TERMS OF SERVICE

Eatology Foods LLP (HEREINAFTER REFERRED TO AS “Eatology”) provides an online platform wherein customers/users can subscribe to meal subscription service for their dog/s.

Eatology is the owner of the trade mark “Lulu & Daisy” under the Trade Marks Act, 1999, inter alia in respect of pet food, meal subscription services, etc. Eatology provides the said products and/or services amongst other products/services under the trade mark / brand name “Lulu & Daisy” and / or through the domain name www.luluanddaisy.com. 

USERS SHALL READ THESE TERMS OF SERVICE CAREFULLY AS THEY RELATE TO AND GOVERN THE USE OF AND / OR ACCESS TO THIS SITE (www.luluanddaisy.com) (HEREINAFTER REFERRED TO AS THE WEBSITE”) AND PRODUCTS/SERVICES PROVIDED THEREUNDER. 

BY USING AND/ OR ACCESSING THE WEBSITE YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN BELOW. THESE TERMS AND CONDITIONS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN EATOLOGY AND USERS AND GOVERN LEGAL RIGHTS, REMEDIES, OBLIGATIONS AND VARIOUS OTHER TERMS LIKE LIMITATION, JURISDICTION, APPLICABLE LAW ETC. 

EATOLOGY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO AMEND AND / OR MODIFY THESE TERMS AND CONDITIONS AND/ OR SERVICES FROM TIME TO TIME WITHOUT PRIOR NOTICE AND ANY SUCH AMENDMENT SHALL COME INTO FORCE IMMEDIATELY. USERS AGREE TO BE RESPONSIBLE FOR PERIODICALLY CHECKING THE WEBSITE FOR CHANGES IN THESE TERMS AND CONDITIONS. USERS OF THE SITE AGREE TO ABIDE AND BE BOUND BY AMENDED AND/ OR MODIFIED TERMS AND CONDITIONS.  BY CONTINUING USING AND/ OR ACCESSING THE SITE AND/ OR SERVICES, YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH TERMS AND CONDITIONS AND SERVICES AMENDED AND / OR MODIFIED FROM TIME TO TIME.

1. Account creation
   
   1.1 The Site and its products / services are intended solely for use by persons who are 18 years of age or older. In order to use and / or access the Site and/or avail Services provided by the Site, all Users shall be 18 years of age or older. Use and / or access of site and/ or availing the services by any person below the age of 18 years is expressly prohibited. By using and / or accessing the Site or its Services you represent and warrant that you are at least 18 years old. If you are not a major, i.e. at least of 18 years age or above, you shall not register on the website and shall not purchase or avail service on the website. As a minor, if you wish to purchase a product or avail a service on the website, the same may be made by your legal guardian or parents who have registered as users of the website. Eatology reserves the right to terminate your membership and refuse to provide you with access to the website if it is found that you are under the age of 18 years.
   
   1.2 In order to access certain features and/or services of the Site, you agree to creation of an account with the website. Users may purchase (whether once or multiple times) products listed on the website by creating an account with the website or providing their basic details such as name, address, phone number and email to fulfill the order. Such orders are, however, subject to availability of products and/or acceptance by Eatology. In order to avail the meal subscription service,  you will be directed to a customer onboarding form wherein you must provide your name, a valid email id and a password and other information necessary, including personal information or sensitive personal information about yourself or your pet, to create and operate an account on the website. Such information will be used solely for the purpose of creating your account and handling, tracking and managing the orders for products or meal subscription service, etc.,  on the website. The collection of such information shall be governed by the Privacy Policy available on the website.  
   
   1.3 You agree to provide true and accurate information while using the site. You agree to not impersonate any person, whether natural or legal, or use a false identity or to mislead or attempt to mislead the source of any information used to avail buy products or avail services on the website. While the products intended to be sold on the website are for pets’ wellbeing, Eatology shall not be responsible for any misinformation or incorrect information provided by the users. Users are responsible for all activity, including purchase of products or availing of services under their username and password. You shall not disclose your username and password to anyone and it is your sole responsibility to notify Eatology if you have reason to believe that your account has been compromised and/or used in an unauthorized manner. Eatology does not take any responsibility, liability or obligation for any loss or damage resulting from failure on your part to protect your username and password and/or any unauthorized access of your account information by a person other than Eatology.
   
   1.4 Eatology reserves the rights at its sole discretion to terminate, refuse, restrict or suspend any user’s account at any time, for any reason, without notice, including when a user fails to abide by these Terms of Service or any other policy or terms posted anywhere on the Site. You may be prohibited from creating a new account if your account has been previously terminated in certain circumstances.
   
   1.5 By clicking “Subscribe” you acknowledge and expressly give your consent to accept the “Terms of Service” of the site and you accept to abide and be bound by the “Terms of Service” and/or any other policy which governs the Site and the products / services offered thereunder. 
2. Applicable law and Jurisdiction
   
   These terms shall be governed, interpreted and construed in accordance with the laws of the Republic of India applicable from time to time. Eatology and you agree to submit to the exclusive jurisdiction of courts located in Mumbai for any claims, actions, demands, suits, disputes arising out of and / or in connection with Products/Services provided by Eatology. Users shall comply with all applicable local, state, national and foreign laws including laws on taxation, if applicable.
   
   
3. Limitation of liability
   
   We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error free or that the results that may be obtained by use of our products or availing our services will be accurate or reliable.
   
   You agree that use of our products or services is at your sole risk. .
   
   To the fullest extent permissible by law, in no event shall the Eatology or its Partners, members, employees, group companies or agents be liable for any direct, indirect, special, consequential damages or damages of any other kind incurred by you or any third party arising out of your access or use or inability to access or use the Site and/or its products and/or its services, including but loss of profits or loss of data or loss of goodwill or other intangibles, whether in an action for contract or tort or otherwise or any other matter arising from or relating to or connected with our products or services or these Terms and Conditions.
   
   Eatology makes every effort to ensure that it provides wholesome and well balanced meals to your dog to ensure that they lead a healthy and happy life. Eatology is not a certified veterinarian, however, the food and subscription plans have been carefully designed after extensive research and trials. The recipes of some of our products listed on the website are crafted by canine nutritionists in compliance with standards set by The Association of American Feed Control Officials. Meals are crafted for dogs with no pre-existing health conditions. In case your dog has an existing health issue,  Eatology recommends that you consult your veterinarian before changing your dog’s diet to Eatology or any meal plans offered by us.
   
   In no event shall Eatology be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of any edible product purchased herein. Users expressly agree and acknowledge that any product purchased should be used at your own risk and you should assess the risks individually for your dog before purchasing any product or using any product on your pet. Users agree that in the event that Eatology is held to be liable for any harm caused, the amount which it shall be liable to you shall be limited only to the cost of the product.
   
   Eatology has made its best efforts in representing the characteristics of the the products listed with good level of detail, however, the images or colours of the actual product may differ from the real ones due to many factors, including user’s device, photographic filters, screen resolution, etc. Users accept such differences in the actual products.
   
   Eatology has formulated all the meal plans keeping in mind the calorie intake and nutritional requirements of a healthy dog and to sustain a healthy life in an adult dog with the use of human grade ingredients. Eatology makes no representation and does not claim in any manner that its products listed on the website or services offered under meal plan will heal, cure or alleviate any health condition or symptoms. In case your dog is allergic to a certain food that is included in the meal, Eatology is not responsible for any allergic reaction in your dog, unless we have been informed in advance in writing.  Eatology is not responsible incase you provide incorrect information or suppress vital information about your dog, which leads to causing any side effects or health condition in your dog. 
   
   
4. Disclaimer
   
   Users understand and agree that the use of this site is at their sole risk. The information provided on this Site is provided in good faith and is believed to be accurate at the date on which information was placed on this site. Eatology, its partners, employees or agents expressly disclaim all warranties and liability of any kind, whether express or implied, including, but not limited to, warranty as to the reliability, accuracy or completeness of information contained on the site or its services or that any content on the Site will meet your requirements or be available on an uninterrupted or error free or secure basis. No advice or information, whether oral or written, obtained from the site or its services or content will create any warranty not expressly made herein.
   
   
5. Indemnification
   
   You agree to indemnify, defend and hold harmless Eatology or its partners, members, employees, group companies or agents from any loss, claim, damage, liability, demand, expenses including, but not limited to, reasonable legal expenses and accounting fees arising out of and / or in connection with breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.. 
   
   
6. External Links 
   
   The site may contain links to other sites. Users understand and agree that Eatology does not control or endorse any other sites and does not take any responsibility whatsoever for any loss or damages related to the content or services made available through other third party sites. By using the third party sites provided on the site, you agree to be bound by the terms and conditions of those third party sites.
   
   
7. Intellectual Property Policy
   
   Users acknowledge and accept that unless otherwise expressly stated, all the content on the site including, but not limited to, images, graphics, photos, sound, music, videos, software, script, trade names, trade mark, logos, labels, service marks and/or any other proprietary marks are either owned by Eatology or licensed thereto. No information, content or portion uploaded on the site shall be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purposes or otherwise not expressly permitted by Site. It is the policy of Eatology to terminate, in its sole discretion, accounts of users in appropriate circumstances, found repeatedly infringing the rights of owner of copyright, trade mark or other intellectual property rights. The site, its services, its application and all the content is protected by copyright, trade mark and other relevant laws of India and foreign countries.
   
   
8. Payment and Pricing
   
   All payments made towards the purchase of products or availing of services will be made through a secure payment gateway provided on our website and your credit card or bank account details will be fully encrypted to ensure safety and security of your credit card and bank account details. All information that you provide to make a purchase on the website including your credit card information is subject to Eatology‘s Privacy Policy.
   
   You understand, accept, acknowledge and agree that the payment gateway provided by Eatology is neither a banking service nor a financial service but it is merely a facilitation for  providing an online electronic payment gateway for purchasing products or availing services on the website using the existing authorized banking infrastructure and credit card payment gateway networks. By providing payment gateway to users, Eatology is neither acting as trustees nor acting in a fiduciary capacity in any manner whatsoever.
   
   Prices for our product or subscription plan are subject to change without notice. We reserve the right to modify or discontinue any product / subscription plan or any part thereof without notice any time and we shall not be liable to you or any third party for such change, modification, price change, discontinuation of product/subscription plan.
   
   If you have subscribed for a monthly subscription plan, you have agreed to allow Eatology to bill you on a recurring basis as per your selected subscription. You are required to make payment towards the monthly subscription fee or renewal fee at least 5 days prior to the expiry of the subscription plan in order to continue to receive the subscription deliveries.  Incase of failure to make payment towards the subscription or renewal fee, Eatology reserves its right to cancel the subscription plan. You may, however, restore the subscription plan upon making payment towards the subscription fee. 
   
   
9. Waiver and severability
   
   Failure by Eatology to exercise any right or privilege under these terms and conditions shall not operate as a waiver thereof.  If any clause of these Terms of Service is held to be invalid, void or unenforceable for any reason, and the same is severable, the validity and enforceability of the remaining clauses of the above Terms of Service shall not be affected in any manner whatsoever by virtue of such clause, all of which shall remain in full force and effect.
   
   
10. Entire Agreement
    
    These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. Eatology may, at its sole discretion and without notice, revise these terms at any time by updating these terms. 
    
    
11. Delivery & Shipping
    
    Each meal plan subscription  is charged at actuals and billable on the following billing cycle The due subscription amount is communicated to the customer on each billing cycle. Should you require additional delivery days or a change in the delivery day, you will be charged an additional shipping charge that will be communicated to you on email or phone.
    
    We have deliveries on fixed days based on locations of your delivery. We will notify you via email or through phone should there be a change in delivery schedule due to Public Holidays.
    
    If you are traveling, you can reschedule your deliveries to another date by contacting us via email or WhatsApp. The delivery plan can be altered only when the information is provided to us with a minimum of  3 day/s prior intimation before the originally planned delivery date.
    
    You acknowledge and agree that Eatology has no obligation to provide a refund for any products that are undelivered or spoiled because of delayed information about rescheduling. Users agree to follow the storage advisory provided at the time of onboarding. In case, the user fails to follow such advisory due to which the product is contaminated or the pet falls sick, Eatology shall not be responsible for any claims or consequences thereof. Eatology, however, in its own discretion may refund the balance amount if the user stops the services or alternatively, the user may postpone the delivery to a future date. Credit, in such circumstances, shall only be given towards the same product and not on any other product.
    
    You acknowledge and agree that Eatology is not responsible for failed deliveries due to incomplete or incorrect addresses. We will make every effort to ensure that the meals are delivered in accordance with your specifications. However, if you are not home to receive the delivery or there is no safe place to leave it, we will bring your delivery back to the kitchen. There may be separate charges for the delivery if the product is required to be delivered on an alternate slot. Alternatively, the delivery may be sent on the next delivery cycle chosen by you.
    
    
12. Return policy
    
    For meal subscription service, a return is required to be placed the same day on which the product is delivered as the products are highly perishable. Due to the highly perishable nature of the products, failure of the user to return the product in the given timeline will lead to non-acceptance of return by Eatology.
    
    To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags/stickers, and in its original packaging. We may ask you to produce the receipt or proof of purchase.
    
    To start a return, you can contact us at +91 9324398083 / [email protected] or place a return request on the website.
    
    If your return is accepted, we will contact you with instructions for completing the return and initiating the refund process. Items sent back to us without first requesting a return will not be accepted.
    
    You can always contact us for any return question at +91 9324398083 / [email protected].
    
    
13. Damages and issues
    
    Please inspect your order upon receiving. If a product received by you is defective, damages or if you received the wrong item, you should contact us immediately to enable us to resolve the issue.
    
    
14. Refunds
    
    We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 7 business days. Please note it may take some time for your bank or credit card or payment mode to process and post the refund to your opted payment method.
    
    If more than 7 business days have passed since we have approved your return, please contact us at  [email protected] and we shall be happy to resolve the issue at the earliest possible.
    
    Refunds are not issued for delays that are beyond the control of Eatology, including but not limited to traffic, logistics, bad weather, etc. In the event we are required to cancel your order, a notification will be sent by email or by phone, and the number of meals cancelled will be automatically added to your next delivery. If automatic date does not suit your schedule, an alternate delivery date may be scheduled upon contact us, subject to availability.
    
    Cancellations and pause due to public holidays, weather or traffic-related emergencies and Eatology’s own service disruptions will not result in additional shipping costs. We will notify you of the rescheduling of such delayed shipment at no additional cost to you.
    
    
15. For Additional Information
    
    If you have any questions about these Terms and Conditions, please contact
    
    Contact no: +91 9324398083
    Email ID: [email protected]
    Write to us: 6/S, Pemino, Altamount Road, Mumbai 400026