This document is an electronic record in terms of the Information Technology Act, 2000 and in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rule, being generated by a computer system it does not require any physical or digital signatures.
The website and app is owned, operated and managed by us.
- “Content” shall include, without limitation, information, data, text, photographs, videos, shoots, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
- “Services” shall mean the Content (defined hereunder), the video streaming of the Content, website/app, and any other features, functionalities, applications, materials, prasad service, puja service, donation service or other Services (defined hereunder) offered from time to time on the app or website in connection with any of the above, however accessed, are referred to collectively as the “
Services” or the “app Services”)
- "Temple” shall mean any person or entity who is registered with us and shall list its Content and product(s) on the website/app with the intention to sell its Services or offerings through the website/app.
- “Terms”, “Terms and conditions
”, “Policy”, “T&C
- ‘You’ or ‘Your
’ or ‘User’ refers to the user or viewer of the website/app. User is anyone who is visiting, accessing, browsing, or taking Services through the website/app and also includes Temples who sell their products and Services through the website/app.
- Acceptance of Terms and Conditions:
Registration: To sign up for the Services, You must register for an account and create a profile on the Services (an “
Account”). You must provide accurate and complete information and keep Your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than You without appropriate authorization; or (iii) use as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on Your Account, and for keeping Your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in Your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of Your Account. You should never publish, distribute or post login information for Your Account. You shall have the ability to delete Your Account, either directly or through a request made to one of our employees or affiliates. By registering Your Account through a third party service, such as Facebook Connect, You agree to be bound by all applicable policies of such third party service and will act in accordance with them.
- The use of the website/app is subject to the following conditions:
- The Content of the website/app is for Your general information and use only. It is subject to change without notice.
- We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website/app for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on the website/app is entirely at Your own risk, for which we shall not be liable. It shall be Your responsibility to ensure that any products, Services or information available through the website/app meet Your specific requirements.
- The website/app contains material which is owned by the Temple and licensed to us for displaying. This material includes, but is not limited to the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
- All trademarks reproduced in the website/app, if any, which are not the property of, or licensed to us, are acknowledged on the website/app.
- Unauthorized use of the website/app may give rise to a claim for damages and/or be a criminal offence.
- From time to time the website/app may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the Content of the linked website(s).
- You are prohibited to create a link to this website/app from another website.
- You may use a Virtual Reality headset (“VR Headset
”) for watching the Content, which includes 360 degree videos and interactivity,
however, You shall defend, indemnify, and hold us harmless, our affiliates and each of
our employees, contractors, directors, suppliers and representatives from all liabilities,
claims, and expenses, including reasonable attorneys’ fees, that arise from or
relate to the use of such VR headsets.
- Your use of the website/app and any dispute arising out of such use of the website/app is subject to the laws of India.
- App as an intermediary platform:
- The app is an online platform where multiple temples are present and we would only facilitate the Users to meet and interact with the Temples for their transactions. We are not a party to such interaction and take no liability that arises from any such communication.
- We are an intermediary, as defined under the Information Technology Act, 2000. As part of our obligations under the Information Technology Act, 2000, upon receiving actual knowledge that any information, data or communication link residing in or connected to a computer resource controlled by us is being used to commit an unlawful act, we are required to remove or disable access to such material.
- All communication which, inter alia, include the contract, its terms, Your obligations, the Temples’ obligations, prices, etc. are outcomes of the communication between the Temple and You. This includes, without any limitation, the prices, delivery costs, warranties related to the products, etc. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
- While entering into contracts or any other transaction, or communication, with another User, You are expected to check the creditworthiness of the respective Temple and the genuineness of the products offered by them. We are not liable for the same.
- Any contract entered into by You with any other User / Temple, is limited to You and the respective User / Temple and not us, we are in no way liable for any deficiency of Service that may arise which includes and is not limited to cancellation of order due to low stocks, defected goods, and defective nature of goods.
- As we hold no possession nor title of the products or prepaid monetary amounts at any time, save as provided herein, nor enter/determine the communication between You and any other User or Temple or determine its outcome, the contract is purely a bipartite contract between You and the respective User / Temple and we are not responsible for claims arising from such a contract.
- Copyright notice:
- This website/app along with the Content is a copyright of Kalpnik / respective Temple. All rights reserved.
- Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download extracts, to a local hard disk for Your personal and non-commercial use only; and
- You may copy the content to individual third parties for their personal use, but only if You acknowledge the website/app as the source of the material.
- You may not, except with our express written permission, distribute or commercially exploit the Content nor may You transmit it or store it in any other website or other form of electronic retrieval system.
- Kalpnik, its affiliates and its licensors/licensees, as the case may be shall have, and shall continue to retain, all title, rights and interests in the website/app and the Content.
- Third Party Services:
The Services may permit You to link to other websites, services or resources on the Internet, and other websites, when You access third party resources on the Internet, You do so at Your own risk. These other resources are not under our control, and You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
- Payment Method:
- The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. If we, through the Payment Processor, do not receive payment from You, You agree to pay all amounts due on Your Billing Account upon demand.
- Any order placed through the website/app for availing any of the Services offered shall not be cancelled and any payment once made will not be refunded. The increased rates, if any, of the poojas or offerings in force on the proposed date will be applicable and the extra amount should be remitted to the Temple to perform the pooja, otherwise the booking(s) will be rejected. The date selected for the pooja(s) or offering(s) cannot be changed after making the payment. However, if the temple due to reasons best known to them, do decide to cancel a Puja or an event scheduled by You and previously approved by the temple, then the temple will either provide You alternative date for the same or refund the full money to You. The processing fees or transaction costs, if any, should be borne by the card holder and may be charged extra with the poojas and offerings rate. In case, if any erroneous booking(s) is made for any of the offerings/ poojas or offerings/poojas of a particular date or which are reserved by the Temple or any other bookings that are already there or any other problems occurred, such booking(s) (online booking(s)) will be rejected and the payment made by the card holder will be refunded or it can be postponed to any other available date, according to the decision of the concerned user. The receipts/donation receipt, payment receipts and other receipts will be issued and generated directly by the Temple. In case You have not received the same or have issues with regards to any payments, refunds, invoices or acknowledgements please write to the Temple directly.
- Security: Please do not share Your card details, login details etc. with our employees or officers to prevent/avoid any fraudulent use of Your credit/ debit and internet banking accounts. Any card information provided on the website/app is completely secured. We take reasonable measures to ensure that every profiles’ identity and payment details are highly protected.
- Typographical Errors:
In the event, that an entry listed on the Services is mistakenly listed at an incorrect price, Temple reserves the right to refuse or cancel any orders placed for the same listed at the incorrect price. Temple reserves the right to refuse or cancel such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the order and Your order is cancelled, Temple shall issue a credit to Your credit card account in the amount of the incorrect price.
- Risk of Loss:
All Services ordered through the website/app are made pursuant to a shipment contract with the supplier. This means that the risk of loss and title for such items pass to You upon delivery by Temple’s supplier to the carrier.
- Warranty Disclaimer:
- We have no special relationship with or fiduciary duty to You. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Services;
- what Content You access via the Services; or
- how You may interpret or use the Content.
- You release us from all liability for You having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
- The Services and Content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We and our directors, employees, agents, suppliers, partners and Content providers do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any Content or software available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services will meet Your requirements. Your use of the Services is solely at Your own risk.
- Subject to the above sub-clauses, a contract exists between You and any other User or Temple on the website/app, and any breach of contract or claim arising from such breach is the subject matter of the respective Users or parties alone. We shall in no way be a party to such breach and we shall not be involved in any suit arising from the said breach.
- System Uptime: We will use commercially reasonable efforts to make the website/app generally accessible to Users via the internet, 24 (twenty-four) hours a day, 7 (seven) days a week unless: (a) scheduled network, hardware or service maintenance; (b) a failure of the internet and/or the public switched telephone network, or (c) the occurrence of any event that is beyond our reasonable control (collectively, the "
Excusable Downtime"). We will use all commercially reasonable efforts to make the website/app available at least 95% (ninety-five per cent) of the time during each month, excluding Excusable Downtime ("
Uptime Commitment"). We shall maintain commercially reasonable and industry standard safeguards for data integrity of transmissions as received by or otherwise transmitted to us from Users or to or from the website/app, provided that, we shall not be responsible or have liability for data integrity beyond the original condition as received by or otherwise transmitted to us. We shall take commercially reasonable actions to protect against threats that deny Service and thus reduce availability of the website/app or control by providing mechanisms to protect the transmission facilities, switching components, network management systems and other essential Service provider facilities from unauthorized denial-of service attacks, insider attacks, unauthorized or unexpected user actions, unauthorized intrusions, and other perceived threats.
You shall defend, indemnify, and hold us harmless, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services, Content, or use of VR headsets or any security/data breach or hacking of the system/computer (
including IT and operational failures) or otherwise from Your User Content, violation of these Terms and Conditions, or infringement by You, or any third party using Your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defences.
- Limitation of Liability:
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services (i) for any lost profits, data loss, cost of procurement of substitute goods or Services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or Services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of the greater of fees paid to us for the particular Services during the immediately previous 1 (one) month period.
- Governing Law and Jurisdiction:
- Entire Agreement and Severability:
- Force Majeure:
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- No Waiver: