General

www.shubhpuja.com (hereinafter, the ‘Website’) is owned and operated by Shubhpuja Services Private Limited, (hereinafter the ‘Company’), having its office at the 56, 3^rd floor, Sunder Nagar, New Delhi 110003.

You are advised to read and understand these Terms of Service (“Terms”) carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the Company. These terms are to be read along with the Privacy Policy and any other policies on the Website.

This document is an electronic record under the laws of India which require publishing of Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the Website and being generated by a computer system, it does not require any physical or digital signatures. 

Definitions

For the purpose of these Terms, wherever the context so requires,

1. ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires;
2. “Service Providers” shall mean including, but not limited to the contractors, service providers who provide the Service to the Users;
3. “Terms”, “Terms and conditions”, “Policy”, “T&C”, “Agreement” shall mean the entire Agreement and all parallel policies that you agree to in mutual          agreement by using our Website;
4. “Third Party” refers to any person other than the “User” the “Company”, or the “Website”;
5. “We”, “Us”, “Our”, shall mean the Company;
6. “You”, “Your”, “User” refers to the user of the Website. “User” is anyone who is visiting, accessing, browsing or using the Services offered by the Website.

Service Overview

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:

1. Name
2. Phone Number
3. Email ID

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:

1. You will not provide any false personal information.
2. You will not create/register an account for anyone other than yourself without
3. You will not create more than one registered account/user profile.
4. If your registered account is suspended/disabled by Us, You will not create another account/user profile without our prior permission.
5. You will not use our Website if you are under the age of 18 years.
6. You will not share your registered account or let anyone else access your account, or do anything else that might jeopardize the security of your account.

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:

• belongs to another person and to which you do not have any right;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harms minors in any way;
• infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
• is misleading or known to be false in any way.

Communication

By using this Website, and providing his/her identity and contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, auto-dialed and/or pre-recorded message calls, e-mails, and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Privacy Policy.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto. It is expressly agreed to by the User that any information shared by You with the Company shall be governed by the Privacy Policy.

Charges

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.

Payment

The following payment options are available on the Website:

• Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
• Visa & Master Card Debit cards;
• Net banking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.

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.

User Obligations

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.

1. You agree to comply with all local laws and regulations governing the use of the Website and its services, including, without limitation, any usage rules set forth in     this Terms of Service.
2. You understand and agree that You will be liable for any damage or loss caused by Your actions on the Website and that such damage or loss will also be borne by The Company shall in no what whatsoever be held responsible for any violations caused by you.
3. You undertake not to:
   • Cut, copy, distribute, modify, recreate, post, publish or create derivative works from, transfer, or sell any information or content obtained from the     For the removal of doubt, 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. Should you            want to engage in one or more such actions, prior permission from Us must          be obtained.
   • Access (or attempt to access) the Website and/or the Contents or Services            offered on the Website by any means other than through the interface that   is provided by the     The use of deep-link, robot, spider or other    automatic device, program, algorithm or methodology, or any similar or       equivalent manual process, to access, acquire, copy or monitor any portion       of the Website or Content, or to obtain or attempt to obtain any         materials, documents or information, or contents through any means not      specifically made available through the Website is prohibited. You        acknowledge and agree that by accessing or using the Website, You may      be exposed to content from other Users or Third Parties Ads that you         may consider offensive, indecent or otherwise objectionable. We       disclaim all liabilities arising in relation to such offensive content on the   Website. Further, You may report against such offensive contents to Us.
   • Use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) the Company’s           services; (ii) any       other party’s use and enjoyment of the Company’s services; or (iii) the        contents of any Third Party.
   • Use the Company’s Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money           laundering or identity theft.
   • Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others.
   • Engage in any activity that interferes with or disrupts access to the Website or the Company’s Services (or the servers and networks which are connected to the Website).
   • Upload or distribute files and contents that contain viruses, corrupted files, or any other similar software or programs that may damage the operation      of the Website.
   • Download any file or content posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner.
   • Probe, scan or test the vulnerability of the Website, or any network connected to the Website, nor breach the security or authentication measures on the Website, or any network connected to the Website. You     may not reverse look-up, trace or seek to trace any information on any          other user, or visitor of the Website, or exploit the Website or information or contents made available or offered by or through the Website, in any way           whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
   • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible    through the Website, or any affiliated or linked Websites.
   • Use the Website, or any material or Content for any purpose that is          unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the        our rights, or the rights of other Third Parties.
   • Violate any applicable laws or regulations for the time being in force within or outside India.
   • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service provided by Us.
   • Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement         to the commission of any cognizable offence or prevents investigation of any        offence or is insulting any other nation.
   • Disseminate information through the Website that is false, inaccurate or   misleading, or violate any applicable laws or regulations for the time being   in force in or outside India.

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.

Confidential Information

“Confidential Information” shall mean and include any and all information and content whether commercial or technical including the confidential and proprietary information, technology know-how, commercialization strategies, marketing strategies and/or any other proprietary information. We undertake not to reveal to any third party the user’s confidential information. For further information refer to the Privacy Policy here.

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:

1. If the User is in breach any of these Terms or the Policy;
2. If the User has provided wrong, inaccurate, incomplete or incorrect information;
3. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company
4. The Company shall not encourage any union or any 3rd party involvement in the Services provided on the Website.

Force Majeure

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.

The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Website will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Website. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.

Further, any reliance placed on Comments available on the Website from a third party shall be at your sole risk and expense.

Intellectual Property

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:

1. Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
2. Materials, information and contents obtained will be effective, accurate or reliable;
3. Any wrongdoing by the User including theft, sexual abuse shall not be Our responsibility;
4. Any errors or defects in the Website, services or other contents will be corrected to the maximum extent permitted by applicable law. We will have no liability related to your content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The User understands and agrees that any material, content or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her electronic systems or loss of data that results from the download of such material, content or data. The Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
5. In the event of any issues with online transactions performed on the Website, we shall not take up any liability and any transaction related issues shall directly be dealt between the Users and the concerned payment gateways and/or the   concerned Banks.

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:

1. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow   connectivity, no connectivity, server failure.
2. If the User has fed incorrect information or data or for any deletion of data.
3. If there is undue delay or inability to communicate through email.
4. If there is a failure in the functioning of any other service provided by the

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.

Indemnification

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

Governing Law

Arbitration: These Terms of Service including the privacy policy shall be governed by Indian law. Any disputes arising out of or in connection with these Terms of Service shall be governed by the laws the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be in English language.

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.

Privacy Policy

The Privacy Policy is separately available on the Website, and can be perused by you at your convenience.

Miscellaneous Provisions

• Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by the Parties shall constitute the entire agreement and understanding of the Parties with respect to each Service and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Parties shall always remain subject to the terms of this Agreement.
• Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
• Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

Contact Us

If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us through contact@shubhpuja.com