TERMS OF USE
1. INTRODUCTION
1.1. This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.pureprayer.com (“Website”) and the mobile application ‘Pure Prayer’ (“App”). For the purposes of this Terms of Use, the term Website and App shall be collectively referred to as “Pure Prayer” or “Platform”.
1.3. The Platform is operated by Spiritual Products Private Limited, a private limited company incorporated under the Companies Act, 1956 and having its registered office at C-9, C-10, Yadavagiri Industrial Area, Yadavagiri, Mysore – 570020 (“SPPL” or “Company”).
1.4. These terms of usage (“Terms of Use”) govern Your use of the Platform and Services (as defined below) provided through the Platform. By using or visiting the Platform, or by using any Content (as defined below) or information provided as part of the Platform/Services, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
1.5. For the purpose of these Terms of Use, wherever the context so requires “you”, “your”, “user” or “Customer” shall mean any natural or legal person who uses the Platform for availing the Services. The term “we”, “us”, “our” shall mean SPPL.
2. GENERAL TERMS AND CONDITIONS
2.1. This Terms of Use together with the terms and conditions contained in the “Privacy Policy”, shall constitute an agreement between you and the Company (“User Agreement”) and govern your use of the Platform. By using this Platform, you agree to be bound by and comply with the terms and conditions of the User Agreement, specifically the terms and conditions contained herein. If you are not agreeable to any of the terms and conditions of the User Agreement, please do not use or view this Platform.
2.2. The Company reserves the right at any time modify the terms and conditions of the User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on the Platform. You are responsible to review the terms and conditions of the User Agreement on the Platform for any updates/changes. In the event the modified terms and conditions of the User Agreement are not acceptable to you, you should discontinue using the Service(s) and any other services offered on and/or through the Platform. However, if you continue to use the Service(s), you shall be deemed to have agreed to accept and abide by the modified terms and conditions of the User Agreement.
2.3. All Services and information displayed on this Platform constitute an “invitation to offer”. Your order for purchase of the Service(s) constitutes your “order” which shall be subject to the terms and conditions as listed below. The Company reserves the right to accept or reject your order. Our acceptance of your order shall take place upon us agreeing to undertake to perform the Services ordered by you on the Platform. No act or omission by the Company prior to our express acceptance of the Service(s) shall constitute acceptance of your order.
3. USER ELIGIBILITY
3.1. Use of the Platform is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, i.e. persons below the age of eighteen (18) years are not eligible to use this Platform. You may not access or use the Platform if we have previously banned you from the Platform or closed your account.
3.2. The Company reserves the right to terminate your account and refuse to continue providing you with access to the Platform including but not limited to the Services, if the Company discovers that you are under the age of eighteen (18) years or “incompetent to contract” within the meaning of the Indian Contract Act, 1872. The Platform is not available to persons whose accounts have been suspended or terminated by the Company for any reason whatsoever. Those who access the Platform from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. The Company shall render the Services purchased only within India (“Territory”) and shall not be liable to perform any Service(s) outside the Territory.
4. ACCOUNT AND REGISTRATION OBLIGATIONS
4.1. Registration as provided for on the Platform is a mandatory requirement for availing the Services. You will have to open an account by completing the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You shall also choose a password and a user name for your account (“Your Account”). You shall be responsible for maintaining the confidentiality of your username, account password and you shall be responsible for any and all activities that occur in connection with Your Account. Under no circumstances shall the Company be liable for any loss or damage arising from your failure to comply with this clause.
4.2. To register with the Platform, you will be redirected to a registration page wherein you will be required to provide your Information. You will also need to create a username and a password for Your Account. Upon registering, you will receive a confirmation email on your registered mail account (“Registration E-mail”). You are solely responsible for any use of the Service(s) with Your Account.
4.3. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under Your Account. You agree to: (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company shall not be liable for any loss or damage arising from your failure to comply with this requirement.
4.4. While creating your account, you shall not impersonate any third party to create or use an account for anyone other than yourself OR provide an email address other than your own OR create multiple accounts.
4.5. You shall not allow: (a) any other person to share Your Account; (b) any part of the Platform being cached in proxy servers and accessed by individuals who have not registered as users of the Platform; and (c) access to the Platform through a single account and password being made available to multiple users on a network.
4.6. “Your Information” is defined as any information you provide to us in the registration, purchasing and/or use of the Service(s), through any e-mail feature, blog, etc., and any information that is provided to us by you including but not limited to any personal information.
4.7. You also understand and agree:
To provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration form (such information being the “Registration Data”).
To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, the Company has the right to indefinitely suspend or terminate Your Account and refuse to provide you with access to the Platform and/or cease to render any of the Service(s) to you, without any further obligations under this User Agreement or any other terms and conditions whether provided on the Platform.
The Company has the right to discontinue the Platform wholly/partially without prior notice to you.
That you authorise the Company to use Your Information and comments (defined below), as may be required from time to time, in relation to fulfilling its continuing obligations.
That you consent to provide Your Information to the Company, in relation to fulfilling its continuing obligations.
That any of Your Information may be used by the Company in preparing reports, recommendations, conclusions, and/or documentations, and Your Information (without any identifiable information) may be shared along with other users’ information as part of an analysis, study, report, recommendation, conclusion, or as part of other results of the Service(s).
5. PAYMENTS
5.1. Payments made through Credit Card/ Debit Card/Net Banking:
5.1.1. Please note that payments made through credit cards/debit cards/net-banking are operated and processed by third-party payment gateway service providers engaged by the Company from time to time. You agree and acknowledge that the Company bears no responsibility for payments made through credit cards/debit cards/net-banking to avail the Service(s) through this Platform. You agree and acknowledge that the Company bears no responsibility for payment made by credit card /debit card /net banking to avail the Service(s) through the Platform. Further, you hereby agree to comply with any other additional terms and conditions that may be prescribed by the third-party payment gateway service providers for processing the online payments made by you on the Platform.
5.1.2. You agree, understand and confirm that the credit card/debit card/net-banking details provided by you for availing of the Service(s) through this Platform shall be correct and accurate and you shall not use the credit card/debit card/net banking account which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card/debit card/net banking account for the purposes of processing the transactions. Further, the said information will not be utilised and shared by the Company with any third parties unless required for fraud verifications or by law, regulation or court order. The Company shall not be liable for any credit card/debit card/net banking account fraud. The liability with regard to the usage of a credit card/debit card/net banking account fraudulently shall be solely on you and the onus to “prove otherwise” shall be exclusively on you.
5.1.3. You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service. You further agree that while availing any of the payment options as specified above, the Company will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) Decline of such transaction for any reason.
5.1.4. Please note that all payments become due and payable on placing the orders. The Company should be informed within 24 (Twenty Four) hours in case there is any reversal of payment required.
5.2. Payment Gateway Charges:
5.2.1. You agree, understand and confirm that in addition to the fees/consideration payable by you for availing the Services on the Platform (inclusive of applicable taxes), you will also be required to pay the applicable payment gateway service charges (if any) for each of the transactions that you make on the Platform.
5.3. Fraudulent / Declined Transactions:
5.3.1. The Company reserves the right to recover the cost of the Service(s), collection charges and attorney fees (in the event a claim is being made against the Company) from you if you are found using a credit card/debit card/net banking account or any means of payment, fraudulently. In such an event, the Company reserves the right to initiate legal proceedings against you for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these Terms of Use. You shall be liable to indemnify the Company against any costs, damages, claims or other demands in relation to violation of any of your obligations under the Terms of Use. Please note that all payments shall become due and payable on placing the orders.
5.4. Cash on Delivery:
5.4.1. In the event you choose the ‘cash on delivery’ option while placing your order on the Platform and such order has been accepted by the Company, you shall not alter the payment option, unless otherwise directed by the Company. The Company reserves the right to deprive the users of the cash on delivery payment option even upon the acceptance the order(s) on the Platform and the same shall be intimated by the Company to the users.
5.4.2. In the event you opt for cash on delivery, the purchased Service cannot be returned once accepted by the Company.
6. Pricing:
6.1. The Company has taken all due care to ensure accurate description of the Service(s) and pricing information on the Platform. However, there may be pricing or typographical errors. The Company does not and cannot confirm the price of the Service(s) until you place an order to avail such Service(s) through the Platform. In the event that a Service(s) is listed at an incorrect price or with incorrect information due to an error in pricing or Service(s) information, the Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Service(s). In the event that a Service(s) is incorrectly priced, the Company may, at its discretion, either contact you for instructions or cancel your order to avail such Service(s) and notify you of such cancellation. The Company shall have the right to modify the price of such Service(s) and contact you for further instructions using the e-mail address provided by you while registering yourself onto the Platform or cancel the order and notify you of such cancellation. The Company shall not be liable at any time for any such error or omission with regard to the pricing and/or description of the Services offered via the Platform.
6.2. Your order value for the Service(s) shall be debited to your credit card / debit card / net banking account and duly notified to you by e-mail that the payment has been processed. If the Company has to cancel the order after it has processed the payment, the said amount will be refunded to you. In the event due to any unforeseen circumstances, the Company has to withdraw the Service(s) after commencing the same, it shall refund the amounts in relation to such Service(s) on a pro-rata basis.
6.3. Prices and availability of the Service(s) are subject to change at the sole discretion of the Company, without providing any notice to the users.
7. SERVICES
7.1. The Company through this Platform, enables users to: (i) purchase a range of prayer products, including but not limited to puja packs / puja kits, loose and grouped puja samagri items and other such products; (ii) avail religious and spiritual services such as puja vidhanas, astrology services, devotional songs and shlokas, purohit booking with or without puja samagri etc.; (iii) book online tours to religious institutions and places of pilgrimage through the Platform; and (iv) book online ayurvedic rejuvenation tours as may be listed by the Company from time to time (collectively referred to as “Services”). The provision of the aforementioned Services through this Platform shall be governed by this Terms of Use document (as may be amended by the Company from time to time).
7.2. Access to and use of the Services will be internet based. You will be responsible for obtaining internet connectivity and paying all fees in connection with it. In addition, you must procure all equipment necessary to ensure access to the internet and to be able to use the Services and download and listen to and/or view the Content, including, but not limited to, compatible mobile handsets, tablets, personal computers, television, routers, and internet access services.
8. TERMS AND CONDITIONS WITH RESPECT TO PURCHASE OF PRODUCTS
8.1. The Platform enables the Users to purchase a range of puja products, including but not limited to puja packs / puja kits, loose and grouped puja samagri and other such products (“Products”).
8.2. Pricing and Payment:
8.2.1. Prices for Products displayed on our Platform are provided in Indian rupees. Please note that the prices for the Products may change at the sole discretion of the Company.
8.2.2. Customers can make online payments for their orders by using: (i) their debit card/credit card; or (ii) Net-banking or online payment; or (iii) Cash on delivery (only for selected locations at the sole discretion of the Company OR as per the feasibility of the third party logistic service provider engaged by the Company for delivery of the Products).
8.2.3. If you have selected the ‘cash on delivery’ payment option while placing your order on the Platform and such order has been accepted by the Company, you shall not alter the payment option, unless otherwise directed by the Company. The Company reserves the right to deprive the users of the cash on delivery payment option even upon the acceptance the order(s) on the Platform and the same shall be intimated by the Company to the users.
8.3. Delivery of Order:
8.3.1. Upon placing your order on the Platform, you will receive an e-mail containing a summary of your order and other details relevant to the acceptance of your order.
8.3.2. Sometimes, the delivery of Your order may take longer than the estimated timelines due to an occurrence of a Force Majeure Event (as defined below) or due to a delay by the logistic service provider engaged by the Company. In such an event, the Company shall intimate You about such delay in delivery of Your order via e-mail.
For the purpose of this Terms of Use, “Force Majeure Event” means, an act of God, war, civil disturbance, strike, lockout, act of terrorism, flood, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of the Company, which has the effect of wholly or partially suspending the obligations hereunder of the Company during the continuance and to the extent of such prevention, interruption or hindrance.
8.3.3. Products are typically dispatched within 48 (Forty Eight) hours of order confirmation; The estimated delivery time is 5 – 7 days starting from the day of shipping.
8.3.4. Company will avail services of third-party logistic service providers to deliver Your order. The Company will make a maximum of 2 (Two) attempts to deliver Your order. In the event the Customer is not reachable or does not accept delivery of Products in these attempts, the Company reserves the right to cancel the order(s) at its discretion.
8.4. Cancellation and Refund Policy:
8.4.1. In the event you intend to cancel your order, you shall communicate such request for cancellation and refund within 24 (Twenty Four) hours of confirming such order.
8.4.2. Upon receipt of such request, Company shall verify your order number and send a confirmation e-mail initiating the cancellation and refund.
8.4.3. In the event you make a request for cancelation of your order of the Products upon the same being already dispatched by us, the Company will be entitled to deduct upto 50% (Fifty Percent) of the amount paid by you for restocking and packaging fee and the balance amount will be refunded back to you within 7 working days from the date on which the request for cancellation and refund was approved by the Company. Refund shall be initiated by the Company only upon the receipt of Products that were ordered by you in its original condition. Any freight/courier charges for returning the Products shall be solely borne by you.
8.5. Return & Exchange Policy:
8.5.1. We permit returns and exchange of Products requested by you if such request is made within 14 business days of receiving the package (“Return or Exchange Period”). The return and exchange policy shall be applicable only for the following reasons. No other requests for return or exchange shall be entertained aside from those mentioned below:
(a) Substantial damage/defect found in the Product; or
(b) A wrong Product is delivered to the Customer.
8.5.2. You shall communicate your request for return or exchange via e-mail to support@pureprayer.com. Along with your request, you shall provide: (a) a short description of the issue that you have identified with the Product; and (b) attach a snapshot of the Product delivered to you (only if the Product delivered is a wrong Product or damaged Product). In the event you fail to make a request within the Return or Exchange Period, the Product shall be considered sold and no further requests will be entertained.
8.5.3. Once the request is sent from your end, please wait for an e-mail confirmation from our end initiating the return or exchange.
8.5.4. Upon receipt of our e-mail, you may dispatch the package to us at: 142,2nd floor, KMK Towers, Next to Petrol Bunk, K H Road, Shanthi Nagar, Bengaluru, Karnataka, 560027, India. You will also inform us via e-mail that the Product has been dispatched from your end along with your order number, courier tracking details and a copy of the invoice. Once we receive the Product(s), we will take 15 business days for us to do a quality check of the Product and contact you via e-mail or telephone regarding the exchange or return.
8.5.5. All requests for return or exchange shall be processed by the Company within 15 business days after satisfactory completion of the quality check of the Product.
8.5.6. While returning the Product, please ensure that the Product is returned in its original packaging along with the copy of the corresponding invoice.
8.5.7. All expenses associated with dispatching the Product back to the Company for the purposes of exchange/return shall be solely borne by you and the same shall not be refunded by the Company. Further, you hereby agree that any loss or damage caused to the Products during transit shall be your responsibility and the Company shall not be liable for any claims relating to the same.
8.6. Exclusion of Liability:
8.6.1. The Company does not advocate or recommend using the Products made available on the Platform in a manner that will cause harm to yourself or others. We wish to impress upon you to use extreme caution and care while using the Products. You acknowledge and undertake that the usage of the Products by you is at your own risk and under no circumstances shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages to property or life, whatsoever arising out of or connected with the use or misuse of the Products by you.
9. TERMS AND CONDITIONS WITH RESPECT TO SERVICES OFFERED BY PRIESTS AND ASTROLOGERS
9.1. As mentioned in Clause 7.1 above, the Platform enables the User to learn how to conduct prayers/pujas at their homes and shall also provide the Users with religious and spiritual services such as Puja vidhanas, booking purohits/priests (with or without puja samagri items) for the purposes of conducting pujas (“Puja Services”) and avail astrology services (“Astrology Services”) (“collectively referred to as “Devotional Services”),from various vendors such as astrologers and priests (as the case may be) on-boarded by the Company on its Platform (“Third Party Vendors”).
9.2. Payment Terms and Conditions:
9.2.1. Before availing any such Devotional Services, we will apprise the User of the applicable charges for the said Devotional Service(s). In addition to these Terms, the User shall also be bound by the terms (if any) mentioned for specific Devotional Service(s).
9.2.2. Please note that the charges paid by a User, are not refundable. However, in the event a User, is not satisfied with the Devotional Service(s), then such User may send a mail to support@pureprayer.com. We will review the feedback provided the Customers, on a case to case basis, and may refund part of the charges paid, if we deem fit. Our decision on any such matters shall be final and binding.
9.2.3. Users can make online payments for the Devotional Services availed by them through: (i) their debit card/credit card; or (ii) Net-banking or online payment or (iii) Cash on Delivery (which may be applicable only for select “Devotional Services” at the sole direction of the Company).
9.2.4. While availing any of the payment method(s) available on the Platform, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason. You understand, accept and agree that the payment facility provided by Us, is neither a banking nor a financial service.
9.2.5. We reserve the right to change the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.
9.3. Specific Terms with respect to Puja Services:
9.3.1. The terms specified under this clause are solely with respect to the Puja Services that are to be rendered by the purohits/priests based on the request/booking made by the User on the Platform. This shall include:
(a) The User will be given the option to book the services of the purohits/priests with or without puja samagri items.
(b) In the event the User chooses to book the services of the purohits/priests without puja samagri items, the Company shall inform the User of the necessary puja samagri items that the User will have to procure/purchase for the specific ritual. Such intimation shall be communicated by the Company to the registered e-mail ID of the User.
(c) The Company shall also intimate the Customer of any ‘daanas or dakshina’ (via e-mail) that may be offered to the purohits/priests upon completion of rendering their services. This may include the Customer offering the purohits/priests with the puja samagri items used for the rituals (irrespective of the User opting for purohits/priests with or without puja samagri items) or such other daanas or dakshina as may be intimated by the Company. However, offering of such daanas or dakshina shall be at the sole discretion of the Customer.
(d) Any food offering or Naivedhya that is specifically required for the ritual shall be prepared by the Customer. The purohits/priest shall only be responsible for bringing karpuram, vibuthi and such other puja related items that may be consumed during the course of provision of services (at the option of the Customer) and the same shall not include any edible or potable items such as prasadam, teertha, Naivedhya etc. The Company may provide the Customer with the recipe of the food offering or Naivedhya that may be required to be prepared for the specific ritual.
(e) In the event the Customer is unable to avail the Puja Services due to a Force Majeure Event, the Company shall, at the option of the Customer shall either: (a) refund the service charge for the Puja Service availed by the Customer; or (b) defer provision of the Puja Service by the purohit/priest to the earliest date from the date on which the Force Majeure Event has ceased to exist.
(f) Upon completion of the Puja Services by the purohit/priest, the Customer shall be required to sign the acknowledgement slip shared by the purohit/priests, confirming the delivery and completion of the said Puja Services availed by the Customer.
(g) In the event the Customer opts for a ‘cash on arrival’ mode of payment, the Customer shall make the necessary payment to the purohit/priest upon the completion of their services and shall provide their signature to the payment acknowledgement slip shared by the purohits/priests.
9.4. Specific terms with regard to Astrology Services:
(a) The Company through the Platform provides Astrology Services to the Customers. Such Astrology Services include: (i) daily, weekly and monthly horoscope reading; and (ii) customized horoscope reading based on the Customer’s requirements.
(b) You hereby agree and acknowledge that the content made available or provided to you as part of the Astrological Services shall be the sole and exclusive property of the Company.
(c) The Company grants you a limited right to download or use the content made available to you as part of Astrological Services for your personal and non-commercial use only. Any copies of such content saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use only.
(d) You hereby agree and acknowledge that the astrologers empanelled by the Company may from time to time make recommendations of using mantras, yantras or any other astrological remedies to be used by You (based on the request made by You while availing Astrology Services), and such recommendations are made in good faith by the astrologers and the Company and its subsidiaries, affiliates, officers, employees, agents and partners shall make no warranty that: (i) the Astrology Service(s) will meet your requirements; and (ii) the results that may be obtained from the use of the Astrology Service will be accurate or reliable.
(e) You further agree and acknowledge that the Astrological Services offered through the Platform is based on cumulative or individual knowledge, experience and interpretations of astrologers and such astrological counselling may vary from one astrologer to another. Any data, interpretation, prediction or information in any form received by You as part of the Astrological Services should not be treated as a substitute for advice or treatment that You would normally receive from, including but not limited to medical professionals, financial advisors, legal consultants and such other licensed services. The Company and its subsidiaries, affiliates, officers, employees and consultants shall not be liable for damages of any type, including but not limited to direct, incidental or consequential damages including damages for interruption of business, loss of revenue and loss of materials arising out of the advice provided by the astrologers.
9.5. Exceptions and limitations with respect to Devotional Services:
9.5.1. While SPPL carries out background checks and verifications on all Third-Party Vendors, you understand and acknowledge that SPPL does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Third-Party Vendors, or any services provided by such Third-Party Vendor. Nothing contained in these Terms of Use and the Platform shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to: (a) any Third-Party Vendor; (b) the Platform; or (c) any Devotional Services made available via the Platform; or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available as part of Devotional Services via the Platform.
9.5.2. You understand and agree that although a Third-Party Vendor may be a qualified priest or an astrologer, the Company cannot predict or assess the competence of such Third-Party Vendor. The Company disclaims any and all liability for any Devotional Services rendered by a Third-Party Vendor to You through the Platform.
9.5.3. You hereby agree and acknowledge that the provision of Devotional Services as specified above may not be suitable or customized for a specific caste, creed or sect of the Hindu religion. Subject to Clause 9.5.1 and Clause 9.5.2 above, such Devotional Services shall be provided solely based on the request made the Customer and the same shall be rendered in accordance with the practice followed by the respective Third-Party Vendor.
10. TERMS AND CONDITIONS WITH RESPECT TO SERVICES RENDERED BY RELIGIOUS INSTITUTIONS
10.1. The data available on the Platform about the religious institutions (“Religious Institutions”) is as provided by them. The type of ‘sevas’ or other ‘prayers’ or the timings stated on the Platform are as conducted by the Religious Institution. The Company is not responsible in any manner whatsoever for any such representations.
10.2. The engagement between the Company and the Religious Institutions is on a principal to principal basis, and that there is no partnership, employee and/or agency relationship between the Religious Institutions and the Company. The Company is only providing a platform to the Religious Institutions to render its services.
10.3. It is understood and accepted that the Religious Institutions are service providers/ suppliers of goods on their own right and that any contract to render service or supply goods is between the Religious Institutions and you. The Company is not liable in any manner for any actions or omissions on part of the Religious Institutions.
10.4. The Company is only facilitating dissemination of information provided by the Religious Institutions. The Company shall not be responsible/liable for any consequences and/or delay caused by the Religious Institutions.
10.5. The Company shall in no event be liable (including third party claims) for any actions or omissions that may be attributable to the Religious Institution.
10.6. The Company will not be responsible of any cancellation or rescheduling of the sevas or rituals by the Religious Institutions. In the event you want to cancel any sevas, you shall contact the concerned Religious Institutions directly the Company shall not be responsible for any cancelled orders. Request for postponement of any sevas or other orders shall be not be the responsibility of the Company and shall depend on the availability as may be confirmed directly with the Religious Institutions. The Company shall not be responsible or held liable for any such non-availability.
11. TERMS AND CONDITIONS WITH RESPECT TO SUBSCRIPTION OF SHLOKAS AND DEVEOTIONAL SONGS
11.1. SPPL enables the users to sample, listen and download devotional songs and shlokas (“Devotional Content”) through the Platform.
11.2. The Devotional Content may be offered to you either on a subscription basis and/or as payment per download, subject to the limitations provided in this clause.
11.3. Notwithstanding anything else in this Terms of Use, the method in which SPPL provides the Devotional Content shall be subject to change at all times in SPPL’s sole discretion.
11.4. Subject to your payment in full/subscription for accessing the Devotional Content and/or for the use of the Devotional Content, we grant you a non-exclusive, non-transferable, restricted, revocable and limited right to use the Devotional Content only for your personal use, for non-commercial purposes, and always subject to the terms of this Terms of Use.
11.5. You must comply with all applicable copyright and other laws in connection with your access to and use of the Devotional Content. You shall not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or otherwise transfer or use the Devotional Content, unless otherwise allowed under this Terms of Use. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction, rental or distribution rights in the Devotional Content made available on the Platform.
11.6. Purchased Content: You may be allowed to purchase Devotional Content through the Platform. Upon successful receipt of the payments related to such purchase by SPPL, You shall have the right to retain a copy of such Devotional Content for your use as the owner of that copy of the Devotional Content, subject to the underlying rights (including copyrights and other intellectual property rights of the authors, composers, performers, artists, publishers and record labels). Your use of such downloaded Devotional Content may be restricted as per existing laws and rights of such third parties. You will be entirely responsible for your use of any purchased Devotional Content.
11.7. Subscribed Content: Any Devotional Content that is provided to you on a subscription basis is for your personal use only and only for the duration of the subscription if all related payments have been paid (if necessary). Your rights to use and access the subscribed Devotional Content will end automatically upon expiry of the subscription period. SPPL reserves the right to restrict your access and use of the subscribed Devotional Content before the expiry of the subscription period if you are in default of this Terms of Use.
11.8. You shall not violate the copyright and any other intellectual property rights in the Devotional Content made available on the Platform by any means and for any purpose. You acknowledge that SPPL derives its rights to use the Devotional Content and other materials offered on the Platform from artists, record labels, publishers and other third parties, which rights may be available to SPPL for fixed periods of time and/or for limited methods of distribution. You further acknowledge that the above mentioned third parties retain ownership and all rights in such Devotional Content and you shall not infringe the rights of any such third parties in any manner, including without limitation, reverse engineering, decompiling, disassembling or otherwise tampering with such Devotional Content.
11.9. You shall not create any derivative works of any nature of the Devotional Content without the prior written consent of the relevant third party and/or SPPL (as applicable), even if such derivative works are not meant for commercial use.
11.10. YOU EXPRESSLY AGREE THAT USE OF/DOWNLOAD AND ACCESS TO THE DEVOTIONAL CONTENT IS AT YOUR SOLE RISK. THE DEVOTIONAL CONTENT IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY DEVOTIONAL CONTENT OR SUCH OTHER MATERIAL ASSOCIATED WITH SUCH DEVOTIONAL CONTENT DISPLAYED ON OR OFFERED THROUGH THE PLATORM ARE ACCURATE, COMPLETE, APPROPRIATE OR RELIABLE. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE DEVOTIONAL CONTENT MADE AVAIABLE ON THE PLATORM WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE DEVOTIONAL CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.
12. TERMS AND CONDITIONS WITH RESPECT TO YATRA SERVICES
12.1. Yatra Services: The yatra services offered by the Company through this Platform includes any packaged or customized travel services to pilgrimage locations, temples and/or leisure locations including transportation, lodging, guide and other services (“Yatra Services”). The same may be subject to modification/revision at the sole discretion of the Company.
You may avail the Yatra Services through the Platform or through a registered travel agent. SPPL will not be responsible for any consequences or circumstances arising from the Yatra Services which are not directly attributable to SPPL, including but not limited to travel disruption, loss or damage of luggage, cancellation of the services offered by the Religious Institutions etc.
In the event that you are booking any Yatra package which includes helicopter services the same would be subject to the weather conditions / permissions of local authorities and availability at the time of booking. You hereby agree and acknowledge that You shall not hold the Company responsible / liable for any such event which is beyond the control of the Company. If the helicopter service remains unutilized for any reasons whatsoever, including the above reasons then any refunds to You shall be at the sole discretion of the Company.
12.2. Bookings: Once you confirm and book the Yatra Services of your choice, SPPL will send an e-mail confirming the same along with all the details you have shared at the time of making your booking. We strongly recommend that you check the information provided in the e-mail and request for any modifications if required within 2 days from the receipt of e-mail, post which your confirmation shall be deemed to be accepted.
12.3. Insurance: By availing the Yatra Services, you hereby voluntarily assume all risks involved in such travel, whether expected or unexpected. You acknowledge that you are aware of such risks and are hereby advised to obtain appropriate insurance coverage for loss of property, luggage, medical emergencies and such other risks that may be associated with your Yatra journey. It will be your responsibility to ensure that you are adequately insured. SPPL will not provide any insurance coverage as part of the Yatra Services availed by you.
12.4. General Terms and Conditions with regard to Yatra Services:
12.4.1. You shall be responsible for all your belongings that you may carry for the Yatra;
12.4.2. You shall not behave in a manner which may cause distress or annoyance to other tour participants or to any other person or which may create the risk of danger or damage to property belonging to us or other tour participants, service providers or any other persons. If You misbehave or disturb the decorum of the tour, We may have to terminate Your tour. In such an event, no refund or compensation will be paid to You and You will have to bear and pay the expenses for Your return travel at Your risk and consequences.
12.4.3. it is not Our obligation to check Your medical condition, and if you suffer any injury or aggravation on the Yatra tour or if You are unable to enjoy / complete the whole or any part of the tour due to Your medical conditions, We shall not be responsible / liable to compensate You nor to refund any amount to You nor to pay Your medical expenses (for any injuries sustained during the yatra tour). If any adventure sports are included in the tour package, You shall avail of the same at Your own risk having regard to Your medical condition. We shall not be liable for any death, injury or other loss due to Your participation in such adventure sports.
12.4.4. Company shall not be responsible for any contingencies due to delay of flights, buses or any transportation services. Further, the Company shall not be responsible for any emergencies (accidents) during the travel. However, to the extent possible, the Company shall on a best effort basis assist the Customers during such instances.
12.5. Customers requiring Special Assistance: You must report any special attention you may require during the yatra at the time of booking the yatra. SPPL will make all reasonable efforts to accommodate your special needs, but is not responsible in the event it is unable to do so, nor is it responsible for any denial of services by any Third Party Service Provider(s) empaneled by SPPL to render the Yatra Services. For the purpose of this terms and conditions, a “Third Party Service Provider” shall mean such independent service providers empaneled or engaged by SPPL for example: religious institutions, hospitality partners, tour operators, local tour guides, any pundits, taxi companies etc., to deliver the complete Yatra Services as specified in the Platform. SPPL shall not provide individual assistance to a customer for walking, dining, getting on and off vehicles, or other personal needs. A qualified and physically abled companion must accompany such customers who need such assistance and must assume full responsibility for their well-being. The customer will also need to bear the full cost and expense of such companion.
12.6. Terms and Conditions of Third-Party Service Providers: You shall at all times adhere to the terms and conditions stipulated by Third Party Service Provider(s) while participating in the yatra. You acknowledge that the Company shall in no event be responsible for any consequences due to the actions of the Third Party Service Providers.
The data made available by the Company about the services offered by the Third Party Service Providers is as provided by them. The Company is not liable in any manner whatsoever for any such representations. The Company is an independent contractor, and that there is no partnership, employee and/or agency relationship between the Third Party Service Providers and the Company. The Company is only providing a platform to the Third Party Service Providers to provide its services.
It is understood and accepted that the Third Party Service Providers are service providers/ suppliers of goods on their own right and that any contract to render service or supply goods is between the Third Party Service Providers and you. The Company is not liable in any manner for any failure on part of the Third Party Service Providers. The Company is only facilitating dissemination of information provided by the Third Party Service Providers.
The Company will not be responsible of any cancellation or rescheduling by the Third Party Service Providers. In the event you want to cancel any of the services offered by such Third Party Service Providers for the yatras, you will need to contact such Third Party Service Providers directly. Request for postponement of any sevas or other orders shall be not be the responsibility of the Company and shall depend on the availability as may be confirmed directly with the Religious Institutions. The Company shall not be responsible or held liable for any such non-availability.
12.7. Force Majeure Events: Please be aware that during your participation in the yatra, certain risks and dangers may arise beyond that are beyond our control, including but not limited to change in the weather; vehicle failure; political unrest; acts of terrorism; and accident or illness in regions without adequate medical facilities. SPPL and its affiliates will not have any liability in such cases but shall, however, use its best efforts to ensure that adequate measures are taken.
In the event the duration of the yatra is reduced due to any such evert, SPPL, at its sole discretion, may reimburse any money to you on a pro-rata basis. The amount to be reimbursed shall be determined by the Company at its sole discretion.
12.8. Photographs & Videos: The photographs and videos appearing on the Platform are only an indication of the Yatra Services offered by the Company. However, the actual yatra may vary on the basis of several factors that may not be in the direct control of the Company. Any pictures or videos taken by the Company during your yatra are owned and copyrighted by the Company. You hereby grant the Company a non-transferable, royalty free license to use your pictures and/or videos for publicity/advertisement purposes. The quality and number of pictures taken will vary depending on various factors including, environmental conditions, lighting, number of participants etc. The Company does not guarantee a photo album, or picture CD, for such event in which you participated.
12.9. Prohibited Activities: During the entire yatra, you shall strictly abide by the following rules:
12.9.1. You will not consume any non-vegetarian food items;
12.9.2. You will not consume any alcoholic beverages;
12.9.3. You will not take part in any gambling activity; and
12.9.4. You will not conduct yourself in a manner which may hurt the religious sentiments of any other third party (for e.g. wearing inappropriate clothing, make any blasphemous statements etc.).
12.10. Payment Terms and Conditions: You shall make the complete payment to SPPL at the time of booking the Yatra Services. Please do note the fares for the Yatra Services at the time of booking is not final and is subject to change depending on any revisions made by any Third Party Service Providers. In such an event, you will be required to pay any additional amount/charges to SPPL within 2 business days of being made aware of such revision in the fees. The details of the Company’s bank account to which the amount will have to be transferred shall be indicated in the e-mail shared by the Company.
You shall be required to make all payments in advance for availing the Yatra Services offered by SPPL. You will not be allowed to make any part payment/payment in installments.
12.11. Cancellation and Refund Policy: If due to any circumstances or personal reasons you have to cancel your yatra, you must notify SPPL of the same in writing to support@pureprayer.com. Cancellation charges will be effective from the date SPPL receives such request in writing from the customer. The cancellation charges** shall be as follows:
**All charges are Subject to specific yatra or packaged services at the time of booking.
The Company shall pro-rata refund the amount paid by you for availing the Yatra Services, provided that you send your cancellation request to the Company within a period of 15 (Fourteen) days prior to the commencement of your Yatra journey.
Refund of amounts paid to the transport service providers shall be refunded as per the refund policy maintained by such third-party transport service providers.
If the Yatra tour or any part thereof cannot be conducted due to Force Majeure event, the Company shall not be responsible / liable to make any refund to You. However, at its sole discretion, the Company may make the refund based on various factors like the number of participants, the cancellation policies of suppliers like hoteliers, transport operators, etc. The decision of the Company on the quantum of refund shall be final and binding.
12.12. Specific Disclaimer with regard to Yatra Services: SPPL hereby disclaims the following to you:
12.12.1. SPPL shall act only in the capacity of an agent for all Third Party Service Providers and tickets issued by SPPL on behalf of such Third Party Service Providers are subject to the terms and conditions of such Third Party Service Provider(s).
12.12.2. SPPL shall not be liable, either directly or indirectly, for any loss you face, either directly, or indirectly, due to the actions of any Third Party Service Providers. In such cases, your sole and exclusive legal remedy is to take appropriate legal action against such Third party Service Provider.
12.12.3. All itineraries are sample itineraries, intended to give you an idea of the yatra. Numerous factors such as weather, road conditions, logistics etc., and such other factors which are not in control of the Company may dictate changes to the itineraries either before or during the yatra. SPPL reserves the right to change any schedule in the itinerary in the interest of your safety, comfort and general well-being.
13. TERMS AND CONDITIONS WITH REGARD TO AYURVEDA SERVICES
13.1. Ayurvedic Services: In addition to the Yatra Services availed by you on the Platform, you may opt for the Ayurvedic Services which are offered as part of the entire Yatra package OR opt to avail the Ayurvedic Services independently (without it being a part of any yatra package). However, please note that the Ayurvedic Services may be subject to modification/revision at the sole discretion of the Company.
13.2. Once you select the Ayurvedic Service(s) (of your choice) as part of your entire Yatra package and complete your booking, the Company shall send you an e-mail confirming the booking of the Yatra tour and the Ayurvedic Service(s), along with the details that you would have shared at the time of making your booking. We strongly recommend that you check the information provided in the e-mail and request for any modifications if required within 3 days from the receipt of e-mail, post which your confirmation shall be deemed to be accepted.
13.3. You may either avail the Ayurvedic Services upon the completion of your Yatra tour or during the course of your Yatra tour as may be intimated by the Company upon completion of your booking. If you have made a booking for the Ayurvedic Services independently (without it being a part of any yatra package), you may avail the same on the dates for which you would have made the booking.
13.4. Ayurvedic Services availed after the Yatra tour: Within 3 days prior to the completion of your Yatra tour, the Company shall intimate you about the various ayurvedic camps/rejuvenation centres (“Ayurvedic Centres”) (partnered with SPPL) via email and telephone. Such Ayurvedic Centres shall be located in the same district where you would have chosen to perform your Yatra. You may choose the Ayurvedic Centre among the options made available by the Company and avail the Ayurvedic Services.
13.5. Information sought for providing Ayurvedic Services: Once you arrive at the Ayurvedic Centre, a medical professional will conduct an examination and will accordingly recommend certain ayurvedic treatment on the basis of: (i) the information shared by you with the medical professional regarding your health; (ii) any ailments that may be detected by the medical professional; and (iii) any specific request made by you to the medical professional in relation to the Ayurvedic Services availed by you. The Company shall arrange for your transportation from the place of your Yatra to the Ayurvedic Centre.
You will be required to: (i) share the necessary information with regard to your health and any ailments that you may have with the Ayurvedic Centers; and (ii) sign the consent forms and any other documents that may be shared by the Ayurvedic Centers at the time of joining. You agree and acknowledge that the Ayurvedic Services will be provided to you on the basis of the information you share with the Ayurvedic Centre. You shall therefore be solely responsible for the accuracy of the information you share with centers. Under no circumstances shall SPPL be liable for any loss or damage that you may incur due to the inaccuracy or inadequacy of the information you share with the Ayurvedic Centre.
Ayurvedic Services will be provided to only those Customers who are above the age of 18 (Eighteen) years.
13.6. Compliance with the terms stipulated at the Ayurvedic Centres: You shall at all times adhere to the terms and conditions stipulated by the Ayurvedic Centre’s while availing the Ayurvedic Services. You acknowledge that the Company shall in no event be responsible for any consequences due to the actions of the Ayurvedic Centres, and the Company will not responsible or liable in any manner for any loss or damage that you may incur due to the actions or omissions of the Ayurvedic Centres.
You shall at all times during your stay at the Ayurvedic Centre strictly adhere to the guidelines and instructions prescribed by the Ayurvedic Centre from time to time. You shall refrain from indulging in any activity that is prohibited by the Ayurvedic Centre. In the event any claim is made against the Company either by the Ayurvedic Centre or by any other third party due to your actions or omissions, you shall be liable to indemnify the Company against any such claims, loss or damages that may be suffered by the Company.
13.7. Cancellation & Refund Policy with respect to Ayurvedic Services: The Company shall not be responsible for any cancellation or rescheduling of the Ayurvedic Services by the Ayurvedic Centres. If you wish to cancel the Ayurvedic Services booked by you, you will be required to intimate the Company at least 5 (Five) days prior to the date of joining the Ayurvedic Centres (“Cancellation Period”). Upon receipt of your cancellation request, the Company shall inform the concerned Ayurvedic Centre about your cancellation, and pro-rata refund the money paid by you for availing the Ayurvedic Services at the time of making your booking. In the event you cancel the Ayurvedic Services any time after the Cancellation Period or upon the commencement of the same, you shall not be entitled to any refund from the Company.
However, in the event you are not happy or satisfied with the services being rendered by the Ayurvedic Centre, the Company shall, on a best effort basis, will relocate you to another Ayurvedic Centre within the same district at the earliest instance (subject to availability in the other centres).
13.8. Force Majeure events: Please be aware that while receiving Ayurvedic Services, certain risks and dangers may arise that are beyond our control, including but not limited to political unrest; acts of terrorism; and accident or illness in regions without adequate medical facilities. SPPL and its affiliates will not have any liability in such cases but shall, however, use its best efforts to ensure that adequate measures are taken.
In the event the duration of the ayurvedic course subscribed by you is reduced due to any such event, SPPL may, at its sole discretion, refund the money (or part thereof) paid by you to avail the Ayurvedic Services on a pro-rata basis. The amount to be reimbursed shall be determined by the Company at its sole discretion.
13.9. Specific Disclaimer with regard to Ayurvedic Services: IF YOU CHOOSE TO USE THE AYURVEDIC SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY OF THE AYURVEDIC SERVICES, INCLUDING, BUT NOT LIMITED TO TOUR OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE AYURVEDIC SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR AVAILING THE AYURVEDIC SERVICES. THE COMPANY MAKES NO WARRANTY THAT THE AYURVEDIC SERVICES WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH MEMBERS OF THE AYURVEDIC CENTRES.
14. ELECTRONIC COMMUNICATIONS
14.1. When you visit the Platform or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Platform (as the case may be). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update your e-mail address, phone number and other contact details regularly (as and when required). If the Company is desirous of sending a communication by e-mail, it shall send it to your e-mail address available on its records and it shall be deemed to have been received by you once it is reflected as sent in the outbox of the Company’s relevant e-mail ID.
14.2. You agree and confirm:
14.2.1. That in the event that you are unable to receive the Service(s) on account of an inaccuracy or mistake by you (i.e., including but not limited to you providing us with a wrong name, number or email address, delivery address or any other wrong information) and any inconvenience or delay that ensues are a result of such mistake, the Company shall not be liable for any losses incurred by you as a result of such inaccuracy or mistake.
14.2.2. That you shall use the Service(s) rendered by the Company, its affiliates, consultants, and third-party service providers/vendors for lawful purposes only and comply with: (i) this Terms of Use document; (ii) any laws and regulations that may be applicable for availing the Services.
14.2.3. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation, your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar you from using the Platform without prior intimation whatsoever.
14.2.4. That you are accessing the Platform and using the Service(s) at your sole risk and are using your best and prudent judgment before using any Service(s) or entering into any transaction through the Platform.
14.2.5. That before using any Service, you will check the Service description carefully. By using a Service, you agree to be bound by the conditions of such Service that may be included in the Service’s description (including any terms and conditions that may be prescribed by Third-Party Service Providers).
14.2.6. The Company reserves the right to refuse delivery of Services if the place of delivery is not within the service area of the third party being used for delivering the Services.
14.2.7. The Company reserves the right to refuse provision of Services without assigning any reason whatsoever.
14.3. You shall not use the Platform for any of the following purposes:
14.3.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
14.3.2. Transmitting material that encourages conduct that constitutes a criminal offence; results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
14.3.3. upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan or other code with disruptive and/or destructive features;
14.3.4. Gaining unauthorised access to other computer systems;
14.3.5. Interfering with any other person’s use or enjoyment of the Platform;
14.3.6. disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users’ ability to use the Platform or the Services;
14.3.7. Violating any Applicable Laws. For the purposes of this Terms of Use, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter;
14.3.8. Interfering or disrupting networks connected to the Platform;
14.3.9. Reproducing or distributing Content made available on the Platform, accessing Content for unlawful use and/or selling the acquired Content made available on the Platform. For the purposes of this Terms of Use document, “Content” shall include any content acquired from the Platform, whether directly or through a link including intellectual property, whether protected under copyright, trademark or not, available and accessible on the Platform;
14.3.10. Making, transmitting or storing electronic copies of materials protected by copyright without the written permission of the Company;
14.3.11. Accessing or trying to access any account other than your account;
14.3.12. claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
14.3.13. You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Services, or obtain any services or information not intentionally made available to you by the Company on or through the Platform;
14.3.14. You shall not attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user’s or entity’s use of the Platform.
15. INTELLECTUAL PROPERTY RIGHTS
15.1. Unless otherwise expressly stated, copyright, database right and all other proprietary rights, title and interest in all material presented on the Platform, including but not limited to the Content, graphical images, text, video clips, reprographics, sounds, demos, patches, graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company (“IP”) is owned by or licensed to the Company and/or its affiliates and is protected or covered under applicable intellectual property laws that are currently in force.
15.2. You shall not display, print or download extracts from the Platform, whether for your personal or non-personal use, and you shall not commercialise any IP belonging to the Company in any which way.
15.3. You shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the Platform.
15.4. Without obtaining our prior written permission, no part of the Platform shall be reproduced or transmitted to or stored in any other website or mobile application, nor shall any of its pages or part thereof be disseminated in any electronic or non-electronic form.
15.5. Nothing on the Platform or your use of the Service(s) shall be construed as conferring on you or any party, any licence or other rights under the intellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise.
15.6. The Company bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Service(s) and/or their content.
15.7. References on the Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service. The Company is not responsible for the content of any third-party websites or mobile application and does not make any representations regarding the content or accuracy of material on such websites or mobile application. If you decide to link to any such third-party websites or mobile application, you do so entirely at your own risk.
15.8. As between you and SPPL, you own the information you provide to SPPL, and you may request its deletion at any time. Any information you submit to us is at your own risk. By providing information to us, you represent and warrant that you are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights).
16. CHANNEL SUBSCRIPTION
16.1. As a condition of your use of the Platform, the Platform will require your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our Services and promotional offers. You can opt out of our promotional emails sent through third party distribution lists anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to you. The offers made in those promotional emails or SMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change.
17. LIMITATION AND DISCLAIMER OF WARRANTY
17.1. Except as specifically set forth for each of the Services made available on the Platform, the Platform, the Services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, we disclaim all warranties, express or implied, with respect to the Platform, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
17.2. SPPL does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Platform or the Services offered through the Platform.
17.3. To the fullest extent permitted under Applicable Law, the Company, its directors, officers and employees shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Services offered through the Platform. Without prejudice to the generality of the foregoing, the total liability of the Company to you for all liabilities arising out of you availing the Services (wherein such loss or damages are solely attributable to the Company) be it in tort or contract/ breach of contract is limited to the value of the Services purchased by you.
17.4. Under no circumstances, shall the Company be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third-party service providers empanelled by the Company for the purposes of rendering the Services made available on the Platform.
17.5. If you are dissatisfied or harmed by this Platform or anything related the Platform, you may terminate these Terms of Use in accordance with Clause 21 below.
17.6. The Company does not guarantee that the Platform will function without interruption or errors in functioning. In particular, the operation of the Platform may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Platform due to the aforementioned reasons, the Company shall inform the user of the same. SPPL disclaims any and all liability that may arise with respect to the delay in provision of Services due to the aforementioned reasons
18. GOVERNING LAW AND JURISDICTION
18.1. The User Agreement shall be construed in accordance with the Applicable Laws of India. Subject to the below mentioned provisions on arbitration, the courts in Mysore shall have exclusive jurisdiction to determine any dispute arising under the User Agreement
18.2. The parties to the User Agreement i.e., the Customer and SPPL shall intend to discharge their obligations in utmost good faith. The Customer and SPPL shall, at all times, act in good faith, and make all attempts to resolve any differences whatsoever arising out of or in connection with the User Agreement by discussion failing which, the dispute shall be referred to arbitration.
18.3. Such arbitration shall be in accordance with the rules framed under the provisions of the Arbitration and Conciliation Act, 1996 (which rules are deemed to be incorporated in this Agreement by reference herein) and shall be held in Mysore. All proceedings of such arbitration shall be in the English language.
18.4. The Tribunal shall consist of a sole arbitrator agreed to by both the Customer and SPPL. In the event the Parties are unable to agree on who the sole arbitrator will be, the dispute shall be finally settled by a sole arbitrator, appointed pursuant to Section 11 of the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English.
18.5. The arbitral awards rendered shall be final and binding and shall not be subject to any form of appeal.
18.6. Each Party shall bear their own costs and expenses, incurred in connection with the arbitration proceedings.
18.7. Nothing herein shall preclude either the Customer or SPPL from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the parties to pursue any remedy for monetary damages through the arbitration described in this Clause 18.
19. REVIEWS, FEEDBACK, SUBMISSIONS
19.1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through the Platform or otherwise disclosed, submitted or offered in connection with your use of the Platform or use of the Service(s) (collectively, the “Comments”) shall be and remain the Company’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Company is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; and/or (3) to respond to any Comments. You agree that any Comments submitted by you on the Platform shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including the Company. You further agree that no Comments submitted by you on the Platform shall be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. The Company may not regularly review your Comments. However, it reserves the right (but not the obligation) to monitor and edit or remove any Comments. You grant the Company the right to use the name that you submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make on the Platform, and you agree to indemnify the Company, its affiliates, service providers and third parties, for all claims resulting from any Comments you submit. The Company and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
20. INDEMNITY
20.1. By accessing the Platform, you agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the User Agreement or arising out of your violation of any Applicable Laws, regulations including but not limited to infringement of any intellectual property rights of the Company and/or any third party (including third party service providers), payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation, loss of service by other users of the Platform and infringement of intellectual property or other rights or in relation to any claims arising due to providing your information.
20.2. The indemnification obligation stipulated in this Clause 20 shall survive the expiry or termination of the User Agreement.
21. TERMINATION
21.1. The Company may, at its sole discretion, terminate your registration or restrict your access to certain parts of the Service(s), if there is an indication that you have breached the User Agreement or if you have not signed into Your Account with your username in the past twelve (12) months. Such termination shall be without any liability to the Company. Upon any termination / expiry of the User Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Company’s right to any Comments and/or your information shall survive the any termination of the User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the Service(s) already availed or affect any liability that may have arisen under the User Agreement.
21.2. Upon termination, you shall not have access to the Platform or the Service(s) unless otherwise agreed or permitted by the Company in writing.
22. FORCE MAJEURE
22.1. The Company shall in no event be liable for non-performance (either in whole or in part) or delay in its performance of its obligations, if caused by unpredictable adverse weather conditions, strikes/lockdowns (bandhs), industrial strikes, war, acts of God, acts of terrorism, floods, earthquakes or civil disturbance, or such other threatened or actual circumstance which in each case could not reasonably be foreseen and is beyond the reasonable control of the Company.
23. GENERAL DISCLAIMER
23.1. The Platform is provided without any warranties or guarantees on an “As Is” basis. You hereby agree to bear any risks associated with the use of the Platform and the Services made available therein. To the fullest extent possible pursuant to Applicable Laws of India, the Company disclaim all warranties, express or implied, with respect to the Platform, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. Company does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to the Platform or the Services made available therein.
23.2. These disclaimers constitute an essential part of the User Agreement.
23.3. To the fullest extent permitted under Applicable Law, the Company shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform, the Service(s), the use of the products / services or the User Agreement.
24. SECURITY
24.1. You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from the Company on the Platform and other than generally available third party browsers.
25. ENTIRE AGREEMENT
25.1. If any part of the User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, the User Agreement constitutes the entire agreement between you and the Company with respect to the usage of the Platform and availing the Services made available therein, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Services made available on the Platform. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
26. PERSONAL DATA
26.1. The Privacy Policy and additional provisions in these Terms of Use (if any) governs the use of your personal data.
27. GRIEVANCE OFFICER
27.1. In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr.Ganesh K.U
eMail: ganesh@nrrs.net