Last updated 29th April 2022
The Users may freely browse through the Platform, however in order to avail the Services, Users would be required to register on the Platform either as individual or as an entity. By accessing the Platform, registering or any other means of usage herein, the User shall be deemed to have read and agreed the terms of the Agreement without requiring any other express, implied or other consent requirement in writing or otherwise.
The User hereby represents and warrants that You:
(a) are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement;
(b) have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned; and
(c) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Platform including Services.
2. Term and Termination
This Agreement shall remain in full force and effect while you use the Services or are a User on the Platform. ApnaaMandir may terminate your use of/access to the Platform or the Services (either case, in whole or part), in its sole discretion, at any time, without warning or notice to you.
3. Registration, User Profile & Provision of Services
3.2 Users will have an option to register with us and create a personal profile on the Platform ("User Profile"), which may enable them to access additional sections on Our Platform to and avail other Services. By accessing and/or completing the online registration process on the Platform and by creating a User Profile, User confirms its acceptance of Agreement. ApnaaMandir may, at its sole and absolute discretion, refuse to accept registration applications for the registration and creation of a User Profile.
3.3 To create a User Profile, you may either:
(a) acknowledge and agree that you may be required to give information about yourself for your User Profile verification. In order to complete your User Profile, you will be required to inter alia provide your full name, email address, gender, mobile number(s), date of birth, current city/place of residence etc. Any information provided by you to us should be complete and accurate to the best of your knowledge. We are not obliged to cross check or verify information provided by you and We will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
(b) You understand that it is your responsibility to protect certain information relating to your usage of the Platform including, but not limited to, your username, password, email address, contact details, mobile number and OTP, if any. You are responsible for maintaining the confidentiality of the password and User Profile, and are fully responsible for all activities that occur under your password or User Profile.
(c) By creating an account, you agree to receive certain communications in connection with ApnaaMandir Platform or Services including from or on behalf of the third party service providers.
3.4 ApnaaMandir reserves the right to charge subscription and/or membership fees from a User(s), by giving reasonable prior notice, in respect of any product, service or any other aspect of the Platform anytime in future. The Services may be subject to certain limitations, such as, limits on disk storage space and, other limitations dependent on the third-party service provider's engagement with ApnaaMandir.
3.5 ApnaaMandir, Platform, the software, or the software application store that makes the software available for download on a device may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that We, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Platform or Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us shall be considered part of the Services.
3.6 User acknowledges and agrees that (a) Services may be subject to certain limitations, such as, limits on disk storage space and, other limitations dependent on the third party service provider's engagement with ApnaaMandir; and (b) if ApnaaMandir disables access to User account, User may be prevented from accessing the Platform or Services and that such User account details or any files or other content, which may be contained in such User account. ApnaaMandir also reserves right to deactivate the User account in case of any foul, abusive, inappropriate language used in the any functionality including reviews, comments, interaction with ApnaaMandir. [KB Comment: Please confirm if acceptable.]
4. User Content
4.1 For provision of Services, ApnaaMandir may allow the User to upload text, files, images, photos, video, or any other materials and to inter alia enable the User to provide rating/ feedback etc. (collectively, "User Content").
4.2 The User(s) undertake to share or allow sharing of User Content with ApnaaMandir at their own risk. ApnaaMandir reserves the right to retain such information for the purpose of providing Services to the Users.
4.3 ApnaaMandir reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that ApnaaMandir deems to be inappropriate:
(a) Content belonging to another person and to which a User does not have any right to;
(b) Content that infringes intellectual property of any party;
(c) Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(d) Content that includes racially, ethically, or otherwise objectionable language;
(e) Content that is libellous, defamatory, or otherwise tortious language;
(f) Content that contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; and
(g) Content that involves commercial activities and/or sales without ApnaaMandir's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
5. User Guidelines
5.2 You shall, directly or indirectly through third parties, not: (i) make and/or distribute copies of the Platform; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (iii) create derivative works of Platform.
5.3 You accept that any and all operations emanating from your device shall be assumed to have been initiated by you.
5.4 You shall request ApnaaMandir to disable the Account and change the password immediately for the Account, if your device (wherein Platform account may be signed in) has been lost or stolen.
5.5 You are responsible for any and all activities that occur in your Account. You agree to notify ApnaaMandir immediately in the event of an unauthorized use of User account or any other form of security breach. ApnaaMandir shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform ApnaaMandir, within a reasonable time, about loss or theft of your device and/or any unauthorized access in your account, either with or without your knowledge. Further, you shall not use any other person's account at any time, without an express prior written permission of the concerned account holder and ApnaaMandir.
5.6 You shall be liable for losses incurred by ApnaaMandir or any other party due to a third party's use of your account.
5.7 You shall ensure that, while using the functions and features of the Platform, all applicable laws, rules and regulations shall, at all times, be strictly complied with by you. ApnaaMandir shall not be liable in any manner whatsoever for default of any nature by you.
5.8 You agree that the Platform may be linked to the website of third parties, affiliates and business partners and that ApnaaMandir has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Platform. Inclusion of any link on the Platform does not imply that ApnaaMandir endorses the linked website. Other Parties may use the links and these services at their own risk.
6. Return, Refund and Replacement Policy
6.1 We do not make any refund or replacement for the prasad because once the prasad has been offered to the deity, it cannot be used again or sent to someone else.
6.2 However, in case of other products, if any We will review the matter on a case to case basis.
6.3 If there is cancellation of order after the order has been processed and the product is shipped:
(a) for perishable products such as food items, We do not have replacement or refund policy.
(b) in the case of non-perishable products, ApnaaMandir has the policy to replace the product or refund the money within 3 (Three) days from the date of delivery.
6.4 For pooja booked at ApnaaMandir, cancellation can be made 2 (Two) days or more before the Pooja event. There will be no refunds for cancellations made within 2 (Two) days or 48 (Forty-Eight) hours of the scheduled event. Refunds will not be provided for poojas cancelled on that particular day such as festivals, muhurat etc.
6.5 For consultations booked at ApnaaMandir for astrology, vastu etc. cancellations can be made 2 (Two) days or more before the consultation date. There will be no refunds for cancellations made within 2 (Two) days or 48 (Forty-Eight) hours of the appointment.
6.6 Donations made through ApnaaMandir cannot be cancelled or refunded once processed. In special cases, such as duplicate payment, errors etc. request for cancellation or refund of donation can be considered. ApnaaMandir is not obliged to make refunds and may, in its discretion, decline any requests for refund of donations, particularly if a tax exemption certificate has been issued.
6.7 In case of return of products, the following conditions apply:
(a) return/size exchange should be initiated within 7 (Seven) days from date of order delivery of product;
(b) the tags on the product should be intact;
(c) the product should be unwashed, unused and in an undamaged condition;
(d) the product should be returned along with the original packaging.
6.8 Apart from condition reserved herein above, the following products shall not be eligible for return or replacement, viz:
(a) any product that exhibits physical damage;
(b) if there is a change in the quality, quantity or other characteristics of the product;
(c) if as per the seller the product returned is not the product that was delivered;
(d) any other circumstances that the Platform and/or the seller may notify or deem appropriate from time to time.
6.9 Notice of cancellation must be made via email to firstname.lastname@example.org. A cancellation acknowledgement will be sent within 2 (Two) working days and fees will be refunded within 12 (Twelve) working days, subject to this Refund Policy. We do not issue refund once a Pooja has been accomplished.
7. Payment Policy
Registration is not complete until advance payment has been received for donation, pooja booking, prasad booking and/or other service booking. Advance payments not received before Pooja will result in non-delivery of service. Payments may be made by cash, cheque, Visa, MasterCard or net banking.
8. Intellectual Property
8.1 You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to ApnaaMandir, third party service provider or others (including without limitation unlicensed third-party content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information.
8.1 If ApnaaMandir become aware that one of Our users is a repeat copyright infringer, it is Our policy to take reasonable steps within Our power to terminate that User. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with relevant documentary and other evidence and We will be happy to take corrective action accordingly.
9. User-Third Party Service Provider Disputes
9.1 Users are solely responsible for their interactions with third party service provider. ApnaaMandir reserves the right, but has no obligation, to monitor disputes between you, other Users and/or third-party service providers and to immediately terminate the privileges of any User.
9.2 Platform, for provision of Services facilitates between the User and third-party service provider and no associations or interactions that happen between the User and third party service provider is the responsibility of ApnaaMandir. Accordingly, ApnaaMandir shall not be responsible for the quality of the services rendered and the products supplied or payment due therefor. The same shall be availed of/rendered or procured/supplied on terms mutually agreed between the concerned User and third-party service provider. In the event of any claims arising on account thereof, the sole remedy shall be against the concerned User and/or third-party service provider and not ApnaaMandir.
10. Disclaimer of Warranties
10.2 Without limiting the generality of the foregoing, ApnaaMandir makes no warranty and will not be liable, in any manner whatsoever, for claims pertaining to malpractice, negligence, deficiency of services on the part of a third party service provider and/or such other claims pertaining to, including, without limitation: (a) quality, authenticity and availability of the services and products; (b) delay in performance/delivery or non-performance/delivery of the services and products availed/procured; (c) injury, death and/or side effects caused due to the services and products availed/procured; (d) non-maintenance or any loss of any User Content (including health and medical records); (e) insurance and other related services.
10.3 You accept and acknowledge that ApnaaMandir does not verify any content or information provided by or obtained from either the Users or third party service providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the other Parties' use or reliance upon the Platform, the Services, data and reports by third party seervice Providers, representations and warranties made by the other parties on the Platform or any opinion or suggestion given or expressed by ApnaaMandir or any third party service provider in relation to any Services provided by ApnaaMandir.
10.4 ApnaMandir is not responsible for the conduct, whether online or offline, of any User of the Services or third-party service provider. ApnaaMandir assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any User Content or ApnaaMandir Content or data from any third party service provider.
10.5 Under no circumstances shall ApnaaMandir be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any User Content or ApnaaMandir Content posted on or through the Services, or from the conduct of any Users of the Services or third-party service provider, whether online or offline. ApnaaMandir cannot guarantee and does not promise any specific results from use of the Services.
10.6 This Platform is controlled and operated from India and ApnaaMandir makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside India is entirely at your sole risk and you agree and undertake to be responsible for compliance with all applicable local laws and agree to release, discharge and absolve ApnaaMandir Parties from any liability or loss in this respect. [KB Comment: Business to confirm.]
10.7 ApnaaMandir reserves the right to introduce and initiate new features, functionalities and components to the Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, ApnaaMandir is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform without any prior notice to you.
11. Disputes and Governing Law
11.1 In case of any dispute concerning or involving the Services, you agree that the dispute shall be governed by the laws of India and the Courts of Delhi shall have exclusive jurisdiction to adjudicate all disputes. [KB Comment: Business to confirm.]
12. Force Majeure
ApnaaMandir and/or a User will not be in default, if its/his/her failure to perform any obligations hereunder (other than any payment obligation) is caused by supervening conditions beyond that party's reasonable control, including without limitation acts of God, civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.
13. Infringement Notification
(a) a clear identification of the allegedly prohibited/unlawful/abusive material on the Platform (with specific URL reference);
(b) your contact details: name, address, e-mail address and phone number;
(c) in case of an alleged violation of proprietary rights (including copyright, trade-mark or privacy rights), a statement that you believe, in good faith, that use of proprietary material allegedly infringed on Platform is not authorized by you or your agent or law;
(d) a statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and
(e) a statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorized to act on your behalf.
15. Limitation of Liability
15.1 IN NO EVENT SHALL APNAAMANDIR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APNAAMANDIR'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO APNAAMANDIR (IN THE FORM OF COMMISSION AS MARKETPLACE) FOR THE SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT APNAAMANDIR SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
16. Information Gathered and Tracked
16.2 ApnaaMandir may disclose or transfer User Content to its affiliates including in other countries, and You hereby consent to such transfer. In line with applicable laws, ApnaaMandir is permitted only to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by ApnaaMandir, only if such transfer is necessary for the performance of the lawful contract between ApnaaMandir or any person on its behalf and the user or where the User has consented to data transfer.
17. Waiver and Severability of Terms
The failure of ApnaaMandir to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
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