Terms of Use

 

Terms of Use

 

Last Update: 24 Dec 2015

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and 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.

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.yourpoojari.com ("Website").

The domain name "www.yourpoojari.com" (hereinafter referred to as "Website") is owned and operated by Guruvandana Services Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at at No. 164, Reliable Woods Layout, Kudlu Village, Bangalore, Karnataka, India 560068.

The Company offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


TERMS OF USE

DEFINITION

"User", "You/you", "Your/your" means any person who browses, accesses or uses the Website;

"Use" or "Using" means to browse, access, view, copy, availing Services or other benefit from using the Website;

"Customer" means You who has obtained or willing to obtain the Services from the Website.

"Refund Policy" means terms and condition applicable to the user, for cancelation of the Services, order or booked through the Website.

"Services" means to providing a platform and connecting the user to the Service Provider, for receiving the conventional facilities for prayers, rituals, rites, ceremonies, religious celebrations, all other kinds of worship or worship related services, expressions of faith, independently and in co-ordination with purohits, priests, vendors of puja items, including but not limited to, temples, churches, mosques, gurudwaras, synagogues, fire temples, derasars, monasteries, places of pilgrimage, religious trusts, and religious congregations of all kinds. To Produce, design, source, trade and represent products and services related to all the above objectives including but not limited to religious artifacts, instruments and materials required for religious rites and rituals, consumable products for religious rites and rituals, religious, spiritual and related content on digital media and in non-digital formats like books, leaflets, posters, calendars, etc. (printed, embossed, painted, hand-written, etc.) jewelry made from all kinds of metals, alloys and non-metallic materials with and without embellishment by precious and semi-precious gemstones, fabrics and garments related to religious rituals and practices, containers for storage and transport of consumption materials for religious rites, rituals and practices, and all other kinds of products and services used in the expression of religious faith and spiritual practices.

Products and services related to religious travel and tourism, domestic and international, including hospitality, lodging and boarding services, packaged/conducted tour services, guide services, translation and interpretation services, immigration and customs process support services, and travel-related healthcare and insurance services, save and except where such services may be restricted by statute or regulation.

Conceptualization, development, organization, facilitation, and management of seminars, events, exhibitions, conferences, congregations, fairs and all kinds of similar events related to religious faith, belief and practice.

Training and other human resource development activities in support of all above activities, including but not limited to training for conducting religious rites and rituals, training for assisting, counselling, guiding and supporting consumers of religious and spiritual services, training for consulting and advisory services for all kinds of religion, spirituality and faith based product and service organizations, training for creating and/or using digital/technology-enabled processes, and recruitment and placement services related to all above objectives. Providing facility to make online and offline payments for availing the abovementioned services.

"Service Provider" means, including but not limited to, any person, institution, firm, association, us and any other related party, who provides support in completion or facilitation of the Services provided by the Company.

"Transaction Fee" means the fees charges by us from the user, for providing the platform for procuring the Services from the Website.

"Website" means www.yourpoojari.com

"We", "Company", "us" and "our" means Guruvandana Services Private Limited and its affiliates, officers, employees, agents, partners and licensors.


WEBSITE USE

Your use of the Website and Services and tools on the Website and any transactions made through the Website are governed by the following terms and conditions ("Terms of Use" or "Terms" or "TOU") as applicable to the Website including Privacy Policy, Terms and Conditions, Refund Policy and any other applicable policies which are incorporated herein by way of reference or available by hyperlink on the Website. Mere use of the Website, shall be construed as Your intent to contract with us and shall constitute Your binding obligations, with us.

User agrees to have read, understood and conveys acceptance that he User shall be bound by the Terms of Use every time the User uses the Website. The User understands that it is responsibility to check the Terms of Use carefully before accessing or using or transacting on our Website. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. Any such modifications would be effective immediately. It shall be your responsibility to review these Terms of Use periodically for any updates/changes. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.You are allowed to Use Website at your own risk. User acknowledges and understands that User has discretion not to use the Website. By impliedly or expressly accepting these Terms of Use , you also accept and agree to be bound by our including but not limited to Privacy Policy, Refund Policy, as amended from time to time.


AVAILING OF SERVICES

Subject to acceptance of the Terms, the Company allows you to avail all Services offered on Website. Customer reserves the right to select the type of Services as displayed on its Website. The Company reserves the right to prevent you from using the Website and the Service (or any part of them) and to prevent you from making any transaction on the Website.

The Information provided by you while availing the Services on the Website is subject to Privacy Policy, Refund Policy of the Company displayed on the Website.

The Company reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the User. You are required to fill you data accurately and precisely while filing the information for placing order for Services.

The Company reserves the right in its sole discretion to accept/refuse /reject registration or acceptance of order for any Services without obligation of explanation.

In case of some Services, you can choose the purohits’(from the list provided on the Website). However, we do not give any guarantee that the Services will be performed on the date chosen or provided by you, as each purohit or vendor will or might have its own calendar of events. In case the Services are not performed on the specific date due to any unavoidable reasons including but not limited to Utsavs, ceremonies when the purohits are not available for poojas and Force Majeure Events, then the Services may be performed on any other suitable date.

We shall strive with all reasonable efforts to provide the required Services as given on the Website. You can place the order for the displayed type of Services at a price as shown or provided on Website. You need to place an order by making payment through available or provided payment modes. Prices listed on the Website are in Indian Rupees unless specified and are subject to change from time to time.

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

The Service booking cost covers all administration, co-ordination, courier, delivery charges, networking and any other associated costs necessary for the fulfillment of the respective Services to be rendered.

Pricing on any Services as is reflected on the Website may due to some technical issue, typographical error or product information published on the Website may be incorrectly reflected and in such an event, Company reserves the right to cancel any such Services requested and refund the amount received from the User.


DATA SECURITY AND OWNERSHIP

You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any product, service or feature, information, software obtained from the Website. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

All materials on this Website, including but not limited to images, software, text, icons and such like (the “Content”), are protected by copyright under the copyright laws. You cannot use the Content, except as specified herein. Any modification of the materials or use of the materials published on the Website for any other purpose, other than as prescribed, shall result in violation of Company's copyright and other proprietary rights by you and shall render you liable for civil, criminal or other legal proceedings. You agree to follow all instructions on this Website limiting the way you may use the Content.

There are a number of proprietary logos, service marks, brand names, trade names and trademarks found on this Website whether owned/used by Service Provider or otherwise. By displaying them on this Website, Service Provider is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logos, brand name, copyright, service marks and trade name associated with our Company are the sole and exclusive property of the Company.


PAYMENT

Online Payment:

User understands and acknowledges:

  • That Company, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
  • That the User shall provide accurate payment details to the secure payment system for making purchase on the Website.
  • The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
  • The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User’s credit/ debit card.
  • That the User undertakes all payments subject to own risk and volition.
  • The Company shall not be liable for any loss or damage occurred to User arising directly or indirectly due to the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities.

We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit.

Offline Payment:

In the event, the payment mechanism selected by user is not an Online Payment, User understands and acknowledges that:

  • The Company shall charge a Transaction Fee, from the amount paid in cash by the user towards the Services procured.
  • Such payment can be made only in India Rupees and all such instruments must have been issued by entities operating in India and subject to Indian regulations.
  • The price as provided on the Website, shall be paid to the Service Provider, upon receiving the Services, as per the details provided.
  • The Company has the right to cancel any such Order placed selecting the offline payment mechanism; and we will take no responsibility and shall not be held liable for any such acts of the Service Provider.
  • We shall bear no such loss, if any, faced by you.

DELIVERY

The delivery of the items as required by the user is done by the concerned Service Provider, using the medium for delivery as suited, based upon the items as selected.. The Company takes no liability or responsibility for damage, spillage or change in quality of the products within the shipment. The Company shall not be liable for mis-handling done to the shipment on the whole or some products within it or the packaging of the shipment. By accepting these Terms of Use, the User agrees that any damage caused to the products or the packaging due to mis-handling done to the shipment will not be subject to any refunds or cancellations.

We do not undertake any delivery of goods or products and are only a medium or facilitator in connecting the third party vendors to you. In the event, Company shall not be liable or responsible for the change in the quality of such perishable or non-perishable goods or products due to delayed shipment.


CANCELLATIONS AND REFUNDS

Any order placed through the Website for availing any of the Services offered by the Website be cancelled either through the Website or through phone policy, in accordance with the Refund Policy, as provided on the Website.


USER GUIDELINES

Access or use of the Website may contain services such as email, short message service ("sms"), for the reporting purpose (hereinafter collectively referred to as "Communication Services"). You agree and undertake to use the Communication Services only to post, send and receive messages or emails, sms and material that are proper and related to Communication Service.

By way of example, and not as a limitation, you agree and undertake that when using a Communication Service or accessing or using this Website, you will not:

  • Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software;
  • Programs that may damage the operation of this Website or server or another's computer or handheld devises;

LINK TO THIRD PARTY

We may provide you links to third party services (“Third Party Services”). You agree to use the Services at your sole risk and that the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You understand that certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.


INDEMNIFICATION

You agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and Vendors harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), arising out of the Use of this Website or Services or resulting from any breach or violation of these Terms by you, or due to your activities related to the Website.


DISCLAIMER AND LIMITATIONS OF LIABILITY

THE SERVICES, ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITEMENT TO PERFORM SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that You are assuming the entire risk as to Your data, quality, accuracy, performance, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Application, including, without limitation.

In no event shall the Company its affiliates, officers, employees, agents, partners and licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Website.

The Services as requested by User shall be performed by the concerned representatives appointed as per the need and Services requested, only after the payment of the applicable fee is made by the User. We do not have any relationship with representatives appointed, temples, trusts or any of its agencies, who facilitates the completion of the Services requested. We are not an authorised agent of any temple, Service Provider(s) and we perform the Services through our own network of representatives spread across India. We are not a temple. We are not a religious movement.

We get no funding from any religious institutions. We are not promoting any particular spiritual stream or cult. All the Services offered through our Website do not involve any kind of animal sacrifice.


Representation and Warranty

The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty of any kind, express or implied, including but not limited to, that (i) the services of the Website will meet your requirements or set standard of expectations (ii) the services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such Services will be accurate or reliable; (iv) the quality of any products, Services, information or other material purchased or obtained by you through the Service Provider or through the depiction(s) made by the Service(s) advertiser(s) or partners will meet your expectations or requirements.

To the complete extent permissible by the applicable law, Company disclaims all warranties, express or implied, including, but not limited to the warranties of quality, Services on fitness for a particular purpose.


GUIDANCE MATERIAL

The Website is not responsible for the quality, authenticity, correctness, accuracy or suitability of such information. The User shall take prior advise and complete precaution of checking validity, correctness of such information. The Website shall not be liable to the User or any third party for taking any decision on the basis of such information.

The Company shall be advertising on various platforms and through various mechanisms about the Services it offers or to be offered in the future, through its Website. Company does not provide or place any warrant, in the event that any terms of the advertisement(s) are in conflict with this Terms of the Website and the contents of this Terms of Use shall supersede any such terms and conditions, as mentioned.


ADVERTISEMENTS

The Website will also post, display, publish or provide links of advertisements of advertisers on the Website at various places on the Website. The places of such Advertisements shall not be fixed. These advertisers might set cookies on Website which shall use your data, information for various other links. If you would like to know more information about this practice and to know your choices about not having this information used by any company, please refer to the relevant policy of such advertiser for more information.

We do not endorse or recommend or market or warranty the advertisements or advertisers or quality, suitability, merchantability, fitness, commitment, reasonability of the Product and/or services offered by such advertisers. We are not responsible for any of these advertisers as these will by third party advertisers. If you intend to deal with the advertisers, you shall directly deal with them at your entire risk and volition and Company shall not be made a party or forced party in any such conflicts.


FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees, agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.


NOTICE

All notices addressing to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to support services, email id of the at xxx in or office address of the Company at [Company Name], [Address of the Company].


CHANGE

We have and continue to have the right to modify, change or update this Terms of Use and any other policies as provided on the Website, at any time by reasonably highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. You are advised to keep a regular check and update on the Policy updates on the Website.


GENERAL PROVISIONS

  • These Terms constitute the entire or sole legal agreement between you and the Company and shall supersede and prevail any prior agreements, whether oral or written, regarding subject matter hereof.
  • You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
  • If any court of law, having the jurisdiction to decide on this matter, rules that any provision contained under the Terms are invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid, effective and enforceable.
  • If any one or more of the provisions of this Terms is or becomes invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.
  • The use or access of the Website or the Services therein, shall be governed exclusively by the laws of India. You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Bangalore, India.
  • The name "yourpoojari" and any related depiction of the images, content displayed on the Website, is product of the Company’s imagination or are used fictitiously and are not to hurt any religious sentiments or community. Any such resemblance to actual events or locales or persons, living or dead, is purely coincidental and should not be considered derogatory by any individual or any party.

IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE THE WEBSITE.