This document is an electronic record in terms of the Indian Contract Act, 1872,
Information Technology Act, 2000, the rules made there under, and the amended
provisions pertaining to electronic records in various other statutes, as amended by
the Information Technology Act, 2000. This electronic record is generated by a
computer system it 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, which requires
publishing the rules and regulations, privacy policy and Terms of Service for the
access or usage of http://devdarshanapp.com (“Website”) and DevDarshan (“App”).
The Website and App are owned and operated by Aadhyatmik Technologies
Private Limited, a company incorporated under the Companies Act, 2013 with its
registered office at F-44, sector 41 Noida, Uttar Pradesh, India.
Aadhyatmik Technologies Pvt. Ltd. is engaged in the business of providing
devotional platform for Temples so that devotees can watch and interact with the
content posted by Temples digitally. A license to view the Content (defined below)
is granted by Aadhyatmik to the end-users through the Website.
The company is also engaged in business of delivering religious services such as
Online Puja, Prasad Delivery, Pandit Consulting from Temples. In future, the
company will also start digital donations to Temples via DevDarshan devotional
platform.
Please read these Terms of Service fully and carefully before using the Website or
App and the services, features, content or applications maintained by Aadhyatmik
Technologies Private Limited (“DevDarshan”, “Aadhyatmik”, “we”, “us” or “our”).
IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES
CAPTURED HEREUNDER, PLEASE DO NOT USE THE WEBSITE OR APP.
1.1 “Content” shall include, without limitation, information, data, text, photographs,
videos, live streaming, audio, written posts and comments, software, scripts,
graphics, and interactive features generated, provided, or otherwise made
accessible on or through the Website and App. Such Content shall either be owned
by DevDarshan or owned by various temple or Guru partners along with rights
granted to DevDarshan to publish such content on the Website and App and; made
available to the users through Website or App.
1.2 “Services” shall mean the Content (defined hereunder), the video streaming of
the Content, Website/App, dharmic reactions and any other features,
functionalities, applications, materials, prasad service, puja service, pandit
consulting, tourism package 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”)
1.3 “Terms”, “Terms and conditions”, “Policy”, “T&C”, “Terms of Service”, “Terms of
Use”shall mean the entire Agreement and all parallel policies that You agree to in
mutual agreement by using our Website/App; and
1.4 ‘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.
2. Acceptance of Terms and Conditions:
By registering for and/or using the Services in any manner, including but not limited
to visiting or browsing the Website/App, You agree to these Terms of Service, the
Privacy Policy and all other operating rules, policies and procedures that may be
published from time to time on the Website/App by us, each of which is
incorporated by reference and each of which may be updated from time to time
without notice given to You.
Certain Services may be subject to additional Terms of Service specified by us from
time to time. Your use of such Services is subject to those additional Terms and
Conditions, which are incorporated into these Terms of Service by this reference.
You are requested to update yourself to these new/additional terms from time to
time.
These Terms of Service apply to all Users of the Services, including, without
limitation, information, and other materials or Services, registered or otherwise.
Eligibility: You represent and warrant that You are at least 18 (eighteen) years of
age. DevDarshan does not accept agreements and payments from persons under
the legal age of 18 years. By submitting your account application, You confirm that
You are over 18 years of age or Your parent or legal guardian has agreed to accept
this Agreement on your behalf. We may, in our sole discretion, refuse to offer the
Services to any person or entity and change its eligibility criteria at any time. You
are solely responsible for ensuring that these Terms of Service are in compliance
with all laws, rules and regulations applicable to You and the right to access the
Services is revoked where these Terms of Service or use of the Services is
prohibited or to the extent offering sale or provision of the Services conflicts with
any applicable law, rule or regulation. Further, the Services are offered only for Your
use, and not for the use or benefit of any third party.
Registration: To sign up for the Services, You must register for an account and
create a profile on the Services (an “Account”). Any information You provide to us
for the purposes of registering and setting up your account shall be considered as
accurate, complete and updated. You are solely responsible for the activity that
occurs on your account and for maintaining the security of the Website and any
information You input to the Website or App. 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 Gmail
Sign In, You agree to be bound by all applicable policies of such third party service
and will act in accordance with them.
3. The use of the Website/App is subject to the following conditions:
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The Content hosted on the Website/App is for personal viewing purposes.
DevDarshan may at its sole discretion add, edit, modify or update the
content at its sole discretion. Your continued use of the services following the
posting of any changes to these terms constitute unconditional acceptance
of such changes.
- We do not provide any warranty or guarantee as to the accuracy, timeliness,
performance, completeness or suitability of the content 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 Services or information available through the
Website/App meet Your specific requirements.
- The Website/App contains material which is owned by various temples and
Gurus and rights of use granted to us.
- 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 result in suspension of user
account, a claim for damages and/or be a criminal offence.
- From time to time the Website/App may also include links to other websites
and content. 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 agree to make use of the services in accordance with these terms and
expressly agree not to use any other medium other than what is prescribed
by us.
- Using our Services does not give You ownership of any intellectual property
rights in our Services or the content You access.
- These terms do not grant You the right to use any branding or logos used in
our Services. Don’t remove, obscure, or alter any legal notices displayed in
or along with our Services. In connection with your use of the Services, we
may send You service announcements, administrative messages, and other
information.
- Our services are available on mobile platform in the form of the App. Do not
use such Services in a way that distracts You and prevents You from
obeying traffic or safety laws.
- The contents of the Website and App, information, text, graphics, images,
logos, reactions, button icons, brand names, software code, design, and the
collection, arrangement and assembly of content on the Website (collectively,
"Our Content"), are our property and are protected under copyright, trademark
and other laws. You shall not modify Our Content or reproduce, display,
publicly perform, distribute, or otherwise use Our Content in any way for any
public or commercial purpose or for personal gain.
- You shall not access the Services for purposes of monitoring their
availability, performance or functionality, or for any other benchmarking or
competitive purposes.
- 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.
- Aadhyatmik, 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.
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. Any transaction, dealings or communication otherwise that You may
have with such third parties are at your own risk and we make no warranties,
express or implied regarding the quality or suitability of the services or products of
such third-party vendors.
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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 against devotional service availed by
you. Any order placed through the Website/App for availing any of the
Devotional Services cannot be cancelled and any payment once made will not
be refunded. 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, an
alternative date will be provided for the same. The processing fees or
transaction costs, if any, should be borne by the card holder and may be
charged extra with the pujas and offerings rate.
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Security: Please do not share Your card details, login details etc. with our
employees or officers or any third-parties 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.
As a condition of use, You promise not to use the Service for any purpose that is
prohibited by these terms, by law, or other rules or policies implemented by us from
time to time. The Service (including, without limitation, any Content) is provided
only for Your own personal, non- commercial use.
Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or
may impose an unreasonable or disproportionately large load on us (or its third
party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper
working of the Service or any activities conducted on the Service; (iii) bypass any
measures we may use to prevent or restrict access to the Service (or parts thereof);
(iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to
derive any source code or underlying ideas or algorithms of any part of the Service,
except to the limited extent applicable laws specifically prohibit such restriction; (v)
modify, translate, or otherwise create derivative works of any part of the Service; or
(vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You
receive hereunder.
In the event, that an entry listed on the Services is mistakenly listed at an incorrect
price, we reserve the right to refuse or cancel any orders placed for the same listed
at the incorrect price. We reserve 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, refunds
shall be processed through the same mode of payment.
We may terminate Your access to all or any part of the Services at any time, with or
without cause and notice, effective immediately, which may result in the forfeiture
and destruction of all information associated with Your membership. If You wish to
terminate Your Account, You may do so by following the instructions on the
Website/App or through the Services. Any fees paid hereunder are non-refundable.
All provisions of these Terms of Service which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
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We have no special relationship with or fiduciary duty to You. You
acknowledge that we have no duty to take any action regarding:
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which users gain access to the Services;
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what Content You access via the Services; or
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how You may interpret or use the Content.
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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.
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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.
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The use of the Website/ App may lead to overheating of certain mobile
devices. It is suggested that the overheated mobile device must be allowed to
cool down before further use. Further, it is hereby clarified that Aadhyatmik
shall in no event be held liable for any damages caused to the mobile device
as a result of overheating.
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The use of the Website/ App may lead to overheating of certain mobile
devices. It is suggested that the overheated mobile device must be allowed to
cool down before further use. Further, it is hereby clarified that Aadhyatmik
shall in no event be held liable for any damages caused to the mobile device
as a result of overheating.
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 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.
12. 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 in advance.
13. Governing Law and Jurisdiction:
These Terms of Service shall be governed by and construed in accordance with the
laws of India. You agree that any dispute arising from or relating to the subject
matter of these Terms of Service shall be governed by the exclusive jurisdiction of
courts situated at Noida, Uttar Pradesh, India.
We reserve the right, in our sole discretion, to modify or replace any of these Terms
of Service, or change, suspend, or discontinue the Services (including without
limitation, the availability of any feature, database, or content) at any time by
posting a notice on the Website/App or by sending You notice through the Services,
via e-mail or by another appropriate means of electronic communication. We may
also impose limits on certain features and Services or restrict Your access to parts
or all of the Services without notice or liability. While we will provide timely notice of
modifications, it is also Your responsibility to check these Terms of Service
periodically for changes. Your continued use of the Services following notification of
any changes to these Terms of Service constitutes acceptance of those changes.
15. Entire Agreement and Severability:
These Terms of Service and Privacy Policy constitute entire agreement between
You and us with respect to the Services, including use of the Website/App, and
supersede all prior or contemporaneous communications and proposals (whether
oral, written or electronic) between You and us with respect to the Services. If any
provision of these Terms of Service is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that
these Terms of Service will otherwise remain in full force and effect and
enforceable. The failure of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights hereunder.
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.
These Terms of Service are personal to You, and are not assignable, transferable
or sub- licensable by You except with our prior written consent. We may assign,
transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a
result of these Terms of Service and neither party has any authority of any kind to
bind the other in any respect.
Our failure to enforce any part of these Terms of Service shall not constitute a
waiver of our right to later enforce that or any other part of these Terms of Service.
Waiver of compliance in any particular instance does not mean that we will waive
compliance in the future. In order for any waiver of compliance with these Terms of
Service to be binding, we must provide You with written notice of such waiver
through one of our authorized representatives.
We offer email-based support. You may access support resources or contact our
support by emailing at [email protected]. Aadhyatmik does not make
any promises regarding how quickly response to Your request for support will be
addressed. Any suggestions by us regarding use of the Services shall not be
construed as a warranty. If You have any questions regarding the Service, please
contact us at [email protected] or reach out to our service care
number. Please note that for the purpose of validation, You shall be required to
provide information (including, but not limited to Your email address, contact
number or registered mobile number, etc.).
The section and paragraph headings in these Terms of Service are for convenience
only and shall not affect their interpretation.
The Privacy Policy is separately available on the Website, and can be perused by
You at Your convenience.