This Groomer’s Job Agreement includes the following terms and conditions: -
Definitions and Interpretation - In this Contract (unless the Contract otherwise requires), the following words shall have the following meanings:
Job means the request and confirmation of the Job.
Groomer’s Job Agreement means this Contract executed by the groomer which sets out specific details of the job of Job by the Client.
Client means any natural person, corporate or unincorporated body (whether or not having separate legal personality) contracting for the use of the Job.
Commencement Date - The Contract shall come into effect upon receipt by M/s. Petdos Online Pvt. Ltd. of a executed contract from the groomer or on the first date on which M/s. Petdos Online Pvt. Ltd. provides the contracts for grooming Job, whichever is the earlier.
Conditions means these terms and conditions, as amended from time to time by M/s. Petdos Online Pvt. Ltd.
Contract - means these Conditions and the Groomer’s Job Contract.
Delegate means any person including helper, cleaner or all other persons having whatsoever concern with grooming job, to the exclusion of the any person related to M/s. Petdos Online Pvt. Ltd. or hired by M/s. Petdos Online Pvt. Ltd.
Grooming job means the grooming of pets of all kind which includes bathing, etc,.
Price means the price specified and agreed in the Contract by the groomer.
That this agreement is between M/s. Petdos Online Pvt. Ltd, which is an online intermediary portal for pets etc, and between a groomer, who is trained person, having ample expertise and training in performing various grooming jobs for pets, that the groomer shall always remain a user for the purpose of this contract, as specified in the terms of use of the online portal of M/s. Petdos Online Pvt. Ltd.
That under this agreement M/s. Petdos Online Pvt. Ltd. shall provide contracts for grooming job to the groomer as a pre-determined price, which shall be fixed by M/s. Petdos Online Pvt. Ltd.
That the groomer undertakes to abide by all the conditions of this agreement and of the Terms of use and Privacy Policy.
That the groomer assures to M/s. Petdos Online Pvt. Ltd. as under:-
That the groomer has no past criminal antecedents or that any no criminal trial for an heinous offense is pending against him in an court of law.
That the groomer shall ensure a positive and polite behaviour towards the client.
That the groomer shall be responsible for the jobs performed by him / her.
That the groomer shall comply with all the laws of the land including paying appropriate taxes and having appropriate licenses and qualification, in any, as the case may be.
That the groomer shall use all tools and products with hygiene and market standards.
That the groomer undertakes to pay at first demand any loss or indemnity to M/s. Petdos Online Pvt. Ltd.
That the groomer shall induct, if any, helpers, cleaners etc, with him at his own costs and risks, and that the groomer shall be wholly and solely responsible for grooming job to the client.
That the charge or any sum payable as commission shall be non-refundable or adjustable to M/s. Petdos Online Pvt. Ltd.
That the groomer shall be responsible for all losses and profits or dispute for the grooming jobs.
That the groomer shall ensure that medical fitness and all other pre-requisites of the pet before performing the grooming job.
That the groomer undertakes as under:-
That M/s. Petdos Online Pvt. Ltd. Shall have no liability whatsoever under any circumstances for the grooming jobs.
That M/s. Petdos Online Pvt. Ltd. Can hold the grooming fee in necessary cases as and when required.
That groomer has understood that terms and conditions of this contract alongwith the terms of use and privacy policy of the online portal of M/s. Petdos Online Pvt. Ltd.
Grooming Job – will include and would be governed as under: -
The Contract shall come into effect upon receipt by M/s. Petdos Online Pvt. Ltd. of a executed contract from the groomer or on the first date on which groomer provides the Job, whichever is the earlier (the Commencement Date). Notwithstanding the foregoing, M/s. Petdos Online Pvt. Ltd. reserves the right to refuse to supply the Job until such time as it has received a signed contract from the groomer.
Groomer and M/s. Petdos Online Pvt. Ltd. Both shall use reasonable endeavours to supply the Job from the Commencement Date.
M/s. Petdos Online Pvt. Ltd. reserves the right to make changes to the Job which are necessary to comply with any applicable laws or safety requirements. M/s. Petdos Online Pvt. Ltd. will notify the groomer of any changes to the Job and that the groomer shall not charge for the same accordingly.
M/s. Petdos Online Pvt. Ltd. will provide administrative assistance to the groomer, if agreed or possible, and that the said administration shall be accepted and binding on the groomer. However, notwithstanding the foregoing, the groomer will be solely responsible for the overall job and shall be solely responsible for any loss incurred.
M/s. Petdos Online Pvt. Ltd. represents and warrants to groomer that it has good quality of jobs to be provided to the groomer, and that the groomer has the experience and ability to perform the jobs required by this Agreement; that it will perform said jobs in a professional, competent and timely manner, However, groomer will not determine or exercise control as to general procedures or formats necessary to have these jobs meet Client's satisfaction.
Variation and Amendments –Any changes in the terms and conditions herein or in the jobs to be provided must be in written and signed by both the M/s. Petdos Online Pvt. Ltd. And the groomer. Oral agreements are non-binding. The latest contract supersedes all previous contracts between Client and M/s. Petdos Online Pvt. Ltd. for the event listed above. If any clause in this Agreement is found to be unenforceable by a court of law or otherwise, the rest of this Agreement shall remain in full force and effect.
Liability and Indemnity - It is agreed to that groomer will take reasonable steps to protect M/s. Petdos Online Pvt. Ltd. and client, all personnel and equipment during the contracted period. In the event of injuries or damages resulting from insufficient protection on groomer’s part (except in the case of gross negligence on the part of client), groomer will be responsible for paying for all of M/s. Petdos Online Pvt. Ltd. and client’s resulting costs (including, but not limited to, insurance deductibles, medical treatment) that are not reimbursed by insurance, if any. Groomer agrees to defend, indemnify, assume liability for and hold M/s. Petdos Online Pvt. Ltd. harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney/counsel fees and court costs, arising out of or resulting from the performance of this contract, regardless of the basis (except for gross negligence on the part of M/s. Petdos Online Pvt. Ltd.)
Force Majeure – This agreement shall be excused by acts of God, or any other legitimate condition beyond M/s. Petdos Online Pvt. Ltd. control. The groomer agrees that in all such circumstances, M/s. Petdos Online Pvt. Ltd. liability shall be exclusively limited to refunding the fees paid and that M/s. Petdos Online Pvt. Ltd. shall not be liable for indirect or consequential damages arising from any breach of this contract.
Term, Cancellation and Termination - By M/s. Petdos Online Pvt. Ltd. - M/s. Petdos Online Pvt. Ltd. reserves the right to cancel the Job (or any part thereof) if:
The groomer breaches any of its duties or obligations under the Contract; or
In the opinion of M/s. Petdos Online Pvt. Ltd., the groomer has requested a significant change of the Contract or Job; including but not limited to a request; or
M/s. Petdos Online Pvt. Ltd. is not satisfied with the groomer’s credit status; or
In the opinion of M/s. Petdos Online Pvt. Ltd., the job might prejudice the reputation of M/s. Petdos Online Pvt. Ltd.; or
M/s. Petdos Online Pvt. Ltd. is requested to cancel the job by order of any government or other public authority.
Relationship of Parties - The parties to this Agreement are not joint ventures’, partners, agents, nor representatives of each other, and such parties have no legal relationship other than as contracting parties to this Agreement.
No Waiver - M/s. Petdos Online Pvt. Ltd. may elect not to exercise rights specified in this agreement. By doing so, M/s. Petdos Online Pvt. Ltd. does not waive their right to exercise those rights at a future date.
Entire Agreement - This agreement is not binding until received and executed by M/s. Petdos Online Pvt. Ltd. and the groomer. This Agreement supersedes any prior understandings or oral agreements between the parties regarding the subject matter hereof and constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof, and there are no agreements, understandings, representations or warranties among the parties other than those set forth herein.
Counterparts - This Agreement may be executed in multiple counterparts, and each such executed counterpart shall be deemed an original, but all of which together shall constitute a single agreement. Facsimile signatures to this Agreement are acceptable and carry with it the same full force and effect as an original signature.
Dispute Resolution & Law and Jurisdiction - It is hereby agreed and understood that the laws of the Republic of India and the National Capital Territory of Delhi shall govern this agreement, further any dispute between M/s. Petdos Online Pvt. Ltd. and the groomer shall only be adjudicated at the courts exclusively having jurisdiction at South district, New Delhi only.
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