the amount debited.

10. Return Policy

The only items that are covered by the Website’s return policy are “[please provide]”. If you receive any damaged Products, you must start the return or replacement process within 30 days of the day you received the Products. Also, send [customer support email] the clear pictures of the damaged Products. The item must be brand new and unopened and not have been used. The Platform will make arrangements for the merchandise to be picked up at the delivery location. The Platform will examine the Products once it has been delivered, assess its condition, and then start the return/refund process as necessary.

Further details are as provided under the comprehensive Return and Refund Policy of the Website.

11. External links from the Website

For your convenience, vitalvittles.in may offer links to external third-party websites (“Links“). You acknowledge that the Links are outside of the Platform’s control and that they were obtained from sources that were thought to be trustworthy. In addition, vitalvittles.in makes no representations or warranties about any of the information contained in these Links, and the Platform will not be held responsible for any harm you may incur as a result of relying on or using such material. You use and rely on any Links and the information they contain at your own risk. Before utilising, you must review the terms and conditions of use for such Links. Without the Platform’s express prior written consent, no hypertext links may be established to the Website from any website that you manage or from any other source. If you would want to link to this website or would like to request a link to your website, you can email [email].

12. Indemnification and Limitation of Liability

• You agree to indemnify, defend and hold harmless vitalvittles.in including but not limited to its affiliates, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by vitalvittles.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use.
• In no event shall the Platform, its officers, directors, employees or partners be liable to you for any special, incidental damages whatsoever, including those resulting from loss of use, data or profits, breach of contract, negligence or any other claim arising out of or in connection with your use of or access to the Website.
• The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws in India.

13. Violation of the Terms of Use

• You agree that the Platform may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if vitalvittles.in determines that you have violated these Terms of Use. You also agree that any violation by you of these Terms of Use shall constitute an unlawful and unfair business practice, and will cause irreparable harm to the Platform, for which monetary damages would be inadequate, and you consent to the Platform obtaining any injunctive or equitable relief that the Platform deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Platform may have at law or in equity.
• You agree that the Platform may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) unexpected technical issues or problems; (4) on complaint received by any User on any violation of the terms hereunder and if the Platform is satisfied as to the breach or violation complained or (5) if You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same). The decision of the Platform shall be final in all such matters.
• If the Platform does take any legal action against you as a result of your violation of these Terms of Use, the Platform will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Platform.

14. Force Majeure:

Vitalvittles.in, shall not be liable to you for failure or delay of performance of its obligations, to the extent that such failure or delay is caused by riots, civil commotion, wars, hostilities, pandemic, epidemic, embargoes, actions by governments or any agency thereof, acts of God, storms, fires, accidents, strikes, sabotage, explosions or other similar or different contingencies beyond the reasonable control of the Party.

15. Miscellaneous
    • Governing Law and Arbitration: Any claim, differences or dispute arising under or in connection with or in relation hereto this Terms of Use shall be governed by the applicable laws in force in India. Any dispute, differences or controversy of whatever nature and howsoever arising under or out of or in relation to this Terms of Use (including its interpretation) between the parties, and so notified in writing (the ‘Dispute’) shall be referred to Arbitration Centre-Karnataka for Arbitration. The Arbitration shall be conducted by a Sole Arbitrator appointed by the ‘Arbitration Centre-Karnataka’ as per Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of Arbitration shall be Bangalore and it shall be conducted in English language. The arbitration award shall be final and binding on the Parties. In any case, for supervisory, injunctive relief or relief of specific performance, this Terms of Use and any Dispute shall be subject to the exclusive jurisdiction of courts in the city of Bengaluru, India.

• Report Abuse: In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Website, please report to the Platform.
• Privacy Policy: The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Platform in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to you.
• Notice: All notices of the Platform will be served by email. Any notice provided to the Platform pursuant to the Terms of Use should be sent to the address as notified in the Website.
• Waiver: Any failure by the Platform to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Platform of that provision or right.
• Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Platform’s rights under the Terms of Use are freely transferable by the Platform to any third parties without the requirement of seeking your consent.
• Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

16. Contact Us

In case of any queries with regards to these Terms of Use, please feel free to reach out to us at info@vitalvittles.in or call us at +91 99010 05450.

Trade Mark Policy:

vitalvittles.in is an omnichannel pet care platform offering holistic experiences for pets and pet parents through a wide range of breed-specific product offerings, premium grooming services, and complete vet care. We connect customers with high-quality products and services while ensuring efficient order fulfilment. This policy provides for an overview of trade mark rights and various legal issues that might arise when interacting and purchasing from vitalvittles.in. vitalvittles.in does not encourage and permit such listings that violate the trade mark of registered proprietors.

As frequently used in this policy, the terms “we”, “us”, “our” or “Vitavittles” shall mean vitalvittles or its successors-in-interest and such permitted assigns or its affiliates, as the case may be and the term “you” shall denote the customers (persons or entities) intending to purchase food and other pet services on the vitalvittles platform. We require strict adherence to the policy at all times by the customer who intends to purchase products on this website and any non-permitted use of the vitalvittles’s mark in violation of the terms of this policy shall automatically amount to infringement of our trade mark.

The unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited. “vitalvittles” is a bonafide trade mark coined and perceived by the founders of vitalvittles and may be used only with vitalvittles’s express written permission. The only way to obtain permission to use vitalvittles’s trade mark is by entering into a written license agreement with vitalvittles signed by both vitalvittles and the licensee.

Prohibited use of our trade mark and trade marks of registered proprietors

1. Do not remove, alter or distort any element of vitalvittles’s trade mark or branding, which includes modifying vitalvittles trade mark.
2. Do not shorten, create abbreviations, or acronyms out of vitalvittles trade mark.
3. vitalvittles’s trade mark shall not be used in any manner that expressly or impliedly denotes that vitalvittles has any affiliation, sponsorship, endorsement, certification, or approval of your product or company, unless specifically authorized by vitalvittles.
4. Do not display vitalvittles’s trade mark or branding in such a manner that in vitalvittle’s sole opinion is misleading, unfair, defamatory, infringing, obscene, or otherwise objectionable to vitalvittles.
5. Do not display vitalvittles trade mark or branding on a site or on material in such a manner which is in contravention with any law or regulation.
6. Do not use vitalvittles’s trade mark in false or misleading advertising.
7. Do not incorporate vitalvittles trade mark or branding into your own product name, service names, trade marks, logos, or company names.
8. Do not adopt marks, logos, slogans, or designs that are confusingly similar to vitalvittles’s trade mark or branding.
9. Do not copy or imitate vitalvittles’s trade dress, including the look and feel of vitalvittles web design properties or vitalvittles brand elements, distinctive colour combinations, typography, graphic designs, product icons, or imagery associated with vitalvittles.
10. Do not use or register vitalvittles trade mark as or incorporated in social media account names, profiles, or aliases.
11. Do not register vitalvittles trade mark as second or third level domain names.
12. Do not use vitalvittles trade mark in a way that suggests a common, descriptive, or generic meaning.

FAQs:

1. What is a trade mark?

A trade mark could be said to be a word, design, logo or a symbol or a combination of the same that a company uses to identify its goods or services so as to enable customers and the public at large to distinguish the goods and services of that company from other companies’ goods and services. Trade mark plays a vital role in preventing customer confusion by clearly indicating that the goods or services offered belong only to the registered proprietor of the trade mark.

1. What does trade mark law protect?

Trade mark law protects the reputation and goodwill of the registered proprietors of the trade mark by deterring non-permitted users from using the trade mark of the proprietor. The aim of trade mark law is to prevent customer confusion which is guaranteed by distinguishing goods and services of one registered proprietor from another entity’s goods and services. The registration of a mark provides the owner of the mark the exclusive usage of the mark to the exclusion of the public. A trade mark owner might be able to stop others from using a particular mark, which is deceptively similar or identical with the registered mark, if using the mark is likely to cause a customer to be confused about whether the product being sold is the trade mark owner’s product.

1. What is Counterfeiting?

Counterfeiting is a type of trade mark infringement, where a person unlawfully causes reproduction of a registered trade mark, or a mark that is very similar to a registered trade mark, in connection with the sale of a product that does not come from the trade mark holder, but appears as if it has been produced by the registered proprietor. It is necessary to use the registered trade mark on the product or packaging.

1. Who can report violations of the policy?

vitalvittles shall take suo moto cognizance of any trade mark infringements or it shall investigate requests that are submitted or reported by the trade mark holder, their authorized representatives, by the buyers of the products sold on this website.

1. What if I did not know I was violating/had violated someone’s intellectual property?

Customers are expected to comply with all the Acts, Regulations, Rules and policies laid down by the Government of India and are also expected to adhere to vitalvittles’s policies. vitalvittles takes cognizance and claims of intellectual property infringement seriously. Even if it is found that a customer is infringing on someone’s intellectual property without knowledge, we will still take action and the buyer’s account might receive a warning or be suspended. You should consult an attorney for help to ensure that your business has the right procedures in place to prevent IP infringement.