1. THE TERMS


2. GENERAL


3. SERVICES

4. ELIGIBILITY TO USE

5. USER ACCOUNT, PASSWORD, AND SECURITY

6. PRICING INFORMATION

7. USER OBLIGATIONS

8.USE OF MATERIALS

9. USAGE CONDUCT

10. INTELLECTUAL PROPERTY RIGHTS

11. DISCLAIMER OF WARRANTIES & LIABILITY

12. VIOLATION OF THE TERMS OF USE

  • 12.1. Pochemuchka may, in its sole discretion and without prior notice, terminate Your access to the Website if Pochemuchka determines that You have violated the Terms or Additional Terms or any other duty owed to Pochemuchka. Any violation by You of the Terms will constitute a breach, and will cause irreparable harm to Pochemuchka, for which monetary damages is likely to be inadequate, and You consent to Pochemuchka obtaining any injunctive or equitable relief that Pochemuchka deems necessary or appropriate. These remedies are in addition to any other remedies Pochemuchka may have at law or in equity.

13. TERMINATION

  • 13.1. The Terms will continue to apply until terminated by either You or Pochemuchka as set forth below. If You want to terminate Your agreement with Pochemuchka, You may do so by closing Your Account (if any). However, such termination shall not affect any rights and obligations that result from or resulted from, or are related to Your use of the Website prior to such termination, or any Product purchased by You or any Services availed by You prior to such termination.

  • 13.2. Pochemuchka may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:

    • 13.2.1. You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You;

    • 13.2.2. Pochemuchka is required to do so by law (for example, where the sale of Products or provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority or enforcement /enactment of any laws or regulations);

    • 13.2.3. The sale of Products or provision of the Services to You by Pochemuchka is, in Pochemuchka's opinion, no longer commercially viable;

    • 13.2.4. Pochemuchka has elected to discontinue, with or without reason, access to the Website, providing of any the Services (or any part thereof) either in general or specifically to You;
      or

    • 13.2.5. For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or providing any Services. Pochemuchka may also delete any content or other materials relating to Your use of the Website.

  • 13.3. Pochemuchka shall not be liable to You or any third party for any such termination.

  • 13.4. Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.

14. GOVERNING LAW

  • 14.1. The Terms and all transactions entered and the relationship between You and Pochemuchka and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.

  • 14.2. All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.

15. REPORT ABUSE

  • In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable Content on the Website, please report to care@cubmcpaws.com

16. PRIVACY POLICY

  • You confirm that you have read and fully understand the Privacy Policy of Pochemuchka in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

17. NEWSLETTERS AND COMMUNICATIONS

  • You hereby expressly agree to receive communications and newsletters from Pochemuchka by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Pochemuchka at any time by following the procedure set forth in the newsletters.

18. GENERAL PROVISIONS

  • 18.1. Notice: All notices from Pochemuchka will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to Pochemuchka pursuant to the Terms should be sent to care@cubmcpaws.com

  • 18.2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. Pochemuchka's rights under the Terms of Use are freely transferable by Pochemuchka to any third parties without the requirement of seeking Your consent.

  • 18.3. Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.

  • 18.4. Waiver: Any failure by Pochemuchka to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

  • 18.5. Feedback and Information: Any feedback You provide to this Website shall be deemed to be non-confidential. Pochemuchka shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Pochemuchka is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from Pochemuchka for the feedback under any circumstances.

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