If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us through email@example.com
www.shubhpuja.com (hereinafter, the ‘Website’) is owned and operated by Shubhpuja Services Private Limited, (hereinafter the ‘Company’), having its office at the 56, 3rd floor, Sunder Nagar, New Delhi 110003.
For the purpose of these Terms, wherever the context so requires,
The Website provides an online platform providing a one stop solution for all their puja/worship requirements (hereinafter referred as the “Services”). The Website allows its Users to conduct vedic pujas, astrology, vastu through qualified professional and also provides access to a wide variety of products used for worshiping such as, but not limited to idols, puja boxes, gemstones, etc.
Once the User books for a puja Service through the Website, the User has an option of attending the puja online or in person. Onsite Services are performed only in Delhi-NCR, at our select locations. Services, such as astrology, numerology etc., are provided either on call or in-person. To avail the Services on the Website, the User might have to share information such as, but not limited to full name, date/time/place of birth, parents name, contact details, address, purpose of puja and consultation etc.
Registration, Eligibility and Access
Users must register in order to avail the Services offered by the Company on the Website by providing certain information, which includes, but is not limited to, the following:
The Website also offers Sign Up process with our own sign up system and other platforms such as, but not limited to Facebook, LinkedI
n and Google+ (hereinafter referred as Networking Websites). Website uses Facebook Connect and Google+ platforms as a medium for signing up only. However, kindly note that the manner in which the Networking Websites use store and disclose Your information is governed solely by its policies, and the Website bears no liabilities/responsibility for its privacy practices and/or other actions of any third-party site or service that may be enabled within the Service.
At any time during Your use of this Website including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username, password, and any Service availed under Your registered account shall be deemed to have been availed by You. In the case that You provide Us with false and/or inaccurate details or the Company has reasons to believe You have done so, We hold the right to permanently suspend Your account.
In addition to this, You would be required to comply with the following:
License and Access
The Company grants you a limited sub-license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
Browsing the Website is free of cost. However, the User shall make payments towards the products/Services purchased through the Website. We reserve the right to amend the charges for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with Services offered by us. Such changes are effective as soon as they are posted on the Website.
We reserve the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. We further reserve the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
The following payment options are available on the Website:
The Website uses Third Party payment gateway to handle the financial transactions on the Website. The Website may change the payment gateway at any time without notice. We are not responsible for these Third-Party services. Such services are dependent on the respective Third Party’s legal terms. The billing details provided during payment should be up-to-date, such as the billing address and the User’s name. Payment information on the Website of Users using our services is stored on the database for the respective Website as encrypted using basic encryption which can be decrypted to reveal the original information. This information is provided to us by the Third-Party payment gateway services we use to provide online payment functionality, and hence, may contain certain personal information.
We are not responsible for what information is sent to us and stored as this is sent to us by a third party and we cannot control the information sent. However, storage of this information is necessary for legalities and auditing as well as for verification and more. Currently, the information stored that may be deemed personal to the user is their first name, last name and their address zip code. The Website may change the payment gateway from time to time and is not liable or liable to notify the User of the same.
The User undertakes to fulfill the following obligations and failure to satisfy any of these obligations gives Us the right to permanently suspend Your user profile and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
Disclaimers Regarding Products/Services
The Company does not make any representation or warranties in respect of the products/Services available on the Website nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products/Services on the Website. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s)/Services and is not responsible for damages or delays.
We do not guarantee outcome for any of the Services availed through the Website. You understand and agree the consultations provided to you through the Website are independent opinions of the astrologers/pandits and cannot be used against the Company/Website or any of the Website’s Service Providers. All predictions are based on study and observations of the astrologer and their independent opinion.
We make no representations / warranties of any kind expressed or implied with respect to occurrence of any event and predictions. We may, in Our sole discretion, change, modify, suspend, make improvements to or discontinue any Service without prior notice. You understand and agree that, We do not take responsibility for any consultation/puja undertaken by the acharya/astrologer/pandit and their opinions / predictions and we cannot be used in any court of law for the Service provided through the Website.
Any and/or all forms of recording of any of the consultations/puja or any other Service availed through the Website is prohibited.
Suspension of User Access and Activity
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:
The User agrees that in situations due to any technical or other failure in the Website, services committed earlier may not be provided or may involve substantial modification. In such cases, We shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of the Website against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
Reviews, Feedback and Submissions
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or otherwise disclosed, submitted or offered in connection with use of the Website (collectively, the Comments) shall be and remain the property of the Company. 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 shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
Further, any reliance placed on Comments available on the Website from a third party shall be at your sole risk and expense.
We place great emphasis on intellectual property. We own the trademarks and the user interface of our Website are all proprietary and the copyright belongs to us. All third-party information and trademarks displayed on our Website is protected under the laws relating to copyrights, trade dress, trademarks and is owned by the respective third party. Unless otherwise expressly mentioned, all other content on our Website shall be reserved and use of any such intellectual property without prior consent or permission from the respected owners will amount to infringement will be subject to legal action by owners of such intellectual property.
We are not liable for any reviews, comments and feedbacks made on third party applications which are displayed on our Website, which are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties.
You may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective User of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the Company, and that at no point does any such intellectual property stand transferred to You.
You are further aware that any reproduction or infringement of the intellectual property of the aforementioned artisans by You will result in legal action being initiated against you by the respective artisans. It is agreed by You that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Disclaimer of Warranty
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website, services and other materials and contents provided by this Website are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:
We shall not be liable for any third-party product or services. The advertisement available on E-mail, or Website with respect to the third-party website or the products and services are for information purpose only.
Limitations of Liability
The services we provide are solely limited to the description provided in this Terms of Service and the Website. We will not be liable for information and errors from third party websites and applications.
The Company/Website is not responsible for any consequences arising out of the following events:
The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by the User through the Website.
Users may be held legally responsible for damages suffered by other Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.
Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
To the fullest extent permitted by law, the Website shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
You agree to indemnify, defend and hold harmless the Company including but not limited to its agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that your material/content caused damage to a third party, your violation of the Terms of Service, or your violation of any rights of another, including any intellectual property rights.
In no event shall the Company, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website, services, contents or materials. The limitations and exclusions in this clause apply to the maximum extent permitted by applicable law.
Term and Termination
These Terms will remain in full force and effect while you are a User of the Website. The Company hold the rights to terminate the agreement and suspend/cancel the registered user’s account.
The Website may at any time by giving you reasonable notice, terminate the agreement with you, deny you access to the Website and/or suspend or delete your User Profile and/or any content you have submitted on the Website. The Website may immediately terminate the agreement with you, deny you access to the Website and delete your User Profile in the event that you have breached any of these Terms of Service.
Applicable Law: You agree that the laws of the New Delhi, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of New Delhi and we each agree to personal jurisdiction in those courts.
If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us through firstname.lastname@example.org