END USER LICENSE AGREEMENT (EULA)

SECTION A: GENERAL TERMS OF SERVICE

DEFINITIONS

In this EULA, unless the context or meaning otherwise requires: (a) all capitalised words and expressions defined by inclusion in quotation and/or parenthesis anywhere in this EULA, have the same meanings as ascribed to such words and expressions; and (b) following words and expressions shall bear the meanings ascribed to them below:

1. “Applicable Law” shall mean and include all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, and/or board, as may be applicable and in each case, any implementing regulation or interpretation issued thereunder including any successor law.
2. Pursuant to the provision of the Puja Services.
3. “Puja Services” shall have the meaning ascribed to it in Section C of this EULA.
4. “User” shall mean a person who desirous of availing the Astrology Services or Puja Services uses the App/ Web and/or registers on the App/ Web (as the case may be) in accordance with the terms contained herein.
5. “User Account” shall mean the online account exclusive to a User and is used by the User to avail Astrology Services or Puja Services through the App/ Web and is created in accordance with this EULA.

USE OF THE APP/ WEB

You agree, undertake and covenant that, during the use of the App/ Web, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

• 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 person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the Applicable Laws in force in any manner whatsoever.
• Is misleading in any way.
• Is harmful to minors.
• Involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming.
• Infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).
• Provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
• Tries to gain unauthorized access or exceeds the scope of authorized access to the App/ Web or to profiles, blogs, communities, User Account information or information of other Users/visitors of the App/ Web, bulletins, or other areas of the App/Web or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users/visitors of the App/ Web.
• Interferes with another User/visitor’s use of the App.
• Impersonates another Person.
• 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 foreign states.
• Deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
• Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
• Contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another User/visitor.
• Is in the nature of an online game that is not verified as a permissible online game.
• Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.
• Violates any Applicable Law for the time being in force.

You agree and acknowledge that you shall not use the App/ Web for any illegal or unauthorized purpose/activities. You agree to comply with all Applicable Laws pertaining to your use of the App. You further agree and acknowledge that you shall use the services provided on the only for your personal use and not for business purposes.

USER’S POSTS AND REVIEWS

1. You further represent and warrant that the User Content shall not contain any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, the User Content shall not contain anything that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

1. Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under Applicable Laws of the country.

RIGHTS & RESERVATIONS

• Request additional documents and additional information from you for the purpose of your registration as a User with the website; and
• Deny access to the App/ Web or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under this EULA; and/or (iii) violation of any of the provisions of this EULA or any Applicable Laws.

TERMINATION OF ACCESS TO THE APP

Your User Account can be terminated at any time by:

• You, by ceasing to use the website.

The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of this EULA.

GOVERNING LAW AND DISPUTE RESOLUTION

This EULA shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in New Delhi, India. In the event of any dispute arising out of this EULA the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be LUCKNOW, India.

GRIEVANCE REDRESSAL MECHANISM

1. In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name: Shalu Srivastava
Address: 4/140, Vibhav khand, Gomti Nagar, Lucknow, pin code 226010.
Cell: +918360033970
Email: poojasadhna258@gmail.com

2. For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of this EULA or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made there under.

SECTION B: SPECIFIC TERMS OF ASTROLOGY SERVICES

INTRODUCTION

1. You should read the General Terms which govern your general use of the web/ App. Such General Terms including but not limited to the Privacy Policy are hereby incorporated by reference into this Specific Terms of Astrology Services.
2. Unless otherwise specified, all capitalised terms used herein shall have the meanings ascribed to them in the General Terms.

DISCLAIMER OF WARRANTIES

YOU AGREE AND UNDERSTAND THAT ANY ADVICE AND/OR CONSULTATION PROVIDED BY THE ASTROLOGER THROUGHOUT THE APP/ WEB IS SOLEY FOR EXTERTAINMENT PURPOSES AND IS NOT MEANT AS A SUBSTITUTE FOR SEEKING QUALIFIED PROFESSIONAL HELP. POOJASADHNA AND/OR THE ASTROLOGERS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY CAUSED TO YOU RESULTING FROM YOUR ACTS OR OMISSIONS IN FURTHERANCE TO THE ADVICE AND/OR CONSULTATION WITH THE ASTROLOGERS AND/OR CONTENT MADE AVAILABLE ON THE APP.

SECTION C: SPECIFIC TERMS OF PUJA SERVICES

INTRODUCTION

1. You should read the General Terms which governs your general use of the App/ Web. Such General Terms including but not limited to Privacy Policy are hereby incorporated by reference into these Specific Terms of Puja Services.

DISCLAIMER OF WARRANTIES

YOU AGREE AND UNDERSTAND THAT PUJA SERVICES CAN BE CANCELLED BY POOJASADHNA WITH OR WITHOUT PROVIDING ANY REASON AND/OR THE DATE AND TIME OF ANY OF THE PUJA SERVICES CAN BE CHANGED TO ANOTHER DATE AND TIME DUE TO OCCURRENCE OF ANY EVENT THAT IS BEYOND THE REASONABLE CONTROL OF POOJASADHNA AND SHALL INCLUDE, WITHOUT LIMITATION, HAPPENING OF AN UNFORESEEABLE EVENT NON-AVAILABILITY OF THE PRIEST, OVERLY CROWDED, VISITATION OF THE PREMISE OF THE TEMPLE OR THE RELIGIOUS INSTITUTION BY A SIGNIFICANT PERSON, SABOTAGE, FIRE, FLOOD, EXPLOSION, ACTS OF GOD, CIVIL COMMOTION, STRIKES, LOCKOUTS, RIOTS, INSURRECTION, WAR, ACTS OF GOVERNMENT, FOREIGN OR GOVERNMENTAL ORDER INCLUDING ORDERS OF LOCK-DOWN, QUARANTINE, AN OUTBREAK OF AN EPIDEMIC, PANDEMIC OR OTHER COMMUNICABLE DISEASES, CIVIL DISTURBANCES AND ANY OTHER SIMILAR EVENTS NOT WITHIN THE CONTROL OF POOJASADHNA AND WHICH POOJASADHNA IS NOT ABLE TO OVERCOME (SUCH RESCHEDULED TIME BEING CONSIDERED AUSPICIOUS BY THE PRIEST) AND IN SUCH AN EVENT, POOJASADHNA SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED TO YOU RESULTING FROM SUCH ACTS OR OMISSIONS.

SECTION D: SPECIFIC TERMS OF E-COMMERCE SERVICES

INTRODUCTION

1. This Specific Terms of E-Commerce Services (“Specific Terms of E-Commerce Services”), should be read in conjunction with the General Terms which governs your general use of the App/Website available at https://poojasadhna.com/ and the Privacy Policy available at https://poojasadhna.com/. The General Terms and the Privacy Policy are hereby incorporated by reference into these Specific Terms of E-Commerce Services.
2. The Specific Terms of E-Commerce Services and any other agreement that you may enter into with POOJASADHNA shall define your relationship and mutual expectations while you purchase the Products (defined below) on the App/Website. In order to purchase the Products on the App/Website, it shall be your responsibility to comply with the General Terms, the Specific Terms of E-Commerce Services and any other agreement that you may enter into with POOJASADHNA.
3. Unless otherwise specified, all capitalized terms used herein shall have the meaning ascribed to them in the General Terms.

SERVICES

1. You, as a User, shall be entitled to use the App/Website as platform for purchasing the Products provided by POOJASADHNA, which shall include without limitation (a) CRYSTALS (b) Rudtaksh (c) Karungali; (d) idols; and (e) such other items as POOJASADHNA may deem fit (“Products”).

DELIVERY

1. The charges for the delivery of the Products will be borne by the User, as communicated via the App/Website by POOJASADHNA at the time of placing the order. POOJASADHNA reserves the right to accept or reject an order placed by the User on the App/Website in part or in full. POOJASADHNA shall notify the User of its acceptance of the order, as soon as possible. POOJASADHNA may also require additional verification or information before accepting any order. All decisions in relation to the acceptance or rejection made by POOJASADHNA shall be final and binding. The User agrees not to challenge such decision in any manner whatsoever.
2. Once the order has been placed, the User agrees and acknowledges that the User cannot modify the order. The standard timeline for delivery of Products across India is 10 (Ten) business days. If POOJASADHNA is of the opinion that the dispatch time may take more than that indicated on the App/Website, POOJASADHNA will inform the User of a new dispatch time.

PAYMENT TERMS

1. Users shall be required to make a 100% (One Hundred Percent) pre-payment for the confirmation of the Products.
2. The App/Website permits payment via various modes, including online payments through debit/credit cards and internet banking or any other method adopted by POOJASADHNA from time to time.
3. While availing any of the payment method/s available on the App, POOJASADHNA will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
   • Lack of authorization for any transaction(s);
   • Exceeding the pre-limit mutually agreed by you and between bank/s;
   • Any payment issues arising out of the transaction; or
   • Rejection of transaction for any other reason(s) whatsoever.
4. All payments by you shall be compulsorily in Indian Rupees. It is expressly clarified that POOJASADHNA will not facilitate transaction with respect to any other form of currency with respect to the Products availed on the App/Website.
5. You acknowledge that POOJASADHNA will not be liable for any damages, interests, claims or losses resulting from or suffered on your User Account arising out of non-processing of a transaction/transaction amount or any delay in processing of a transaction/transaction amount which is beyond the control of POOJASADHNA.

RETURN POLICY

Returns are accepted within 7 days from the date of delivery, provided the products are in their original condition and packaging.

REFUND POLICY

Refunds, once approved, will be processed promptly and credited to the original payment method within 5 to 7 working days, in accordance with our refund procedures.

EXCHANGE POLICY

1. All Products offered for sale on the App/Website are described and pictured as completely and precisely as possible and in good faith. Despite all the necessary precautions taken, POOJASADHNA cannot be held liable for possible errors and the User acknowledges that the Product/s delivered to the User may vary from the Product/s displayed and pictured on the App/Website.
2. Products will be accepted and processed for exchange only within 7 business days from the day when the User receives the order (“Exchange Window”). Products cannot be exchanged after this time. The User shall be required to notify POOJASADHNA through e-mail to poojasadhna258@gmail.com, along with product images outlining the problem within the Exchange Window or in such other manner as may be indicated by POOJASADHNA. Product will be delivered within 7-10 days post receipt of the returned products.
3. Products can be exchanges within the Exchange Window if the User has received them in a condition that is physically damaged, has missing parts or accessories, or are defective.
4. Notwithstanding anything to the contrary contained in these Specific Terms of E-Commerce Services, Products may be eligible for replacement if (a) POOJASADHNA has the exact same item in stock; and (b) the User’s pin-code is serviceable for a replacement.
5. It is the User’s responsibility to pack the Product sought to be replaced in a manner indicated by POOJASADHNA. If the Product is damaged due to the Product not being packed in accordance with the instructions of POOJASADHNA, notwithstanding anything to the contrary contained in these Specific Terms of E-Commerce Services, POOJASADHNA shall have the right to not accept the replacement request of the User.
6. To ensure compliance with these provisions, while collecting the Product from the User, POOJASADHNA’s delivery agent/logistics partner may do a quality check on the returned Product.
7. All decisions in relation to the replacement requests made by POOJASADHNA shall be final and binding. The User agrees not to challenge such decision in any manner whatsoever.

CANCELLATION POLICY

1. If the User places an order and due to some reason POOJASADHNA is unable to deliver the Product, the order will be cancelled and the transaction amount, if already paid, will be refunded to the User.
2. Some situations that may result in the User’s order being cancelled include, without limitation, non-availability of the Products or quantities of Products ordered by the User, non-availability of the Services, inaccuracies or errors in pricing information, or occurrence of a force majeure event.
3. POOJASADHNA will contact the User if all or any portion of the User’s order is cancelled or if additional information is required to accept the User’s order.
4. If the User’s order is cancelled after the User has been charged, the transaction amount paid by the User will be refunded within 14 (Fourteen) business days.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND UNDERTAKE THAT YOU ARE PURCHASING THE PRODUCTS ON THE APP/WEBSITE AND TRANSACTING, AT YOUR OWN RISK AND ARE USING YOUR BEST AND PRUDENT JUDGEMENT BEFORE ENTERING INTO ANY TRANSACTIONS.

POOJASADHNA MAKES BEST EFFORTS TO DISPLAY AVAILABLE PRODUCTS, INCLUDING IN RESPECT OF THEIR COLOUR, SIZE, SHAPE AND APPEARANCE, AS ACCURATELY AS POSSIBLE. HOWEVER, AS THE SAME ARE REPRESENTATIVE, THE ACTUAL COLOR, SIZE, SHAPE AND APPEARANCE MAY HAVE VARIATIONS FROM THE DEPICTION ON YOUR MOBILE/COMPUTER/ DISPLAY SCREEN.

IN SUCH AN EVENT, POOJASADHNA SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED TO YOU RESULTING FROM SUCH ACTS OR OMISSIONS.