TERMS OF USE

These Terms Of Use (the “Terms”) govern Your access to and use of the website: https://www.k9school.in/ (the “Website”) operated by Jorick Ultra Luxury Life Pvt Ltd, a private limited company incorporated under the Companies Act, 2013, and having its registered office at First Floor, Flat No. F7-12, Block F1, DDA Flats, Vasant Kunj, New Delhi, South Delhi, Delhi – 110023, India (hereinafter referred to as “K9 School”). By accessing or using the Website, You acknowledge that You have read, understood and agree to be bound by these Terms and our Privacy Policy which can be accessed here: LINK. These terms govern Your use of our website and any services, features, or content made available through it. This acknowledgment and agreement is a condition precedent to your utilization of the Website and its offered services. 

For the purposes of this Agreement, the terms “We,” “Us,” “Our,” or “K9” shall be construed to refer to K9 School. The terms “You,” “Your,” “User,” or “Client” shall be construed to refer to any natural person or legal entity who accepts these Terms and utilizes our Website. It is hereby declared that nothing contained in these Terms shall be interpreted or construed as conferring any rights or benefits upon any third party, nor is it intended that any third party shall be deemed a beneficiary of these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY CHOOSE TO NOT ACCESS OR USE THE WEBSITE. CONTINUED ACCESS/USE OF THIS WEBSITE WILL BE CONSTRUED AS YOUR IMPLIED CONSENT TO THESE TERMS

• Services Offered

The Website provides information about the services offered by K9 School, which include but are not limited to:

1. Dog training (including group classes, private lessons, and specialized training, including but not limited to behavioral modification, agility and obedience)
2. Dog boarding and lodging (including overnight, extended stay, and daycare services)
3. “Board and Train” programs (residential training program for behaviour modification and rehabilitation)
4. Dog walking and pet sitting services (including individual walks, group walks, and in-home visits)
5. At-home training and behavioral consultation
6. Security dog training and deployment (including personal protection, property protection, patrolling and executive protection)
7. Grooming services (including bathing, brushing, nail trimming and hygiene maintenance)
8. Search and rescue dog training and provision
9. Therapy dog training and provision (including certification assistance and handler training)
10. Training and certification courses for trainers, walkers, handlers, pet parents and pet businesses 

Hereinafter all the services offered shall collectively be referred to as “Services”.

• User Accounts

2.1 User Eligibility

2.1.1 Individual Users

By creating an account, You represent and warrant that You are of legal age in Your jurisdiction (and, in any event at least 18 years of age) and have the legal capacity to enter into a binding contract. If You are using the Website on behalf of a minor (as per Section 3 of the Indian Majority Act, 1875), You warrant that You are the parent or legal guardian of such minor and have the authority to agree to these Terms on their behalf. You further represent that You are not barred from using the Website under the laws of Your jurisdiction. 

2.1.2 Corporate Users

If You are creating an account on behalf of a corporation, partnership, limited liability company, or other legal entity (a “Corporate Entity”), You represent and warrant that You have the authority to bind that Corporate Entity to these Terms and that the Corporate Entity is duly organized, validly existing and in good standing under the laws of its jurisdiction of organisation. 

2.2 In order to access certain features of the Website or utilize the Services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process, including but not limited to your name, email address, phone number, and pet information, and to update such information to keep it accurate, current, and complete. 

2.3 Account Security

You are solely responsible for maintaining the confidentiality of Your account credentials, including Your username and password, and for all activities that occur under Your account. You agree to notify K9 School immediately upon any unauthorized access to or use of Your account or any other breach of security. We shall not be liable for any loss or damage arising from Your failure to comply with this provision. You acknowledge and agree We may rely on the authority of anyone using Your account credentials.

2.4 K9 School reserves the right to suspend, terminate, or restrict Your access to Your account or the Website at any time, with or without cause, and without prior notice, if We believe that you have violated these Terms or engaged in any conduct that may harm Us or other Clients. This right is in addition to any other legal or equitable remedies available to us. 

• User Conduct

3.1 You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

1. Use the Website in any way that violates any applicable federal, state, local or international law or regulation, including but not limited to laws relating to intellectual property, data privacy and online communications;
2. Impersonate or attempt to impersonate K9 School or Our employee, officer or agent or any other person or entity, whether actual or fictitious;
3. Engage in any conduct that, in our sole discretion, restricts or inhibits any other person from using or enjoying the Website and may result in suspension or termination of your access to the Website;
4. Use the Website to transmit or distribute any viruses, worms, trojan horses, or other malicious software or harmful code including but not limited to malware, spyware and ransomware;
5. Attempt to gain unauthorised access to the Website, its servers, or any associated systems, or networks, or to any Client agreement, through any including but not limited to hacking, password mining, or social engineering;
6. Use any robot, spider, scraper, or other automated means to access the Website for any purpose without Our express written permission;
7. Interfere with or disrupt the operation of the Website or the servers or networks connected to it, including but not limited to denial-of-service attacks or other forms of system interference; 
8. Collect or harvest or attempt to obtain any personal information of other Users of the Website, including but not limited to, email addresses, phone numbers, and addresses without their express consent;
9. Post or transmit any User Content that infringes any third party rights, including intellectual property rights or that which You do not have the right to transmit under any law or contractual relationship.
10. Post or transmit any User Content that is unlawful, harmful and threatening, abusive, harassing and defamatory, vulgar, obscene, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.

3.2 You are solely responsible for any content that You submit, post, or transmit through the Website (the “User Content”). You represent and warrant that You possess all necessary rights, title, and interest in and to your User Content, and that it does not violate any third-party rights, including intellectual property rights. You grant K9 School a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your User Content in connection with the Website and Our business, including but not limited to promotional and marketing purposes.

3.3 We have the right, but not the obligation, to monitor User Content and to remove or refuse to post any User Content that, in Our sole discretion, is deemed to violate these Terms, be offensive, or be otherwise objectionable. You acknowledge that We may disclose User Content if required to do so by law or in the good faith belief that such disclosure is necessary to:

1. Comply with legal processes, including but not limited to sub-poenas, court orders, and search warrants;
2. Enforce these Terms;
3. Respond to claims that any User Content violates the rights of third parties; or
4. Protect the rights, property or safety of Us, Our Clients or the public.

• Intellectual Property

4.1 The Website and its contents, including but not limited to text, graphics, images, logos, software, audio, video, and other materials, are owned by or licensed to K9 School and are protected by copyright, trademark, and other intellectual property laws. All intellectual property rights are reserved to their respective owners.

4.2  You may access and use the Website “as is” and “as available” for Your personal, non-commercial use only. You may not reproduce, modify, distribute, display, perform, or create derivative works of any part of the Website without the prior written consent from Us. This includes, but is not limited to, framing, mirroring, or linking to the Website in a way that suggests that We endorse or are affiliated with any third-party website or service. Any unauthorized use of the Website or its contents is strictly prohibited and may subject You to civil and criminal penalties.

4.3 Company’s trademarks, service marks, and logos (the “Marks”) used on the Website are the property of K9 School. You may not use the Marks without the prior written consent from Us. Nothing on the Website shall be construed as granting any license or right to use the Marks without such consent. Your use of the Website does not grant You any ownership or other rights to the Marks.

• Disclaimer for Representations

You acknowledge and agree that We rely upon the truth and accuracy of all information, representations, and warranties provided by You in connection with Your account creation and use of the Website. Any false, inaccurate, or misleading information, representation, or warranty provided by You shall constitute a material breach of these Terms and may result in the termination of Your account and access to the Website. K9 School shall not be responsible for any losses, damages, or liabilities incurred by You or any third party as a result of Your false, inaccurate, or misleading information, representations, or warranties.

Users are expressly advised not to rely on any such information or advice. This disclaimer of representation shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or Your use of this Website or the Services.

• Disclaimer for Warranties

6.1 The Website and its contents are provided on an “as is”, “as available” and “with all faults” basis, without any warranties of any kind, either express or implied.

6.2 To the fullest extent permitted by applicable law, We disclaim all warranties, whether express, implied, statutory or otherwise, including but not limited to:

1. warranties of merchantability, fitness for a particular purpose and non-infringement;
2. warranties that the Website will be available, uninterrupted, secure or error-free;
3. warranties as to the accuracy, completeness, reliability or timelessness of any information provided on the Website;
4. warranties regarding the results that may be obtained from the use of the Website or the Services.
5. We further disclaim any and all liability for the accuracy, completeness, or content of any third-party websites linked to this Website, whether through hyperlinks, banner advertising, or otherwise, and/or for the Services found at this Website or any third-party websites linked to this Website. We assume no liability or responsibility for the same. 

You specifically acknowledge and agree that no oral or written information or advice provided by K9 School, its officers, directors, employees, agents, or third-party service providers shall 

(i) constitute legal or financial advice; or 

(ii) create a warranty of any kind with respect to this Website or the Services. 

Users are expressly advised not to rely on any such information or advice. This disclaimer of warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or Your use of this Website or the Services.

6.3 We make no warranty that the Services provided will meet Your or Your pet’s needs or that the results of any training or other services will be satisfactory. You acknowledge that the success of any training or behavioral modification depends on various factors, including the pet’s temperament, the owner’s commitment, and other circumstances beyond Our control. Any statements or representations made on the Website regarding the Services are for informational purposes only and do not constitute a binding offer, professional advice or a guarantee of specific results.

• Limitation of Liability

7.1 To the fullest extent permitted by applicable law, We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to Your use of the Website or the Services, including but not limited to:

1. Damages for lost profits, lost revenues, lost data or loss of goodwill;
2. Damages for personal injury, death, or property damage;
3. Damages arising from any third party conduct or content, including but not limited to defamatory, offensive or illegal conduct;
4. Damages arising from any errors or omissions, in the content of the Website, including but not limited to technical inaccuracies and typographical errors. 
5. Damages arising from any interruptions or cessation of the Website or the Services, including but not limited to scheduled or unscheduled maintenance.
6. Damages arising from any unauthorised access to or use of Your account or Your personal information, including but not limited to hacking and data breaches.

7.2 Notwithstanding any provision herein to the contrary, the Company’s aggregate liability to You for any and all claims, damages, losses, costs and expenses, arising from or in connection with the Website, Services or these Terms – whether grounded in contract, tort, strict liability, or under any other theory of liability – shall be limited to the total fees actually paid by You to the Company for the specific Services giving rise to such claim, subject to a maximum of  INR 1,00,000 (Indian Rupees One Lakh). This limitation reflects a reasonable allocation of risk and constitutes an essential element of the bargain between the Parties. You expressly acknowledge that the Company would not be able to provide the Services on an economically reasonable basis without this limitation and therefore We would not enter into these Terms absent Your acceptance of this limitation.   

7.3 You acknowledge and agree that the limitations of liability set forth in this Clause 7 are fundamental to the basis of the agreement between You and Us. Without these limitations, We would not be able to provide the Website and the Services on a commercially reasonable basis. These limitations shall apply even if We have been advised of the possibility of such damages.

7.4 The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or Your use of this Website or the Services found herein. 

• Third-Party Links

The Website may contain links to third-party websites that are not owned or controlled by Us. We are not responsible for the content, privacy practices, or any other aspect of such third-party websites, including but not limited to their accuracy, reliability, or legality. Your access to and use of such third-party websites is at Your own risk, and You should review their respective terms of use and privacy policies. We do not endorse any third-party websites or any information, products, or services offered on those websites. We shall not be liable for any damages or losses arising from Your use of any third-party websites.

• Indemnification

9.1 You agree to indemnify, defend, and hold harmless K9 School and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, actions, suits, proceedings, losses, liabilities, obligations, damages, penalties, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or relating to your:

1. Use of the Website;
2. Violation of these Terms;
3. Violation of any third-party rights, including but not limited to intellectual property rights and privacy rights;
4. User Content; or
5. Negligence, fraud, or willful misconduct.

9.2 We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by You, in which case You agree to fully cooperate with Us in asserting any available defenses. This indemnification obligation shall survive the termination of these Terms and Your use of the Website.

• Availability of the Website

K9 School endeavors to ensure the Website is available for use at all times; however, availability is not guaranteed. The Website may experience occasional outages, maintenance periods, or unforeseen disruptions. We reserve the right to modify, suspend, or discontinue access to the Website, in whole or in part, at any time and without notice. We shall not be liable to You or any third party for any unavailability, modification, suspension, or discontinuance of the Website or any of its features or functionalities.

• Data Transfer

By using the Website and providing Your information, You acknowledge and agree that Your data may be transferred, processed and stored in jurisdictions outside of Your location, including jurisdictions that may not provide the same level of data protection as Your home jurisdiction. We take reasonable steps to ensure Your data is treated securely and in accordance with applicable data protection laws. You expressly consent to such cross-border transfer, processing, and storage of Your data as required for K9 School to provide its Services and operate this Website.

• Discontinued Services

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any part of the Services offered through the Website at any time and without prior notice and without liability to You. This may include eliminating or ceasing to support any Services, features, or content previously offered. In the event of discontinued Services for which You have prepaid fees, We shall provide either a pro-rata refund or an alternative resolution at Our discretion. Discontinuation of Services shall not affect Your obligations under these Terms, including but not limited to payment obligations and indemnification.

• Payment Terms 

13.1 You acknowledge and agree that all payments for Services shall be processed and collected by K9 School.

13.2 You agree to pay all prices and fees due for Services purchased or obtained through the Website at the time of order.

13.3. K9 School expressly reserves the right to modify its pricing and fee structure at any time. Any such modifications shall be posted on the Terms and Condition of the Onboarding documents which can be accessed here: LINK and shall become effective immediately upon posting, without further notice to You.

• Refund Policy

14.1 In the event of advance payment and subsequent cancellation by the Client, any amounts paid shall be applied as a credit towards future services. Under no circumstances shall refunds be issued.

14.2 K9 School’s obligation to provide refunds is limited to instances where it is unable to render the Services due to its own unavailability. All other refund requests shall be denied.

14.3 In the event of any misconduct, including verbal or physical abuse directed towards Company management or training staff, all fees previously paid shall be immediately forfeited, and Services shall be terminated forthwith.

• No Third Party Beneficiaries

These Terms are intended solely for the benefit of You and K9 School only. Except as expressly stated herein, nothing in these Terms shall be construed to confer any rights or benefits upon any third party, including but not limited to any third-party service providers, affiliates, or contractors. No third party shall have any right to enforce any provision of these Terms, whether under applicable law or otherwise.

• Governing Law and Dispute Resolution

16.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of laws principles.

16.2 Amicable Resolution

The Parties shall first endeavor to resolve any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, through good faith informal negotiations. Such negotiations shall be initiated by written notice from one Party to the other.

16.3 Binding Arbitration

Should any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, remain unresolved through informal negotiations within 30 (Thirty) days of the date of the aforementioned written notice, such shall be exclusively and finally resolved by binding arbitration in accordance with the provisions of the Indian Council of Arbitration in accordance with its Arbitration Rules, corresponding which You completely waive any objections. The place of arbitration shall be in New Delhi. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties, and subject to the provisions of applicable law, the parties agree that the courts of New Delhi, India, which have jurisdiction by virtue of this Agreement, shall have exclusive jurisdiction over judgement on the award rendered by the arbitrator(s) and all disputes arising from or in connection with these Terms

16.3 Injunctive and Equitable Relief

Notwithstanding the foregoing, K9 School reserves the unfettered right to seek immediate injunctive, specific performance, or other equitable relief from any court of competent jurisdiction to prevent the actual or threatened breach of these Terms, or to protect its intellectual property rights or confidential information, or to enforce its rights and obligations where the urgency of the matter so requires that recourse to arbitration would not provide an adequate remedy. Such applications shall not be deemed a waiver of the obligation to arbitrate any other disputes.

16.4 No Class Action Suits

You agree that any dispute shall be resolved solely on an individual basis and that You shall not initiate or participate in any class action, collective action, or other representative proceeding against K9 School. This clause constitutes an express waiver of any right to participate in a class-wide arbitration or litigation.

16.5 The arbitrator shall have the authority to grant any remedy that would be available in court, including injunctive relief and specific performance, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding on both parties.

• Modification of Terms

We reserve the right to modify these Terms at any time, without prior notice. We will make reasonable efforts to notify You of any material changes to these Terms, such as by posting a notice on the Website or sending an email to the email address associated with Your account. Your continued use of the Website after any such modifications constitutes Your acceptance of the revised Terms. It is Your responsibility to review these Terms periodically for any changes. Your failure to do so shall not excuse Your obligation to comply with the modified Terms.

• Termination

We may, in Our sole discretion and without liability, terminate, suspend, or restrict Your access to the Website and Your account at any time, with or without cause, and without prior notice. Upon termination, Your right to use the Website shall immediately cease. The provisions of Clause 4 to 16 and Clause 18 to 21 shall survive any termination of these Terms. We shall not be liable to You or any third party for any termination of Your access to the Website.

• Severability 

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The Parties agree to negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent and economic effect of the invalid or unenforceable provision.

• Waiver 

No waiver of any provision of these Terms shall be effective unless in writing and signed by Us. No failure or delay by Us in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

• Entire Agreement

These Terms, together with any other legal notices and agreements published by K9 School on the Website, constitute the entire agreement between You and Us with respect to Your use of the Website and supersede all prior or contemporaneous communications and agreements, whether oral or written.

• Assignment

You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent. We may assign or transfer our rights and obligations under these Terms, in whole or in part, at any time without Your consent.

• Force Majeure  

Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, epidemics, natural disasters, strikes, or other labor disputes.

• Contact Information

If You have any questions about these Terms, please contact Us at:

Name:

Address:

Phone:

Email ID: