TERMS & CONDITIONS
Welcome to Only4Pets (hereinafter referred to as the “website” or “site” or “we” or “us”). The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our website constitutes your agreement to all such Terms.
Our website is owned and operated by Only4Pets with its office located at Indore, MP, India. Our website is an online platform that provides a venue to the users to buy and sell pets and related services and products provided by other users. The platform allows users to put up posts to facilitate the transactions.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us.
This website reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
The website acts as an interacting and meeting platform for pet enthusiasts, commercial business transactions through animal breeders, pet shop owners, pet shop product owners and also welfare organizations (NGO’s) who may post their requirements through advertisements and Pet Shop Owner Can Sell pet food and other pet related accessories & Services. The users of this website may interact with each other according to the terms and conditions as listed hereunder. Additionally, it also our venture to create awareness and education for all the users through further information and data by usage of our Blogs section, Discussion Forums, Information through Classified Section (Yellow Pages), Kennel Details of India, Event details and to further act as a source of a knowledge gaining center for all users on all such resources relevant under this website.
1. DEFINITIONS AND INTERPRETATION:
I. "Only4Pets" means the online platform that provides a venue to its users to list and publish posts regarding Adoption, buying and selling of pets and related services and products.
III. “Account” means the accounts created by the customers/users on our website in order to use the Services provided by us and require information such as name, email address, password, contact number etc.
IV. “Breeders” means the person who breeds animals for selling them.
VIII. “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our website.
IX. “NGO” means non-governmental bodies who may post ads only for adoption of pets
X. “SNS” means Social Networking Site such as Facebook, twitter etc.
XI. “Individual” means a user who does not fall into the category of a breeder, pet product shop owner or NGO
XII. The official language of these terms shall be English.
XIII. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2. ELIGIBILITY OF MEMBERSHIP:
II. Our website reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
III. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website you agree to be bound by the Terms and Conditions.
I. Some of our services are available to unregistered Users but in order to avail broader access to our services such as uploading posts you shall be required to create an account with us in order to become a registered user (“User” or “member”). Following features on the website will be available to registered and non-registered users:
a. Non-Registered User: Users are only limited to viewing of the posts but cannot take any action unless they register themselves.
b. Registered User: These users who have registered as per the terms and conditions have the following privileges.
i. Breeder: Can view all ads and can post ads for Sell, Stud Service and Buy Ads. They can create, post comment on blog and forum. Breeders can create their own store on website and purchase subscription of website and as per subscription they will get access to specific features in the website. Ads can also be upgraded on payment of specific amount.
ii. NGO: Can view all ads and only post Adoption ads. NGO’s can create NGO Profile on the website. They can create, post comment on blog and forum.
iii. Individual: Can view all ads but can post ads only for Adoption and buying ads and view and contact all breeder store / NGO Profile. They can create, post comment on Blog and forum.
II. In order to avail our services you shall be required to create an account with us. In order to create an account and register with us you shall either create an account with us using online form / Sign Up Form or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook, Twitter, Instagram, VK, Pinterest, LinkedIn or Google accounts (each such account, a “Third-Party Account”) and through our online form for which information regarding your mobile number is mandatory.
III. If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information, profile picture and social network ID to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
IV. If you choose to register with us directly then you must register for an account with us (an "Account") and provide certain personal information such as name, email address, phone number and password and in case of breeder / NGO their registration shall be through individual separate contracts and their login ids shall be created by the administration separately. Sign up forms will be different for all users, as Breeders have to provide additional information such as AWBI registration number and NGOs will have to provide NGO registration number.
V. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Source-wave website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower-case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
VI. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
VII. When creating an Account, don’t:
(a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
(b) Use a username that is the name of another person with the intent to impersonate that person;
(c) Use a username that is subject to rights of another person without appropriate authorization; or
(d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
VIII. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at Support.
IX. You may not transfer or sell your Only4Pets account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
X. Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
XI. One individual can own only have one account in his/her name.
XII. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
I. Our website provides a venue to the users to upload their posts for free, view the posts of others and provide services and products to other users. (hereinafter collectively referred as “Services”.
II. You can post your posts or classifieds on our website for free upto certain limit (Defined by Only4Pets Webmaster /Admin). We do not charge for uploading free posts but for uploading the posts accessing them and using other offered services such as chats and forums, blog, Knowledge Center, Directory you will have to register yourselves. We provide the option to buy additional post or boost your post by paying additional amounts such that to increase the visibility of your post. There are various plans to increase visibility which are mentioned in details later in this agreement.
III. There are various services available on the website:
(a) Breeders: these are users who breed pets and sell them and provide stud services through the ads.
(b) NGO: these are user who can infrom about pets adoption from others through posting of such ads
(c) Individual:These are individual users who can adopt or buy the pets as per their ads and do not fall in either of the above-mentioned categories.
The above are the various services provided for different users on the website. These shall be collectively referred to as “Services”.
I. The different users can make paymentto upgradeservices available on our website.
II. The payment can be made via:
(a) RazorPay Payment Gateway
III. Unless otherwise stated, all prices/fees are quoted in Indian Rupees.
IV. The website shall charge on the following basis for aditional service or marking the posts uploaded as priority / premium post:
b) 6 Month (Monthly Recurring)
c) 6 Month (One Time Payment)
d) Annually (Monthly Recurring)
e) Annually (One Time Payment)
V. Our website uses third party payment providers to receive payments for Services from users. We are not responsible for delays or erroneous transaction execution or cancellation of aditional servicesdue to payment issues.
VI. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
VII. Our website reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
VIII. The users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
IX. Our website reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
X. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
6. SUBSCRIPTION PLANS:
To know about available subscription plans for each type of user's please visit Subscription Detail Page.
7. REFUND AND CANCELLATION:
I. The breeders, Individual & NGOscan cancel their account by serving a 30-day prior notice at Only4Pets.
II. In case the subscription period is remaining at the time of cancellation the website shall not be liable to refund any fees on pro rata basis to the subscriber.
III.The website shall not be liable to refund money paid to buy pets. The breeder shall be liable to refund money to the buyer in case of provision of unhealthy, unfit or wrongly described pet and the website detaches itself from any nature of such liabilities whatsoever.
IV. A user has an option to cancel the plan anytime for which the website will not be hold responsible for any refunds whatsoever. In case of any recurring payments the cycle of payments would stop immediately upon cancellation of the plan.
The user is thus advised to exercise its best judgment and prudence before making payments for any of the services on the website.
8. INTERACTIVE AREAS / FORUMS:
You acknowledge that we may include various interactive areas / Forum ("FORUM"), including but not limited to ads / messages. These interactive areas allow feedback to our website various posts and real-time interaction between users. You further understand that we do not control the messages, information, or files delivered to such Forum and that we may offer you and other Users the capability of creating and managing Forum. However, we or our affiliates or representatives, directors, officers or any concerned authority are not responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that we cannot, and do not intend to, screen communications in advance. Moreover, because we encourage open and candid communication in the Interactive Areas, we cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. We are not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Not with standing the above, you agree that we have the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, we may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. We reserve the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to
I. violate the then-standard provisions of this Agreement or any other standard, our written policy in effect at that time,
II. be harmful to the rights of any User, our website, or other third parties,
III. violate applicable law, or
IV.be otherwise objectionable.
You also acknowledge that we may send you e-mail for responses and follow-up updates to ads/messages, replies, auto-notify personal search agents, and any other transactions posted by you at our website. Your requested compliance is also stated clearly on the respective screens, which include but are not limited to, the registration and modification of accounts, the posting, modification, and deletion of ads/messages, the posting of replies, and the posting, modification, and deletion of auto-notify personal search agents.
9. TRANSACTION BETWEEN USERS ON THE WEBSITE:
We are not involved in any transaction between any parties who uses our site for sale or purchase of pets. There are risks which you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. We only provide a venue for users to connet you with other users (Such as Breeder, NGOs & Individual) to buy / adopt pets and the breeders to buy and sell pets we do not endorse or sponsor any particular seller. We simply provide a platform for interaction and processing payments, additionally we allow NGO’s to post ads for adoption. We are a venue only and do not screen or censor or otherwise control the posts offered to other Users, nor do we screen or censor or otherwise control the Users of its service. We cannot and do not control the behavior of the participants on this site. We cannot control whether or not Users of our website will complete the transactions they describe on our site.
IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE.
We do not assume responsibility for the content or context of the user comment areas / interactive areas / Forums and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion.
10. Revenue Generation:
The website Only4Pets earns revenue as per the following details:
I. Subscription Plan for Breeder
II. Additional ad’s / Services charges
III. Mark adds as Top Priority ads
IV. Private Company Ads
V. Google AdSense
11. YOU AGREE AND CONFIRM:
I. That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
II. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
III. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
IV. It is possible that the other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
V. You agree that you will not:
(a) Restrict or inhibit any other user from using and enjoying the Interactive Features;
(b) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(c) Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(d) Post or transmit any information, software or other material which contains a virus or other harmful component;
(e) Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access our website
(f) Disrupt the normal flow of communication in an Interactive Area;
(g) Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(h) Violate any operating rule, policy or guideline of your Internet access provider or online service.
12. YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
I. Buying or Selling of any animals which are prohibited under all animal protection and welfare laws and rules, penal provisions amended from time to time.
II. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
III. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
IV. Interfering with any other person's use or enjoyment of the Site.
V. Breaching any applicable laws;
VI. Interfering or disrupting networks or websites connected to the Site.
VII. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
VIII. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services.
IX. Additional prohibitions include misleading offers that do not list the total offer price for pets or products or a "bait & switch" of products, posts listed in the incorrect category, telephone numbers listed in the personals or any sub-category of personals, duplicate listings that contain more than 60% of the same characters, regardless of category, U.R.L. (Universal Resource Locator) or hyperlinks within an post (except where allowed) or image, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or posts including, but not limited to adult or dating services placing posts (SPAM).
X. Further we prohibit the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
XI. We prohibit the posts for sale of the following products and animals for any reason, including but not limited to any product or animal that is illegal under any applicable law, statute, ordinance or regulation including the following:
(a) Any service that infringes or violates anyone's rights.
(b) Any service which on our sole discretion is inflammatory, offensive or otherwise inconsistent with our standards of business ethics.
(c) Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
(d) We strongly oppose SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of our services. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
(e) We also prohibit the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through our systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
13. LIABILITIES AND OBLIGATION OF BREEDERS:
I. All pets put up for sale at Only4Pets must be 7-8 weeks of age, and are usually completed at 18 weeks.
II. All pets must be vaccinated against disease or Fatal viruses
III. Breeders must follow strict sanitation procedures.
IV. Breeders must obtain a license from Animal Welfare Board of India (AWBI).
V. Maintain complete record of treatment and vaccination of the pets.
VI. Sell only healthy pets and disclose any material facts before sale.
VII. Should accompany a qualified veterinarian’s certificateso as to confirm that the pet is disease free and fit to be bought and kept as a pet.
WHAT TO BE MINDFUL OF
As users of Only4Pets, we would like to apprise you of certain points you may keep in mind at the time of purchasing / selling in Pets Category on the Platform. While posting an ad in Pets category, apart from the Posting Rules, please ensure you abide by following:
I. Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017 – In case you are a breeder, please ensure you have a valid certificate of registration from Animal Welfare Board of India and you are compliant with all requirements regarding mental and physical well-being of the dogs under these rules;
II. Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 – These rules deal with supervision in livestock by district and state markets. They lay down the minimum facilities to be provided in livestock markets and prescribe methods of handling, controlling and penning or caging of animals;
III. Prevention of Cruelty to Animals (Aquarium and Fish Tank Animals Shop) Rules, 2017 – In case you are an aquarium or a fish shop, please ensure your fish tank animals are not ones caught by destructive fishing practices such as bottom trawling, cyanide fishing, use of explosives or dynamite to kill or stun fish, those trapped from coral reefs or from any protected areas. Please ensure your aquarium or fish shop has requisite recognition/registration with Animal Welfare Board of India, as case may be and are compliant with veterinary and infrastructure facilities provided in the rules;
IV. Abide by the Notification of Prevention of Cruelty to Animals (Pet Shop) Rules, 2016 dated 16.12.2016, Notification on Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017 dated 23.05.2017.
V. Abide by the Transport of Animals Rules, 1978 and all amendments from time to time till present date.
14. OBLIGATION OF PET SHOP OWNERS / BREEDERS:
Licensing of pet shops, and terms conditions for grant of license to pet shops:
I. A person shall not be eligible for registration of pet shop under these rules unless,—
(a) in the case of an individual, he has attained the age of majority and is of sound mind and is not disqualified from contracting under any other law for the time being in force; and
(b) in any other case, the person is a corporation, company or other association of persons duly registered in accordance with any law for the time being in force.
II. An application for registration of pet shop shall be made to the State Board in Form I providing all information required therein and accompanied with a non-refundable fee of five thousand rupees.
III. A person shall be required to make: separate applications for every pet shop or premises being used or intended to be used for carrying on or continuing the business of sale or trade in pet animals, whether retail or wholesale.
IV. Pet shop owner shall submit an affidavit with the application referred to in sub-rule (2) stating that ail the conditions for registration of pet shop have been fulfilled.
V. The State Board, on receipt of an application under sub-rule (2), may register the pet shop and issue a certificate of registration in Form II to the applicant in respect of that pet shop, and the state Board shall maintain a Register of certificate of registration in Form III.
VI The State Board shall, after registration of pet shop under sub-rule (5), cause the pet shop to be inspected by an authorised veterinarian of the State Government within a period of three months.
VII. The veterinarian referred to in sub-rule (6) shall after making inspection submit a signed report to the State Board.
VIII. The State Board may, after considering the report of the veterinarian and on being satisfied that the pet shop complies with the requirements specified under these rules, continue the registration of pet shop.
IX. The State Board shall not permit continuation of registration of pet shop, if—
(a) the information submitted by the applicant has been found to be false or the applicant has made material and deliberate misstatements in the application or provided falsified or fabricated records to the State Board; or
(b) the applicant has, at any stage prior to submission of his application for registration of pet shop, been convicted of any offence under the Act, or the Wild Life (Protection) Act, 1972 (53 of 1972) or for any offence relating to animals under any other law for the time being in force; or
(c) the applicant has refused to allow the inspector or the representative of the State Board authorised in writing, free and unimpeded access to his facilities; or
(d) the applicant was operating a pet shop without a valid certificate of registration, and failed to apply for the same resulting in sealing of his shop.
X. Where the State Board does not permii the registration of pet shop, the State Board shall inform the applicant in writing the reasons thereof within thirty days from the date of receipt of inspection report by the State Board.
XI. A certificate of registraiion issued by the Stale Board shall be valid for a period of five years, and may be renewed upon an application being made to the State Board together with a fee of five. thousand rupees.
XII. A certificate of registration issued under these rules shall be non-transferable.
XIII. Notwithstanding anything in these rules, the following persons shall not require a license under these rules, namely:—
(a) an animal shelter operated by or on behalf of a local authority, or an Animal Welfare Organisation registered with the Board;
(b) any other facility or establishment that operates for the welfare of animals, and is not engaged in commercial activity such as sale and purchase of animals;
(c) an establishment registered with the Committee for the Purpose of Control and Supervision of Experiments on Animals (CPCSEA), and coming under the purview of the Breeding of and Experiments on Animals (Control and Supervision) Rules 1998 as amended from time.to time for the purpose of experiments, breeding and trading of animals, and shall be exempted from these rules.
Accommodation, Infrastructure & Housing:
I. A pet shop shall be located within a permanent structure or building, with adequate arrangement for basic amenities such as water and electricity, and adequate power back up.
II. No person shall be allowed to operate a pet shop on a shanty, shack, pavement or any temporary or make shift arrangement.
III.The enclosures or rooms or aviaries in a pet shop in which the pet animals for sale are displayed or housed shall be of adequate size and space as set out in the Second Schedule, so as to permit—
(a) the pet animal housed therein to stand, sit, lie down, turn around, stretch and make other normal postural, adjustments without obstruction, interference or impediment occasioned by paucity of space:
(b) the birds within to fly, hop, jump, climb and otherwise move about, and individually spread their wings, and perch in normal position without obstruction, interference or impediment occasioned by paucity of space, and the water birds shall be provided water troughs to wallow.
IV.The floor of the enclosure or room for displaying or housing pet animals for sale shall be constructed such that no injury to the animals' feet, or legs, or any other injury is caused to them, however, wherever mesh floors are used, a tray shall be provided to avoid any organic matter falling into the cages below in case of stacking.
V. The temperature at the enclosures or rooms or aviaries in which pet animals are displayed or housed for sale shall be comfortable, which may vary from animal to animal, and from breed to breed, and it shall be incumbent upon the pet shop owner to familiarize himself with the requirements of the breeds or species that he intends to deal in, and provide ambient and comfortable temperature for them.
VI.Every pet shop owner shall provide in the pet shop and particularly, in the enclosures or rooms or aviaries in which the pet animals are displayed or housed for sale, suitable drainage or a way to quickly eliminate waste and water when cleaning.
VII. Every pet shop displaying or housing pet animals for sale shall--
(a) be adequately ventilated and a low noise exhaust fan or system shall be installed;
(b) be free from noise pollution, and shall not be adjacent to areas where loud noises can be heard, or noxious fumes and odors emitted, including factories and other similar industrial establishments;
(c) not be located within the vicinity of hundred meters from butcher shops, or butcheries, or abattoirs, and entry of other animals that may disturb or harm the pet animals housed or exhibited for sale in pet shops shall not be allowed;
(d) install and make smoke-detection and fire-fighting equipment available and ready for use at the pet shop; and
(e) have an isloated or quarantine area where pet animals infected with a contagious disease or suspected of being infected can be segregated from the rest of the animals intended for sale.
Minimum Space Requirements:
I. CAGE BIRDS
(a) Birds shall be housed in large and spacious aviaries.
(b) The aviaries shall be large enough to allow each bird full body extension, and wide, enough to accommodate the fully stretched wings of ail, and allow easy hopping, jumping, climbing and flight within the aviary.
(c) Well-placed perches shall be provided within each aviaty where the birds can stand upright without having head contact with any ceiling, and tail contact with the floor or grate, and for species such as finches and canaries that prefer flying or jumping to climbing, perches shall be positioned in a manner that allows the same.
(d) Perches shall be strategically placed so as to prevent droppings from contaminating food and water vessels.
(e) Birds that live in social groupings and are housed as such must have wooden nesting boxes constructed within the aviaries.
|Floor Area (Sq. cm)|
|Length (In CM.)||Single||Each Additional|
|Canary||20 - 23||1300||500|
|Dove||Up to 22 1/2||900||500|
|Over 22 1/2||2500||1250|
|Minimum cage size for a single bird or a pair of parrots|
|Category||Type of Parrot (In CM.)||Length (In CM.)||Breadth (In CM.)||Height (In CM.)||Bar Spacing (In CM.)|
|2||Afr. Lovebirds/ Cockatiel/ Parrotlets||75||60||60||1.5|
|4||Rosellas / Lorikeets / Australian grass Parakeets||125||75||70||2|
|5||Pionus Parrots / Caiques||100||75||90||2|
|6||Amazon Parrots, African Grey parrots, Eclectus Parr||120||75||90||2.5|
|7||Small & Medium Macaws||120||90||90||2.5|
(a) The floor of the open enclosure or pen shall have a solid surface and should be large enough to enable all the occupants to exercise free movement and play.
(b) Elevated resting surfaces must be provided for cats.
(c) Matting must be provided.
(d) Soft and clean play toys must be provided within the enclosure.
(e)The space taken by the litter box shall not be included in the calculation of the total area.
(f) Cats or kittens shall be kept in a room which is not shared by other, inimical animal species such as dogs.
|Number of Animals|
|Area (Sq. Feet)||Less than 2 Lbs||2 - 5 Lbs||6 - 10 Lbs|
(a) The floor of the open enclosure/pen shall have a solid surface and shall be large enough to enable all occupants to exercise free movement and play.
(b) The height of the enclosure/pen shall be such that the dog/pup cannot escape.
(c) Minimum height and space requirements for dogs weighing over thirty pounds shall be determined on an individual basis and shall be larger than the height and space specified above.
|Number of Animals|
|Area (Sq. Feet)||1 - 10 Lbs||11- 20 Lbs||21 - 30 Lbs|
(a) The minimum height of the primary enclosure shall be 48 inches.
(b) The floor of the' rabbit's priffiary enclosure shall never be wire mesh, steel or shavings and it shall be solid surface such as tile, board. good quality linoleum, untreated straw mats or acrylic non slip surface with arrangement for digging, chewing and playing.
(c) Rabbits shall be kept in a room which is not shared by other, inimical animal species such as cats and dogs.
|Number of Animals|
|Area (Sq. Feet)||Less Than 2 Lbs||2 - 4 Lbs||Greater Than 4 Lbs|
V. GUINEA PIGS
(a) The minimum height of the primary enclosure shall be 36 inches.
(b) The floor of the guinea pigs’ primary enclosure shall never be wire mesh, steel or shavings. It should be solid surface such as tile, board, good quality linoleum, untreated straw mats or acrylic non slip surface.
(c) Guinea pigs shall not be kept adjacent to other inimical animal species such as cats and dogs.
|Number of Animals|
|Area (Sq.Inch)||Less Than 350 Gms||351 - 700 Gms||Greater Than 701 Gms|
(a) The area to be provided for each hamster must not be less than 1.5 sq, Sqaure feet.
(b) The minimum height of the priniary enclosure shall be 36 inches for dwarf species. For all other hamsters species, the minimum height of the primary enclosure shall be 48 inches.
(c) Hamsters and gerbils shall only be housed in..primary enclosures with solid floor such as tile, board, good quality linoleum, untreated straw mats or acrylic non.slip surface and the floor of the hamster's primary enclosure shall never be wire mesh, steel or shavings.
(c) They shall not be kept adjacent to other inimical animal species such as cats and dogs.
|Size||Wight In Gms|
|Small||Less Than 60|
|Large||61 - 100|
|Large||Greater Than 100|
(a) The area to be provided for each rat shall not be less than 1.0 square foot.
(b) The minimum height of the primary enclosure shall be 8 inches.
(c) Rats shall only be housed in primary enclosures with mesh and have a mesh floor or wood shavings.
(d) Minimum height and space requirements for rats over 500 grams in weight will be determined on an individual basis and shall be larger than the height and space specified above.
(e) Rats shall not be kept adjacent to other inimical animal species such as cats and dogs.
|Number of Animals|
|Area (Sq. Inch)||Less Than 100 Gms||101 - 300 Gms||Greater Than 301 Gms|
(a) The area provided for each mouse shall. not be less than 1 square foot.
(b) The minimum height of the primary enclosure shall be 6 inches.
(c) Mice shall only be housed in primary enclosures with solid floor such as tile, board, good quality linoleum, untreated straw mats or acrylic non slip surface and the floor of their enclosure shall never be wire mesh, steel or shavings.
(d) Mice shall not be kept adjacent to other inimical animal species such as cats and dogs.
|Number of Animals|
|Area (Sq. Inch)||Less Than 100 Gms||101 - 300 Gms||Greater Than 301 Gms|
General Care of Animals, Veterinary Care, and Other Operational Requirements :
I. Every pet shop owner shall ensure that pet animals are at all times displayed or housed for sale in accommodation and environment suitable to their species with respect to situation, size, temperature, lighting, ventilation and cleanliness, and other similar standards and no pet animals or birds shall be on display, or displayed outside pet shops, or in show windows.
II. Every pet shop owner shall ensure that --
(a) sufficient food of a type consistent with the dietary requirements and age of the pet animals intended for sale is provided to them;
(b) clean drinking water is available to the pet animals intended for sale at all times;
(c) vessels used for feeding and watering of pet animals are kept clean and free from contamination of excrement or urine;
(d) the enclosures or rooms or aviaries in which pet animals for sale are displayed or housed are cleaned daily or more often, if found to he soiled by excrement or other waste, and disinfected frequently to preclude the possibility of outbreak of disease;
(e) where accommodation is on a tiered system, water, food or other droppings are not allowed to enter the lower housing;
(f) food wastes, animal excreta, used bedding, debris and any other organic, wastes are removed daily, or more frequently, from the animal enclosures;
(g) aviaries are cleaned daily, or more frequently, to prevent buildup of bird wastes and uneaten food;
(h) the enclosures or rooms or aviaries in which pet animals for sale are displayed or housed are such as enable them to move about freely, or rest comfortably, and the pet animals requiring bedding material are provided the same, and no feed is allowed to mix in the bedding;
(i) all pet animals displayed or housed in the same enclosure are of the same species and age group and are grouped in a manner that precludes mating or bullying and fighting;
(j) pet animals that are inimical to each other are not displayed or housed in abutting enclosures, and dogs and cats are not kept adjacent to each other, and birds, rabbits, guinea pigs, hamsters, and rodents are not kept adjacent to dogs and cats, since the same can cause acute stress;
(k) only healthy pet animals, certified in writing by a veterinary practitioner as being so, are offered for sale at the pet shop; and
(l) pet animals for sale are not left in the pet shop at night without sufficient number of attendants to attend to them.
III. A pet shop shall not display or house pregnant animals or mothers caring for un-weaned young for sale or offer them for sale.
IV. No pet shop shall sell any animal intended to be used for food, skin or accessories except insects or some species of animals that are not used for human consumption but used as food for other animals.
V. Every pet shop owner shall --
(a) employ only such persons as are trained for handling or taking care of pet animals, and shall not employ any person who is of unsound mind or displaying signs of aggressive or abnormal behavior or whose temperament does not seem suited For working with animals; and;
(b) have sufficient dedicated staff at the pet shop to take care of, and attend to pet animals properly.
VI. Every pet shop owner shall make provision for veterinary care, including emergency medical care, and display at a conspicuous place in the pet shop the emergency contact information of the veterinary practitioner so as to allow the employees and customers access to the veterinary practitioner, with their concerns regarding
the health of the pet animals at the facility.
VII. The pet shop owner shall immediately report the outbreak or suspected outbreak of any zoonotic or contagious disease or infection to the local authority, the SPCA, the State Board and the State Government Department responsible for Animal Husbandry.
VIII. Every pet shop owner shall provide at least one room or enclosure for quarantining sick or diseased pet animals, or pet animals suspected to be sick or diseased, or segregating newly acquired pet animals and ensure that—
(a) quarantined sick or diseased pet animals are not kept together with newly acquired pet animals;
(b) the quarantine or isolation facility is cleaned and disinfected thoroughly after quarantined or isolated pet animals have been removed from the same, and prior to the placement of additional pet animals into the room or enclosure; and
(c) the equipment and vessels used at the quarantine or isolation facility are kept separate and distinct.
IX. Every pet shop owner shall ensure that any pet animal that becomes incurably sick or terminally ill or mortally wounded is euthanised by a veterinary practitioner in the manner specified by the Veterinary Council of India, and maintain a record of such cases and report such instances to the State Board.
X. Every pet shop shall have arrangement to dispose-off carcasses of pet animals that die at the facility, and dead animals shall be removed at the earliest from the sight of other pet animals.
XI. Every pet shop owner shall prominently display at the pet shop, the license granted to him for operating the facility.
XII. The species and numbers of-pet animals, and the prices for which they are offered for sale shall be prominently displayed at the pet shop.
XIII. Receipts shall be issued for every pet animal sold in Form IV and a copy of each receipt shall be retained at the pet shop.
XIV. No pet shop shall sell pet animals with any form of mutilation, however, necessary curative surgery shall be exempted based on the prescription of the veterinarian.
XV. No pet shop shall sell un-weaned or underage animals or birds.
XVI. Every puppy shall be micro-chipped by a veterinary practitioner, and each pet shop shall have a functional micro-chip reader within the premises and it is a requirement of these rules that only micro-chipped puppies shall be sold.
XVII. Every pet shop owner shall have in place an appropriate written exercise plan for pups over sixteen weeks of age and for different species of animals , signed and certified by a veterinary practitioner, and ensure that the same is strictly adhered to.
XVIII. Every pet shop owner shall make efforts to ensure the adoption or re-homing of any pet animal that has not found a buyer despite three months having elapsed since it was first displayed for sale at the pet shop:
Provided that all particulars of adoption or re-horning of unsold animals shall be entered in a register to be kept at the pet shop:
Provided further that the pet shop owner shall not abandon or discard unsold pet animal on Co the streets or otherwise.
XIX. If the pet shop owner intends to provide grooming services, the same shall be specifically mentioned in the application for grant of license, and the grooming area shall be physically separated from primary animal enclosures and animal food storage areas.
XX. Any and all items intended for sale, whether retail or whole-sole, including pet products and accessories, shall not be stored or displayed for sale in the animal areas within a pet shop.
XXI. Every pet shop owner shall make available to customers free of charge at the time of purchase, pet care leaflets or other similar written instructions regarding the degree and manner of care, and regarding traits and behavioral patterns of the pet animal being purchased.
XXII. No pet shop shall sell any pet animal to a person who has not attained the age of majority.
XXIII. Every pet shop owner and any person involved in the pet trade shall ensure that they provide the maximum care in the housing, upkeep and maintenance of the animals under their care and in their custody, and take all necessary precautions to protect them against fire, accidents, attacks from other animals, or other dangerous occurrences.
XXIV. Every pet shop owner shall engage a veterinary practitioner to check each animal in the pet shop and give a certificate of fitness once in every month or at anytime as informed by the pet shop owner on noticing any symptom of illness.
XXV. No pet shop shall sell any pet animal acquired from a breeder unless the breeder is registered as required by the relevant rules in force.
XXVI. Adequate measures shall be taken by the pet shop owner to maintain health records including details of vaccination.
Maintenance of Records:
I. Every pet shop owner shall maintain in a record book in Form V, the particulars of breeders and suppliers of pet animals intended for sale, including name. address, contact details, and date of transaction, and the number of pet animals received, their breed or species, and bird band number if applicable.
II. The pet shop owner shall maintain a record in Form VI of customers buying pet animals from him in a record book, with names, addresses, contact details, and the details of pet animal purchased., and the price at which purchased, and the receipt issued.
III. Every pet shop owner shall maintain a record in Form VII of the pet animals that die at the pet shop, with the day, date and time of death, and cause of death certified by a veterinary practitioner, and details of the medical attention and care provided to the deceased pet animal prior to its death certified in writing by a veterinary practitioner, and manner of disposal of carcasses.
IV. Every pet shop owner shall maintain a separate record in Form VIIIof the incurably sick or terminally ill or mortally wounded pet animals that are euthanised, with the day, date and time of death, and cause of death certified by a veterinary practitioner, and details of the medical attention and care provided to the deceased pet animal prior to its death, and manner of disposal of carcasses.
V. The records maintained under this rule shall be available at the pet shop for inspection by the State Board or any intending purchaser.
Applicability of other laws and statutory provisions :
Violations of these Rules shall render pet shop owners liable to suffer the consequences / repercussions provided for in other laws and statutory provisions as well, such as but not limited to the Prevention of Cruelty to Animals Act, 1960, and the Rules enacted thereunder, the Wild Life(Protection) Act, 1972, the Indian Penal Code, and municipal laws, bye-laws, rules and regulations, in addition to the consequences / repercussions provided for in these Rules. Nothing contained in these Rules shall be construed or interpreted as relaxing or altering or modifying the requirements specified for adherence in other laws and statutory provisions. It is mandatory for the Pet shop owners to abide by the notification of Prevention of Cruelty to Animals (Pet Shop) Rules,2016 dated 06.09.2018, Notification on Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017 dated 23.05.2017 and are further requested to abide by the rules relating to The Prevention of Cruelty to Animals (Aquarium and Fish Tank Animals Shop) Rules, 2017; Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017; the and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.
15. OBLIGATION OF AQUARIUM FISH BREEDING:
RULES FOR THE KEEPING, DISPLAY AND SALE OF AQUARIUM FISH:
I. No breeder may sell or publicly display fish without a license from the Animal Welfare Board of India (AWBI) or any authority prescribed by the AWBI. No license shall be issued by the AWBI or the competent authority unless the establishment complies with all the conditions listed in these rules for keeping of aquarium fish or fish tank animals.
II. Every license shall be issued for one year at a time and is not transferable.
III. Any breeder who does not properly care for the fish tank animals or maintain the facility in accordance with these rules is liable to have his license revoked and the establishment blacklisted from keeping fish tank animals in future. Upon revocation of license, the fish tank animals are liable to be confiscated and may be given to another licensed breeder for proper care of the fish.
FISH TANK ANIMALS
I. Fish tank animals may only be kept in tanks of sufficient size, shape, and dimensions to meet the health and welfare needs of the fish tank animals.
II. No breeder may keep or sell any species of fish animals listed under CITES. No establishment may keep or sell any species listed in Appendix A.
III. No breeder may keep or sell any species of fish tank animals that are not listed in Appendix B. Specific permission of the AWBI is required for any establishment to keep fish tank animals not listed in Appendix B.
IV. No breeder may keep or sell any species that cannot easily be acclimatized to aquarium life, or that may be endangered species due to over-collection.
This includes but is not limited to the following species of fish:
(a) Garibaldi damselfish (hypsypopsrubicundus)
(b) Rock beauty (holacanthustricolour)
(c) Atlantic long-nosed butterflyfish (chaetodon aculeatus)
(d) Four-eye butterflyfish (chaetodoncapistratus)
(e) Hawaiian teardrop butterflyfish (chaetodonquadrimaculatus)
(f) Reef butterflyfish (chaetodonstriatus)
(g) Banded butterflyfish (chaetodonstriatus)
(h) Barracuda (sphryaena barracuda)
(i) Giant Atlantic seahorse (hippocampus erectus)
V. No breeder may keep or sell artificially coloured fish.
VI. No breeder may keep or sell corals.
VII. No breeder may keep or sell cyanide-or drug-caught fish.
VIII. No breeder may keep fish tank animals in excess of the maximum number permitted for each species per tank.
IX. No breeder may keep or sell any species for which it cannot provide adequate conditions to ensure the health and welfare of that species. Fish covered with fungus, with sunken bellies, sunken eyes, clamped or unhealthy fins, laboured breathing (often with gill covers quite extended), and fish with external blemishes resulting from parasites or disease, are indications that the fish are unhealthy and/or not properly cared for.
CARE OF FISH TANK ANIMALS:
I. Fish must be introduced into a new tank gradually. Fish should be placed in a bag with sufficient water to cover them, and be allowed to float in the new tank for 15 minutes to adjust to the new temperature; small amounts of water are then be added from the tank to the bag until it is full, thereafter two thirds of the water in the bag should be removed and the process repeated, so as to gradually adjust fish to any changes in pH, hardness, salinity, and other parameters as mentioned in Appendix B.
II. When a species of fish is placed in a tank, the maximum number of that species of fish allowed in the tank should be determined as based on the requirements mentioned in Appendix B and posted in a visible location on the outside of the tank. If air conditioning is not available, the population of fish must be less than the maximum prescribed and air bubbles must be used to improve gas exchange at the water’s surface.
III. Two species of fish may not be placed in the same tank unless they are compatible. Determination of compatibility must accord with the approved sources and with compatibility listings of “Y” according to the chart in Appendix C.
IV. Any fish tank animal that is being chased and attacked by other fish tank animals, or shows signs of having been attacked such as injured fins, eyes, or scales, must be separated from any potentially aggressive fish.
V. Temperature checks and head counts must be done at least daily, with any dead fish tank animals removed immediately and any injured or sick fish tank animals moved to quarantine tanks.
VI. Fish tank animals must be fed a diet that fulfills the nutritional requirements of the species, at a quantity and frequency appropriate for maintaining health. Fish should be fed a varied diet, and not fed the same feed with every feeding.
VII. An breeder may not permit members of the public to touch, pet, or hold a fish tank animal. Employees of an establishment may only touch, pet, or hold a fish tank animal when required for the welfare of that animal, as when administering medical treatment.
VIII. An breeder must have medicines on hand for treating common fish tank animal ailments. Sick fish tank animals must receive treatment.
IX. Netting of fish tank animals should always be done using two nets.
X. Fish tank animals may only be euthanised by immersion in any one of the following solutions, wherein they must be left for at least 10 minutes following cessation of opercula movement, followed by decapitation or destruction of the brain so as to ensure consciousness is not regained:
(a) MS-222 (tricaine methane sulfonate, also called finquel) at a concentration of at least 350 ppm (350mg/L should be buffered with sodium bicarbonate to saturation resulting in a solution pH of 7.0 to 7.5.
(b) Benzocaine hydrochloride (not benzocaine) at a concentration of at least 250mg/L.
(c) 2-Phenoxyethanol at a concentration of 0.3 to 0.4mg/L.
XI. Live fish must never be flushed down a drain, left to suffocate or starve, or be placed in a freezer.
XII. Every Breeder should abide by the rules underPrevention of Cruelty to Animals (Aquarium and Fish Tank Animals Shop) Rules, 2017;
The notification of Prevention of Cruelty to Animals (Pet Shop) Rules, 2016 dated 16th December, 2016;
16. LIABILITY AND OBLIGATIONS OF NGOS
I. The NGOs adopting pets shall follow all rules and laws amended from time to timeunder the Prevention of Cruelty to Animal Act, 1960 and all other Animal Welfare Laws, Transport of Animals Rules, 1978 and all notifications and amendments till the present date and those which shall come to bein effect in the future.
II. If pets like dogs and cats are exported, within 7 days of export, dogs and cats will need a health certificate from their vet as well as an Animal Health Certificate from the Animal Quarantine and Certification Service as well as all documentation required for their destination country and to ensure all IATA guidelines are in compliance as the case may be.
17. INFORMATION FOR USERS:
Registration under Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017 –
I. If you wish to obtain a registration of breeder under these rules, you need to submit an application as per the prescribed format to the State Welfare Board of the state in which you reside. This registration is valid for a period of two years and may be renewed further.
II. Registration under Prevention of Cruelty to Animals (Aquarium and Fish Tank Animals Shop) Rules, 2017 - If you wish to obtain a registration of a fish shop under these rules, you need to submit an application as per the prescribed format to the State Welfare Board of the state in which you reside. This registration is valid for a period of two years and may be renewed further.
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23. DISCLAIMERS AND LIMITATION OF LIABILITY:
I. The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
II. The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
(a) Your use of or your inability to use our Website, Services and tools;
(b) Delays or disruptions in our Website, Services, or tools;
(c) Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
(d) Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
(e) The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
(f) A suspension or other action taken with respect to your account; and
III. To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THEAMOUNT PAYED BY YOU. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
IV. Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur.
You agree that we have no responsibility and is not liable for:
(a) the unavailability of any of the Sites;
(b) any loss of data, information or materials caused by such system outages;
(c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or
(d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
V. User understands and agrees that any information or services obtained through the service is done at user's own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
VI. No advice or information, whether oral or written, obtained by user from us for free or through or from the service shall create any warranty not expressly stated herein.
VII. The website does not endorse any breeder or products sold on the website.
VIII. The website shall not be liable for any pets or products sold on the website.
IX. The website is not liable to pay insurance claim amount as it is acting only as an agent and is not the insurer itself.
X. The website cannot be held liable for conduct of transporter for transportation of pets as the transporter is not an employee or neither an independent contractor for the website.
XI. The website may end the referral scheme without any prior notification or warning.
XII. Preventive vaccination does not provide full protection against all the viruses that can cause disease, therefore a pet dog or pup may become ill even if is vaccinated, , however even the best level of supervision, sanitation and personal care by any breeding or boarding Kennel Cannot prevent a pet from getting an airborne virus or infection even after vaccination. Therefore, we under no circumstance be liable for any disease the pet bought through us contracts any disease.
24. GOVERNING LAWS AND JURISDICTION:
I. This User Agreement shall be construed in accord with the applicable laws of Indore, M.P, India regardless of your physical location.
II. The Courts at Indore, M.P, India have exclusive jurisdiction in any proceedings arising out of this agreement.
25. DISPUTE RESOLUTION:
DISPUTE BETWEEN YOU AND US:
I. Generally, transactions are conducted smoothly on our website. However, there may be some cases where we and you may face issues. A 'Dispute' can be defined as a disagreement between you and us in connection with a transaction on the Website.
II. In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
III. The seat of Arbitration shall be Indore, M.P, India and the language used for arbitration shall be English.
IV. The Arbitrator shall be chosen by us and as mutually agreed by you.
V. The expenses shall be paid by the party invoking Arbitration proceedings.
VI. The award of the arbitration shall be binding on both, you and us.
VII. The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
DISPUTE BETWEEN PARTICIPANTS OR USERS ON THE WEBSITE
If there is a dispute between participants or users on this site, we or our website shall be under no obligation to become involved. In the event that You have a dispute with one or more Users, you hereby release us and our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
26. SITE SECURITY:
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
(a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;"
(d) sending unsolicited email, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
I. By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
II. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
III. Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
29. LEGAL COMPLIANCE:
I. In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
II. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable Laws in India.
III. You should comply with country, state and federal regulations.
30. LINKS TO OTHER WEBSITES:
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.
31. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
I. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
II. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party's permitted successors and assigns.
34. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
I. acts of god;
II. natural disasters;
VI. shortage of supplies, equipment, and materials;
VII. strikes and lockouts;
VIII. civil unrest;
IX. Computer hacking; or
X. malicious damage.
35. DIGITAL SIGNATURE:
I. By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
II. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
III. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
IV. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
36. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
37. HOW CAN YOU HELP:
Only4Pets works closely with various law enforcement agencies and it is our endeavor to help such agencies in tracking possible violation of animal welfare laws through the Platform. We believe in deleting ads that we suspect may have any connection with animal cruelty or are in violation of applicable laws and may refer these ads for the investigation to law enforcement agencies. You can also help us in our initiative prevention of trading of endangered and prohibited species. In case you [encounter/suspect] any illegal trade of wildlife animals through Only4Pets or any breach of our Posting Rules, write to us at Support and please report to the relevant authorities.
Please refer to the documents related to Legal Law in India for Animals and by accepting this terms & condition you are also confirming that you will obey this.
- Dog Breeding Registration Form
- List of nodal officers under State animal welfare board and SPCA
- Prevention of Cruelty to Animals Dog Breeding and Marketing Rules 2017
- THE PREVENTION OF CRUELTY TO ANIMALS ACT, (59 of 1960) 1960 As amended by Central Act 26 of 1982
- DOG BREEDING, MARKETING AND SALE RULES
- PET SHOP RULES, 2010
- The Prevention of Cruelty to Animals (Pet Shop) Rules, 2016
- Aquarium Fish Breeding Rules 2010
- Transport of Animals (Amendment) Rules_ 2009
- Schedules I to VI of Wildlife Protection Act, 1972
- Law Commission Report no. 261
- The Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017
- Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017
- The Prevention of Cruelty to Animals (Aquarium and Fish Tank Animals Shop) Rules, 2017
- The Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017
- The Wildllife (Protection) Act, 1972 (53 of 1972)