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Terms and Conditions

  /  Terms and Conditions

Introduction

Welcome to Pureprayer.com and/or the mobile application you are using (“Site”) provided bySpiritual Products Private Limited (“Company”)

. Any service rendered to you through this Site by the Company including but not limited to services/products/ communication forum and information

about the services/ products/communication forum provided by the Company, Religious Institutions and other third party service providers/vendors

including but not limited to sevas , products relating to sevas and other puja items, photographs of the products and/or services, terms and

conditions, transactions that may be implemented through this Site, purchase of the services, performance of the services and all other services in

relation thereto (“Services”), shall be subject to the terms and conditions and you are deemed to have accepted these terms and conditions

(“Terms and Conditions”).

General Terms and Conditions

The Terms and Conditions together with the terms and conditions contained in the “PrivacyPolicy”, shall constitute an agreement between you

(reference to “you”, “yours”, “yourself” in the User Agreement shall mean you as a user of this Site) and the Company (“User Agreement”) and

govern your use of this Site. By using this Site 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 Site.

All Services and information displayed on this Site constitute an “invitation to offer”. Your order for purchase of the Service(s) constitutes your

“offer” which shall be subject to the Terms and Conditions as listed below. The Company reserves the right to accept or reject your offer. Our

acceptance of your order shall take place upon us agreeing to undertake to perform the Services ordered by you on this Site. No act or omission by the

Companyprior to our express acceptance of the Service(s) shall constitute acceptance of your offer.

User Eligibility

Use of this Site 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 Site.

Registration as provided for on this Site is a mandatory requirement for availing of the Service(s).

The Company reserves the right to terminate your account and refuse to continue providing you with access to this Site including but not limited to

the Services, if the Companydiscovers that you are under the age of eighteen (18) years or “incompetent to contract” within the meaning of the Indian

Contract Act, 1872. This Site is not available to persons whose accounts have been suspended or terminated by the Company for any reason whatsoever.

Those who access this Site 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.

Account and Registration Obligations

In the event you want to avail any Services, you will need to register with the Site. If you do not wish to be enrolled and/or avail the Service

(s), do not register your account on the Site.

To register with the Site you will be redirected to a registration page wherein you will be required to provide Your Information. You will also

need to create an username and a password for your account (“Your Account”). Upon registering, you will receive a confirmation email on your

registered mail account (“Registration Email”). You are solely responsible for any use of the Service(s) with Your Account.

You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under

your password or username. 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.

“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.

You also understand and agree:

  1. To provide true, accurate, current and complete information about yourself as prompted by this Site’s registration form (such informationbeing the “Registration Data”).
  2. To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that isuntrue, inaccurate, incomplete, or not current or if the Companyhas reasonable grounds to suspect that such information is untrue, inaccurate, not

    current or not in accordance with the User Agreement, the Companyhas the right to indefinitely suspend or terminate Your Account and refuse to provide

    you with access to this Site 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 this Site.

  3. The Company has the right to discontinue the Site wholly/partially without prior notice to you.
  4. That you authorise the Company to use Your Information and Comments (defined below), as may be required from time to time, in relation tofulfilling its continuing obligations.
  5. That you consent to provide Your Information to the Company, in relation to fulfilling its continuing obligations.
  6. That any of Your Information may be used by the Company in preparing reports, recommendations, conclusions, and/or documentations, and YourInformation (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).

Payments

Credit Card / Debit Card / Net Banking Details

Please note that the credit card / debit card / net banking payment gateway is maintained, operated and processed by Citrus Payment Solutions

Private Limited payment gateway. You agree and acknowledge that the Companybears no responsibility for payment made by credit card /debit card /net

banking to avail the Service(s) through this Site. The Companyis not liable for any actions under this payment mechanism.

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 Site 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,

i.e. in a credit card / debit card / net banking transaction, you must use your own credit card / debit card / net banking account. You further agree

and undertake to provide the correct and valid credit card / debit card / net banking account.Further, the said information will not be utilised and

shared by the Companywith any third parties unless required for fraud verifications or by law, regulation or court order. The Companyshall not be

liable for any credit card / debit card / net banking account fraud. The liability for use of a credit card / debit card / net banking account

fraudulently shall be on you and the onus to “prove otherwise” shall be exclusively on you.

Payment Gateway Charges

You agree, understand and confirm that in addition to Seva Charges. Service Fees, Shipping charges and applicable taxes,you will also incur

additional 1.99% plus Rs 3/- as Payment Gateway Charges.

Fraudulent / Declined Transactions

The Company / Service Providers/ Religious Institutions reserve the right to recover the cost of the Service(s), collection charges and lawyers

fees from you if you are found using a credit card / debit card / net banking account or any means of payment, the Service(s) and/or this Site

fraudulently. In such an event, the Company / Service Providers/ Religious Institutions reserves the right to initiate legal proceedings against you

for fraudulent use of this Site and any other unlawful acts or acts or omissions in breach of these Terms and Conditions. You hereby indemnify the

Company against any costs, damages, claims or other demands in relation to violation of any of your obligations under the Terms and Conditions.

Please note that all payments become due and payable on placing the orders. The Company should be informed with 24 hours in case there is any

reversal of payment required.

Cash on Delivery

In case of cash on delivery the Company reserves the right to not accept the delivery of Services, even after your order is accepted on the Site.

In the event you opt for cash on delivery the Service cannot be returned once accepted.

Pricing

The Company has taken all due care to ensure accurate description of the Service(s) and pricing information on this Site. However, there may be

pricing or typographical errors. The Company does not and cannot confirm the price of the Service(s) until after you place an order to avail such

Service(s) through this Site. 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 our 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 as part of the Registration Data, or cancel the order and notify you of such

cancellation. The Company shall not be liable at any time for specific performance.

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, without prejudice to the right of the Company to accept or reject the offer. 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 some 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.

Prices and availability of the Service(s) are subject to change without notice.

You agree, understand and confirm that in addition to Seva Charges. Service Fees, Shipping charges and applicable taxes,you will also incur

additional 1.99% plus Rs 3/- as Payment Gateway Charges.

Electronic Communications

When you visit this Site 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 this Site. 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. 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.

You agree and confirm:

  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 limitedto 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, shall not be the Company’s liability and losses incurred by the Companyas a result of such inaccuracy or mistake

    may be claimed from you.

  2. That you shall use the Service(s) rendered by the Company, its affiliates, consultants, third party service providers and contractedcompanies, for lawful purposes only and comply with the Terms and Conditions, all applicable laws and regulations while using any of the Services and

    using this Site including but not limited to transacting on this Site.

  3. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If uponconfirmation, your details are found not to be true (wholly or partly), the Companyhas the right in its sole discretion to reject the registration and

    debar you from using this Site without prior intimation whatsoever.

  4. That you are accessing this Site and using the Service(s) at your sole risk and are using your best and prudent judgment before using anyService(s) or entering into any transaction through this Site.
  5. That before using any Service, you will check the Service description carefully. By using a Service, you agree to be bound by the conditionsof such service that may be included in the Service’s description.
  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 beingused for delivering the Services.
  7. The Company reserves the right to refuse provision of Services without assigning any reason whatsoever.

You shall not use this Site for any of the following purposes:

  1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offence; results in civil liability or otherwise breaches anyrelevant laws, regulations or code of practice.
  3. Gaining unauthorised access to other computer systems.
  4. Interfering with any other person’s use or enjoyment of this Site.
  5. Breaching any applicable laws.
  6. Interfering or disrupting networks connected to this Site.
  7. Reproducing or distributing content, accessing content for unlawful use and/or selling the acquired content. “Content” shall includeany content acquired from this Site, whether directly or through a link including intellectual property, whether protected under copyright, trade mark

    or not, available and accessible on this Site, and includes the Services offered on this Site.

  8. Making, transmitting or storing electronic copies of materials protected by copyright without the written permission of the Company.
  9. Accessing or trying to access any account other than Your Account.

Modification of the User Agreement

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 this Site. You are responsible to review the terms and conditions of the User

Agreement on this Site, 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 this Site. 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.

Governing Law and Jurisdiction

The User Agreement shall be construed in accordance with the applicable laws of India.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement, shall be referred to and finally resolved by

arbitration under the Arbitration and Conciliation Act, 1996. The number of arbitrators shall be three (3): one each nominated by you and the Company

and the third arbitrator chosen by the two (2) arbitrators so nominated. The above arbitration shall be conducted in English and the arbitration shall

be held in Mysore, India.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Companyon or through this Site or

otherwise disclosed, submitted or offered in connection with your use of this Site or use of the Service(s) (collectively, the “Comments”)

shall be and remain the Companyproperty. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Companyof all

worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Companyowns 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

to this Site 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 to this Site

shall be or contain libelous 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 Companymaynot regularly review your Comments, but does reserve the

right (but not the obligation) to monitor and edit or remove any Comments. You grant the Companythe 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 and you agree to indemnify the Company,

its affiliates, service providers and third parties,for all claims resulting from any Comments you submit. TheCompany and its affiliates take no

responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

    You agree and confirm that:

  1. Unless otherwise expressly stated, copyright, database right and all other proprietary rights, title and interest in all material presented onthis Site (including but not limited to the Content, graphical images, text, video clips, reprographics, sounds, demos, patches and other files)

    (“IP”) is owned by or licensed to the Company and/or its affiliates and is protected or covered by copyright, trade mark, intellectual property

    law and/or other proprietary rights.

  2. You shall not display, print or download extracts from this Site, whether for your personal or non-personal use, and you shall notcommercialise any IP in any way.
  3. You shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form bydownloading and storing all or any part of the pages from this Site.
  4. Unless with our prior written permission, no part of this Site shall be reproduced or transmitted to or stored in any other website or mobileapplication, nor shall any of its pages or part thereof be disseminated in any electronic or non electronic form.
  5. Nothing on this Site or your use of the Service(s) shall be construed as conferring on you or any party, any licence or other rights under theintellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise.
  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.
  7. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information areprovided solely as a convenience to you and do not in any way constitute or imply the Company’sendorsement, sponsorship or recommendation of the third

    party, information, product or service. The Companyis 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.

Objectionable Material

You agree to use this Site and the Service(s) at your sole risk and that to the fullest extent permitted under applicable law, the Company shall

have no liability to you for the Service(s) that may be deemed offensive, indecent, or objectionable to you.

Indemnity

By accessing this Site, 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 Companyor any third party including but not limited to

breach of any warranties, representations or undertakings or in relation to the non-fulfillment 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 intellectual property rights, 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 this Site and infringement of intellectual property or other rights or in relation to any claims arising due to providing Your

Information. This clause shall survive the expiry or termination of the User Agreement.

Termination

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 this Site, 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 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.

Consequent to termination, you shall not have access to this Site or the Service(s) rendered unless otherwise agreed or permitted by the Company in

writing.

Services

You understand and agree that the Company shall only provide you with the deliverables (as part of the Services) agreed to by it as purchased by

you from the Company.

In the event you do not agree to the terms and conditions of the User Agreement, do not use and/or purchase the Service(s). You acknowledge that

the Company may also be using third party vendors (“Service Provider(s)”) to provide you the Service(s). The Company shall in no event be

responsible for any consequences due to the actions of the Service Providers or any third party providing the Service(s).

 

The data available on the Site about the religious institutions (“Religious Institutions”) is as provided by them. The type of ‘sevas’ or

other ‘prayers’ or the timings stated on the Site are as conducted by the Religious Institution. 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 Religious Institutions and

the Company or the Service Provider and the Company. The Company is only providing a platform to the Religious Institutions and/or the Service

Provider to provide its services.

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 failure on part of the

Religious Institutions.

The Company is only facilitating dissemination of information provided by the Service Providers. The Company shall not be responsible/liable for any

consequences and/or delay caused by the Service Provider.

The Company shall in no event be liable (including third party claims) for any actions taken by the Religious Institution.

The Company will not be responsible of any cancellation or rescheduling by the Religious Institutions or any Service Provider. In the event you

want to cancel any sevas or other orders placed on the Site, you will need to contact the 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 or the Service Provider. The Company shall not be

responsible or held liable for any such non-availability.

Force Majeure

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.

Disclaimers and Limitation of Liability

This Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of this

Site and the Services. The Company shall not be responsible in any manner whatsoever for any damage, errors or omissions or for the results obtained

from the use of the Services or for any technical problems you may experience with this Site. The Company shall not be liable in any form or manner

whatsoever for the products and services and the intellectual property rights in relation to the products and services on this Site.

These disclaimers constitute an essential part of the User Agreement.

To the fullest extent permitted under applicable law, the Company and its vendors 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 this Site, the Service(s), the use of the products / services or the User Agreement. Without prejudice to

the generality of the foregoing, the total liability of the Companyto you for all liabilities arising out of the User Agreement be it in tort or

contract/ breach of contract is limited to the value of the Service purchased by you.

Site Security

You are prohibited from violating or attempting to violate the security of this Site, 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 this Site, 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 and may involve, and cooperate 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 this

Site or any activity being conducted on this Site. You agree, further, 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 this Site other than the

search engine and search agents available from the Company on this Site and other than generally available third party browsers.

Entire Agreement

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

Service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the

Company with respect to the Service(s). 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.

Order of Priority

If there is any conflict between these Terms and Conditions and the Privacy Policy, the provisions of these Terms and Conditions shall prevail.

However, where there are additional terms and conditions specifically provided for a particular product or service, such additional terms and

conditions shall, unless they conflict with the Terms and Conditions, be deemed to be applicable.

Personal Data

The Privacy Policy and additional provisions in these Terms and Conditions govern use of your personal data.

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