1. General

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These General Terms and Conditions of Use ("Terms") are entered into by and between you and Freshly Barked, Founder Aaliya Gujral. In consideration of your use of and access to this Internet site (and the promises and obligations herein, and intending to be legally bound, you and Freshly Barked hereby agree as follows: Your access to and use of the Freshly Barked site is subject to these Terms, as well as any modifications issued by Freshly Barked to these Terms, and all applicable laws and regulations. By using this site, you agree to and will be deemed to be bound by these terms. If you do not want to be bound by these Terms, do not use the Freshly Barked site.

Among other things, Freshly Barked provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by Freshly Barked in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within Freshly Barked contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

 

2. Changes in Terms

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Freshly Barked shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of Freshly Barked. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on Freshly Barked. You are responsible for reviewing Freshlybarked.com periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Freshly Barked to these Terms. Any access or use of this site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions. No modification to these Terms by any party other than Freshly Barked shall be valid or enforceable against Freshly Barked unless expressly agreed to by Freshly Barked in a writing signed by a duly authorized officer of Freshly Barked.

 

3. Termination

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These Terms are effective until terminated by Freshly Barked. Freshly Barked may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Freshly Barked and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Freshly Barked shall also have the right without notice and at any time to terminate Freshly Barked or any portion thereof, or any products or services offered through Freshly Barked, or to terminate any individual's right to access or use Freshly Barked or any portion thereof.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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4. Governing Law

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These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

 

5. Compliance with Laws

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You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of Freshly Barked and your purchase of the items on Freshly Barked.

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6.Online Store Terms

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By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

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7. General Conditions

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We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

8. Content

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The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on Freshly Barked , as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Freshly Barked may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Freshly Barked in any way. All Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Freshly Barked or by third parties that have licensed their use to Freshly Barked. You may view and use the Content only for your personal information and for shopping and ordering on Freshly Barked, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Freshly Barked does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Freshly Barked , including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Freshly Barked, is strictly prohibited.

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9. Linked Third Party Sites

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Links to other Internet sites operated by third parties, including Freshly Barked vendors, do not constitute sponsorship, endorsement, or approval by Freshly Barked of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Freshly Barked, and Freshly Barked is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk. We are not responsible for examining or evaluating the content or accuracy. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

10. Prices / Orders

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All prices displayed on Freshly Barked are quoted in Indian Rupees. Freshly Barked may restrict delivery to addresses within the India. Freshly Barked will add shipping and handling fees and applicable GST. Freshly Barked reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on Freshly Barked without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on Freshly Barked do not imply endorsement of that product or service, or constitute a warranty by Freshly Barked. The receipt by you of an order confirmation does not constitute Freshly Barked 's acceptance of an order. Prior to Freshly Barked 's acceptance of an order, verification of information may be required. Freshly Barked reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Freshly Barked, for any reason. Freshly Barked reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Freshly Barked shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

11. Accuracy of Billing and Account Information

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Freshly Barked reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

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12. Optional Tools

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Freshly Barked may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

13. User Comments, Feedback and Other Submissions

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If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Freshly Barked takes no responsibility and assume no liability for any comments posted by you or any third-party.

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14. Personal Information

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Your submission of personal information through the store is governed by our Privacy Policy. 

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15. Errors, Inaccuracies & Omissions

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Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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16. Prohibited Uses

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In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

17. Disclaimer and Limitation of Liability as to this Site and Content

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Freshly Barked makes no warranties or representations whatsoever with respect to the Freshly Barked site or any linked site or its content , including the availability of any site or the content, information and materials on it or the accuracy, completeness, or timeless of that content,information and materials. Freshly Barked also does not warrant or represent that your access to or use of Freshly Barked or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that Freshly Barked or any linked site is free of computer viruses or other harmful components. Without  limiting the foregoing , all content provided on this site is limited to implied warranties of merchant-ability and fitness for a particular purpose, title, non-infringement, security or accuracy. The “as is “ condition of content is expressly made a condition of any transaction arising through or as a result of Freshly Barked. Please note that  some jurisdictions may not allow the exclusion of implied warranties. 

Under no circumstances shall Freshly Barked, its suppliers or their respective directors, officers, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence,arising in any way from any product or service sold or provided on Freshly Barked, even if Freshly Barked is expressly advised of the possibility of such damages. In no event shall Freshly Barked’s liability exceed the price you paid for the product or service that is the subject of the calm.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

18. Indemnification

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You agree to defend, indemnify, and hold harmless Freshly Barked, vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of Freshly Barked. The foregoing indemnification obligation shall survive termination of these Terms and Freshly Barked and any product or service provided to you arising out of or relating to your use of Freshly Barked.