Terms of Service

By accessing or using the Barnaby mobile application and services operated by ESPR Creative Lab Private Limited ("Barnaby", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the service.

These Terms apply to all users of the platform, including pet owners, livestock farmers, veterinarians, and pet store operators.

Barnaby provides a platform connecting animal caregivers (pet owners and livestock farmers) with licensed veterinary professionals for telemedicine consultations, as well as a marketplace for pet products and services. Our services include:

• Video, audio, and chat-based veterinary consultations
• Digital health records and prescription management
• Pet and livestock marketplace
• Emergency veterinary clinic locator
• Vaccination reminders and health tracking

Important: Barnaby does not provide veterinary services directly. We facilitate connections between users and independent veterinary professionals. Veterinarians using our platform are independent contractors, not employees of Barnaby.

When you create an account with us, you must:

• Provide accurate, complete, and current information
• Maintain and update your information to keep it accurate
• Safeguard access to your registered phone number and the one-time codes (OTPs) we send to it, and restrict access to your account and device
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You must be at least 18 years old to create an account. By creating an account, you represent that you are at least 18 years of age.

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

Nature of Service: Consultations are conducted by licensed veterinarians registered with the Veterinary Council of India (VCI) or relevant state veterinary councils. While we verify credentials, Barnaby does not guarantee diagnosis or treatment outcomes.

Limitations: Telemedicine has inherent limitations and may not be suitable for all conditions. Remote consultations cannot replace physical examinations in all cases. Users acknowledge that:

• Some conditions require in-person examination
• Veterinarians may recommend physical visits when necessary
• Emergency conditions should be handled at physical clinics
• Telemedicine is supplementary to, not a replacement for, traditional veterinary care

Emergency Disclaimer: In case of emergency or life-threatening conditions, please visit your nearest veterinary emergency clinic immediately. Do not rely on telemedicine for emergencies.

Veterinarians using the Barnaby platform agree to:

• Maintain valid registration with VCI or relevant state veterinary councils
• Provide accurate credential and qualification information
• Practice within their scope of expertise and licensure
• Maintain patient confidentiality as per professional standards
• Follow applicable telemedicine guidelines and regulations
• Refer patients for in-person care when appropriate
• Maintain professional liability insurance

Veterinarians are independent contractors and are solely responsible for the medical advice and care they provide. Barnaby is not liable for any medical advice, diagnosis, or treatment provided by veterinarians.

Payment Processing: All payments are processed securely through Razorpay. We accept UPI, credit/debit cards, net banking, and digital wallets. Payment is required at the time of booking.

Consultation Fees: Consultation fees are set by individual veterinarians and displayed before booking. Barnaby charges a platform fee (commission) on each consultation.

Refund Policy: Please refer to our detailed Refund and Cancellation Policy. In summary:

• Cancellations 24+ hours before consultation: Full refund (100%)
• Cancellations 12 to 24 hours before consultation: 75% refund
• Cancellations 1 to 12 hours before consultation: 50% refund
• Cancellations less than 1 hour before consultation: No refund
• No-shows: No refund
• Technical issues preventing consultation: Full refund or rescheduling

Products sold through our marketplace are provided by third-party sellers ("Store Partners"). Regarding marketplace purchases:

• Barnaby facilitates transactions but does not manufacture or directly sell products
• Product descriptions, pricing, and availability are determined by Store Partners
• Quality, authenticity, and safety of products are the responsibility of Store Partners
• Shipping, delivery timelines, and returns are handled according to individual seller policies and our platform guidelines
• Prescription medications require valid prescriptions from veterinarians

Barnaby reserves the right to remove products or suspend sellers that violate our policies or receive consistent negative feedback.

You agree not to:

• Use the service for any illegal purpose or in violation of any laws
• Share false, misleading, or fraudulent information
• Impersonate any person or entity
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorized access to any part of the service
• Harass, abuse, or threaten other users or veterinarians
• Upload malicious code, viruses, or harmful materials
• Scrape, data mine, or collect information without authorization
• Use the service for spam or unsolicited communications
• Circumvent any security measures or access restrictions
• Resell or commercially exploit the service without authorization

Violation of these prohibitions may result in immediate account termination and potential legal action.

The Barnaby platform, including its design, features, content, and trademarks, is owned by ESPR Creative Lab Private Limited and protected by intellectual property laws. You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks, logos, or branding without authorization
• Reverse engineer or attempt to extract source code
• Create derivative works based on our platform

Content you upload (such as pet photos, health records) remains your property. By uploading content, you grant Barnaby a license to use, store, and display it as necessary to provide our services.

To the maximum extent permitted by law:

• Barnaby shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim shall not exceed the amount paid by you for the specific service in question
• We are not liable for actions, advice, or services provided by veterinarians or store partners
• We are not liable for any animal health outcomes resulting from use of our platform

These limitations apply regardless of the legal theory on which the claim is based.

You agree to indemnify and hold harmless Barnaby, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including attorney fees) arising from:

• Your use of the service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit to the platform

Informal Resolution: Before filing any formal complaint, you agree to contact us at hello@barnaby.in to attempt informal resolution. We will work in good faith to resolve your concerns.

Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in Bangalore, Karnataka, in accordance with the Arbitration and Conciliation Act, 1996.

Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

We reserve the right to modify these Terms at any time. We will notify users of significant changes by:

• Posting updated Terms on our website and app
• Sending email notifications to registered users
• Displaying in-app notifications

Continued use of the service after changes constitutes acceptance of the modified Terms. If you disagree with changes, you must stop using the service.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any disputes not subject to arbitration shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

If you have any questions about these Terms of Service, please contact us:

Email: hello@barnaby.in
Address: ESPR Creative Lab Private Limited,
India