This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.ibhakti.com and the mobile application iBhakti is owned by Devotee E-Solutions Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Gala no 1, Khira Industrial Estate, S. T. Road, Santacruz (W), Mumbai - 400054, Maharashtra, India, and its affiliates (hereinafter referred to as "iBhakti").
Your use of iBhakti and services and tools are governed by the following terms and conditions ("Terms") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on iBhakti, You shall be subject to the policies that are applicable to iBhakti for such transaction. By mere use of the iBhakti, You shall be contracting with Devotee E-Solutions Private Limited and these terms and conditions including the policies constitute Your binding obligations, with iBhakti.
For the purpose of these Terms, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on iBhakti by providing Registration Data while registering on iBhakti as Registered User using the computer systems. iBhakti allows the User to surf the website or mobile application or making purchases without registering on the website or mobile application. The term "Service Providers" mean independent third party service providers. The term "We", "Us", "Our" shall mean Devotee E-Solutions Private Limited.
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, etc.), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and shall be considered as part and parcel of this Terms. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. It is Your responsibility to review these Terms periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
By subscribing to or using any of our services You agree that You have read, understood and are bound by the Terms, regardless of how You subscribe to or use the services. If You do not want to be bound by the Terms, You must not subscribe to or use our services.
These Terms shall come into effect on 0000 hours India Standard Time on August 27, 2014.All further updates and changes shall specify the date on which the update will be in effect from.
As a new Registered User, these Terms shall be effective and binding upon your "acceptance". "Acceptance" shall mean your affirmative action in clicking on "check box" against "Agree to Terms & Conditions" and on the "Register Me" button as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions, please do not click on the "check box" and on the "Register Me" button and do not seek to obtain access to or otherwise use the Website/ Mobile App.
iBhakti is Internet based content/e-commerce portal and mobile app owned and operated exclusively by Devotee E-solutions Private Limited.
Use of iBhakti is offered to You conditioned on acceptance without modification of all the Terms, conditions and notices contained in these Terms, as may be posted on the website & mobile app from time to time. iBhakti at its sole discretion reserves the right not to accept a User from registering on the iBhakti without assigning any reason thereof.
Use of the iBhakti is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents or persons of un-sound mind etc. are not eligible to use iBhakti. If You are a minor i.e. under the age of 18 years, You shall not register as a member of iBhakti and shall not purchase for any items on iBhakti. As a minor if You wish to purchase an item on iBhakti such purchase or sale may be made by your legal guardian or parent who has registered as Users of iBhakti after accepting the Terms. iBhakti reserves the right to terminate your membership and refuse to provide You with access to iBhakti if it is brought to Our notice or if it is discovered that You are under the age of 18 years.
You will receive a password and account designation upon completing the iBhakti registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your User ID and password or account. You agree to (a) immediately notify iBhakti of any unauthorized use of your password or account or any other breach of security, and (b) ensure that You exit from your account at the end of each session. iBhakti cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree, inter alia, to: (1). provide true, accurate, current and complete information about yourself as prompted by Our registration form (such information being the "Registration Data") If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, iBhakti has the right to indefinitely suspend or terminate your membership with iBhakti and refuse to provide You with access to iBhakti.
When You use iBhakti or send emails or other data, information or communication to Us, You agree and understand that You are communicating with iBhakti through electronic records and You consent to receive communications via electronic records from iBhakti periodically and as and when required. iBhakti will communicate with You by email registered with Us or by such notice or electronic records on iBhakti which will be deemed adequate service of notice or electronic record.
iBhakti provides a number of Internet based services through its website and mobile application (all such services, collectively, the "Service(s)"). iBhakti provides You with delivery of premium quality of Prasad, food items and other allied consumable products. (all such products, collectively, the "Product(s)") It also provides with books, scripts, graphics, photos, sounds, music, videos, and other materials. iBhakti also offers a number of other services on its website mobile app, such as message boards, forums, blogs and newsletters, which may change from time to time.
"Your Information" is defined as any information You provide to Us or other Users of iBhakti in the registration, buying process, in the feedback area or through any e-mail feature.
The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from iBhakti. 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 iBhakti is not permitted.
You agree, undertake and confirm that your use of iBhakti shall be strictly governed by the following binding principles:
By way of example, and not as a limitation, You agree and undertake that when using a service, You will not:
While We use and provide the best quality of products, Services, information, or other material purchased or obtained by You through iBhakti, We are not responsible or liable under any circumstances if they do not meet your expectations.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Devotee E-Solurions Private Limited owns all Intellectual Property Rights to and into iBhakti, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that You will not use, reproduce or distribute any content from iBhakti belonging to US without obtaining Our prior written authorization.
Notwithstanding the foregoing, it is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which You may upload, transmit or store when making use of Our various Services.
iBhakti may contain links to other websites & mobile apps ("Linked Sites"). The Linked Sites are not under the control of iBhakti nor is iBhakti responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Sites, or any changes or updates to a Linked Sites. iBhakti is not responsible for any form of transmission, whatsoever, received by You from any Linked Sites. iBhakti is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by iBhakti or iBhakti of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
iBhakti strives to provide its Services to people all across the globe, however We will not be responsible if any governmental agency or customs department of your country confiscates or detains the product upon a valid purchase from Us. We will further not be responsible or liable for any delay or damage caused to the product due to such confiscation or detainment. While we strive hard to ensure that the our packaging meets international standards to ensure a hassle free movement and delivery of our Services to our User, we do not assure or guarantee that a stand contrary to the above will not be taken by any governmental agency or department of your country.
iBhakti is further not responsible if the package seal is opened by any governmental agency or department to view and verify the contents of the product, while we ensure that all shipments made by us will carry all important declaration and information that may be required to identify the contents of the package.
You agree to solely bear any extra local taxes or duty or levies that may be applied by any governmental agency of your country.
While we try to use the best and premium quality of products and undertake to keep all perishable food items hygienic and in a consumable condition, iBhakti will not be responsible for any User falling sick or having any allergic reaction due to ingestion of our product.
We hereby explicity state that iBhakti does not have Food and Drug Authorities or like department approvals of all countries and therefore all consumption of our products should be at your own risk.
iBhakti will not be responsible if the product is not consumed within the prescribed time period or is not stored under suggested conditions or once the product package seal has been opened. iBhakti will further not be responsible if the quality of our product deteriorates due to delay in delivery of the product due to any confiscation or detention of the package by any governmental agency of your country.
iBhakti endeavors to ensure that all the information on t iBhakti is correct, but iBhakti neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall iBhakti be liable for any direct, indirect, express, implied, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the iBhakti or any of its Services. Neither shall iBhakti be responsible for the delay or inability to use iBhakti or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through iBhakti, or otherwise arising out of the use of iBhakti, whether based on contract, tort, negligence, strict liability or otherwise. Further, iBhakti shall not be held responsible for non-availability of iBhakti during periodic maintenance operations or any unplanned suspension of access to iBhakti that may occur due to technical reasons or for any reason beyond Our control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through iBhakti is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
iBhakti will not be responsible for any delay or non-delivery of its Services in event of any force majeur conditions or any condition beyond the reasonable control of iBhakti. iBhakti is further not responsible for poor or slow connection of the internet of the User which may disable the User to stream or download the video or audio files properly. All videos on iBhakti are on .avi format and iBhakti will not be responsible if the Users computer or mobile phone or tablet or television etc. is not compatible. We strongly recommend the User to verify the compatibility of .avi format and their internet connection speed before making any transaction on iBhakti. iBhakti reserves the right to send the video at a later date if same is not sent due to any technical error however the User will be notified about the same at least 2 days in advance. iBhakti further reserves the right to cancel, terminate or refund the User's transaction at its sole discretion if for any reason iBhakti is unable to send the video to the User at all.
You agree to irrevocable and forever indemnify, defend and hold harmless iBhakti and the directors, investors, partners, temples and persons who shall be associated with iBhakti from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by iBhakti and/or its directors, investors, partners, temples and persons 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. We hereby explicitly state that iBhakti is only a digital platform facilitating online darshan, prasad order and subscribe aarti of various deities and temples and does not intends to hurt or offend yours or anyone's sentiments and that iBhakti will not be responsible or liable under any circumstances for the same. You hereby further agree and undertake to indemnify iBhakti if any action or punishment is imposed against iBhakti due to any disturbance caused including sentiments by the product Services or images that we provide by any governmental agency of your country.
Prices for products are described on iBhakti and are incorporated into these Terms by reference. All prices are in Indian Rupees only. Prices of Services may change at any time at Our sole discretion.
Membership on iBhakti is free. In particular, iBhakti may at its sole discretion introduce new services and modify some or all of the existing Services offered on iBhakti from time-to-time. In such an event iBhakti reserve the right to introduce, increase or reduce fees, as applicable, for the new as well as existing services offered. Changes to the fee and credit policies shall be posted on iBhakti and such changes shall automatically become effective immediately after they are posted on iBhakti. Unless otherwise stated, all fees shall be quoted in Indian Rupees and will be payable to Us within such time and manner as specified in the invoice.
iBhakti reserves the right to issue a warning, temporarily or indefinitely suspend or terminate your membership of iBhakti and further reserves the right to refuse to provide You with access to iBhakti in case of non-payment of fees for Services purchased or ordered by You from iBhakti. iBhakti also reserves the right to take such legal action as its deems necessary and appropriate in case of non-payment of fees by You to Us.
Title and risk of loss for all Services ordered by You shall pass on to You upon iBhakti's shipment to the logistics or shipping carrier as applicable. iBhakti is further not responsible or liable for any confiscation of any of our product or package by any governmental agency including but not limited to customs department of your country. We will further not be responsible for any delay caused by such confiscation as stated above.
All purchases on iBhakti are a firm commitment from You to purchase. If You are the purchaser for any item and your purchase is accepted by Us, You are obligated to complete the transaction.
An action to purchase may be increased in price or volume later but may not be withdrawn. Purchases cannot be canceled. By purchasing an item You agree to be bound by the Terms and other conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the Terms or unlawful. iBhakti strongly advises You not to test the site with false purchases, as it will put You at a legal as well as a financial obligation and risk. It is an offence to use a false name, other false personal information or a known invalid Credit Card/Debit Card to make a purchase. Please be aware that even if You do not give iBhakti your real name, your web browser transmits a unique address to Us, which can be used by law enforcement agencies and officials to identify You.
Notwithstanding the foregoing, if You breach the Terms or the documents it incorporates by reference, iBhakti reserves the right to recover any amounts due and liable from You to iBhakti and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating civil and/or criminal or such other proceedings as it deems fit and appropriate against You.
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra.
We encourage all our Users, members, subscribers and buyers of iBhakti to provide us with their valuable feedback after the transaction has been completed or closed. Your feedback will be displayed along with your User ID. You should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use iBhakti by You contained herein or any other section or pages of iBhakti or any Linked Sites in any manner whatsoever.
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
iBhakti and its suppliers, affiliates and service provider provide iBhakti and various other services on "as is" basis and without any warranty or condition, express, implied, direct or indirect or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of iBhakti is at your risk.
The Payment Gateways are all secure 3rd party secure Payment Gateways. These gateways have had online security check clearances from all national and international credit card companies and have all other necessary statutory government clearances. However iBhakti is in no way responsible for any leak in information or any wrong use of information or any wrong transaction or stolen information or transactions that may occur due to any security breach in the bank or 3rd party servers.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, Users are solely responsible for every material or content uploaded on iBhakti. iBhakti does not review the contents in any way before they appear on iBhakti. iBhakti does not verify, endorse or otherwise vouch for the contents of any User or any content generally posted or uploaded on iBhakti. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If You come across any abuse or violation of these Terms, we strongly advise You to report to Us at the earliest.
You agree and acknowledge that the right, title, interest and ownership in the devotional content being downloaded/viewed by You shall always vest with Devotee E-Solution Pvt Ltd's licensors and/or content owners (as the case may be) and that you have NOT been granted any license, either directly or indirectly, in respect of any intellectual property emanating/relating to the devotional content herein. You further undertake that You shall not do anything that would adversely affect the ownership/proprietary/intellectual property rights of Devotee E-Solution Pvt Ltd's licensors and/or content owners (as the case may be) in the devotional content.