Effective Date: September 7, 2024
Website Covered: panditjiservice.com, panditjiservice.in, Panditji Mobile App
THE AGREEMENT: The use of this website and services on this website provided by
Leafinov Technologies Pvt Ltd (hereinafter referred to as "Owner") are subject to the
following Terms & Conditions (hereinafter the "Terms of Service"), all parts and subparts of which are specifically incorporated by reference here together with the
Privacy Policy. Following are the Terms of Service governing your use of
panditjiservice.com, panditjiservice.in, Panditji Mobile App (the "Website"), all pages
on the Website and any services provided by or on this Website ("Services").
By accessing either directly or through a hyperlink, the Website, and/or purchasing
something from us, you engage in our "Service" and agree to be bound by the Terms
of Service including those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service apply to all users of the
site, including without limitation vendors, buyers, customers, merchants, browsers
and/or contributors of content. You acknowledge and agree that the Website may
use your personal information in the manner described in our Privacy Policy which
sets forth how information collected about you is collected, used and stored.
1. DEFINITIONS
1.1. The parties referred to in these Terms of Service shall be defined as follows:
1.1.1. Owner, Us, We: The Owner, as the creator, operator, and publisher of the
Website, makes the Website, and certain Services on it, available to users. Leafinov
Technologies Pvt Ltd, Owner, Us, We, Our, Ours and other first-person pronouns will
refer to the Owner, as well as all employees and affiliates of the Owner.
1.1.2. You, the User, the Client: You, as the user of the Website, will be referred to
throughout these Terms of Service with second-person pronouns such as You, Your,
Yours, or as User or Client. For the purpose of these Terms of Service, the term
"User" or "you" shall mean any natural or legal person who is accessing the Website.
The term '"Your" shall be construed accordingly.
1.1.3. Parties: Collectively, the parties to these Terms of Service (the Owner and
You) will be referred to as Parties.
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2. ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms of
Service and that You agree to be bound by it. If You do not agree to be bound by
these Terms of Service, please leave the Website immediately. The Owner only
agrees to provide use of this Website and Services to You if You assent to these
Terms of Service. Further, based on the Services obtained by a User, additional
terms and conditions in respect of the specific Services may apply, which shall be
deemed an agreement between the Users and the Owner.
3. AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website, or any Services
contained herein. By using this Website, You represent and warrant that You are at
least 18 years of age and may legally agree to these Terms of Service. The Owner
assumes no responsibility or liability for any misrepresentation of Your age.
4. ABOUT THE SITE
The Website is an online store which carries out sales of the following: Hindu Ritual
Services by Pandit(s)/Brahman(s) at home or at partner temple, Various ingredients
of ritual like Prasad, Puja Samagri, Homa Samagri, decorative items for temple or
deities. Clothes, Ornaments for Deities. Ritual Event management services.
Accommodation services from partners, transportation services from partners. We
reserve the right to refuse service or refuse to sell the products on the Website at our
sole discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on and access the
Website. You assume all risks associated with dealing with other users with whom
you come in contact through the Website. You agree to use the Website only for
lawful purposes without infringing the rights of or restricting the use of this Website by
any third party.
5. LICENSE TO USE WEBSITE
5.1. The Owner may provide You with certain information as a result of Your use of
the Website or Services. Such information may include but is not limited to,
documentation, data, or information developed by the Owner, and other materials
which may assist in Your use of the Website or Services ("Owner Materials"). Subject
to these Terms of Service, the Owner grants You a non-exclusive, limited, nontransferable and revocable license to use the Owner Materials solely in connection
with Your use of the Website and Services. The Owner Materials may not be used for
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any other purpose and this license terminates upon Your cessation of use of the
Website or Services or at the termination of these Terms of Service.
5.2. You agree not to collect the contact information of other Users from the Website
or download or copy any information by means of unsolicited access so as to
communicate directly with them or for any reason whatsoever.
5.3. Any unauthorized use by you shall terminate the permission or license granted to
you by the Website and You agree that you shall not bypass any measures used by
the Owner to prevent or restrict access to the Website.
6. INTELLECTUAL PROPERTY
6.1. You agree that the Website and all Services provided by the Owner are the
property of the Owner, including all copyrights, trademarks, trade secrets, patents,
and other intellectual property ("Owner IP"). You agree that the Owner owns all
rights, title, and interest in and to the Owner IP and that You will not use the Owner
IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the
Owner IP in any way, including electronically or via registration of any new
trademarks, trade names, service marks or Uniform Resource Locators (URLs),
without express written permission from the Owner.
6.1.1. In order to make the Website and Services available to You, You hereby grant
the Owner a royalty-free, non-exclusive, worldwide license to copy, display, use,
broadcast, transmit and make derivative works of any content You publish, upload or
otherwise make available to the Website ("Your Content"). The Owner claims no
further proprietary rights in Your Content.
6.1.2. If You feel that any of Your intellectual property rights have been infringed or
otherwise violated by the posting of information or media by another of Our users,
please contact Us and let Us know.
7. USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When
You do so, You will choose a user identifier, which may be Your email address or
another term, as well as a password. You may also provide personal information,
including, but not limited to, Your name. You are responsible for ensuring the
accuracy of this information. This identifying information will enable You to use the
Website and Services. You must not share such identifying information with any third
party and if You discover that Your identifying information has been compromised,
You agree to notify Us immediately in writing. An email notification will suffice. You
are responsible for maintaining the safety and security of Your identifying information
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as well as keeping Us apprised of any changes to Your identifying information. The
billing information You provide us, including credit card, billing address and other
payment information, is subject to the same confidentiality and accuracy
requirements as the rest of Your identifying information. Providing false or inaccurate
information or using the Website or Services to further fraud or unlawful activity is
grounds for immediate termination of these Terms of Service. The Owner reserves
the right to refuse service, terminate accounts, or remove or edit content in its sole
discretion.
8. PAYMENT & FEES
Should You register for any of the paid Services on this website or purchase any
product or service on this website, You agree to pay Us the specific monetary
amounts required for that product or those Services. These monetary amounts
("Fees") will be described to You during Your account registration and/or confirmation
process. The final amount required for payment will be shown to You immediately
prior to purchase. Payment for any on-going Services is billed automatically until You
notify Us that You would like to terminate Your access to the Services.
We reserve the right to refuse service or refuse to sell the products on the Website at
our sole discretion to anyone for any reason at any time.
9. ACCEPTABLE USE
9.1. You agree not to use the Website or Services for any unlawful purpose or any
purpose prohibited under this clause. You agree not to use the Website or Services
in any way that could damage the Website, Services or general business of the
Owner.
9.2. You further agree not to use the Website or Services:
9.2.1. To harass, abuse, or threaten others or otherwise violate any person's
legal rights;
9.2.2. To violate any intellectual property rights of the Owner or any third party;
9.2.3. To upload or otherwise disseminate any computer viruses or other
software that may damage the property of another;
9.2.4. To perpetrate any fraud;
9.2.5. To engage in or create any unlawful gambling, sweepstakes, or pyramid
scheme;
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9.2.6. To publish or distribute any obscene or defamatory material;
9.2.7. To publish or distribute any material that incites violence, hate or
discrimination towards any group;
9.2.8. To unlawfully gather information about others.
9.3. You are prohibited from using the site or its content: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to
infringe on any third party's intellectual property or proprietary rights, or rights of
publicity or privacy, whether knowingly or unknowingly; (d) to violate any local,
federal or international law, statute, ordinance or regulation; ((e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to
submit false or misleading information or any content which is defamatory, libelous,
threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious
or pornographic, or exploits minors in any way or assists in human trafficking or
content that would violate rights of publicity and/or privacy or that would violate any
law; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or
of any related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to damage, disable, overburden, or impair the
Website or any other party's use of the Website; (j) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website, other
websites, or the Internet; (l) to personally threaten or has the effect of personally
threatening other Users. We reserve the right to terminate your use of the Service or
any related website for violating any of the prohibited uses. We reserve the full
authority to review all content posted by Users on the Website. You acknowledge
that the Website is not responsible or liable and does not control the content of any
information that may be posted to the Website by You or other User of the Website
and you are solely responsible for the same. You agree that You shall not upload,
post, or transmit any content that you do not have a right to make available (such as,
the intellectual property of another party).
9.4. You agree to comply with all applicable laws, statutes and regulations
concerning your use of the Website and further agree that you will not transmit any
information, data, text, files, links, software, chats, communication or other materials
that are abusive, invasive of another's privacy, harassing, defamatory, vulgar,
obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or
otherwise objectionable, including without limitation material of any kind or nature that
encourages conduct that could constitute a criminal offence, give rise to civil liability
or otherwise violate any applicable local, state, provincial, national, or international
law or regulation, or encourage the use of controlled substances.
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9.5. We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libellous,
defamatory, pornographic, obscene or otherwise objectionable or violates any party's
intellectual property or these Terms of Service.
9.6. You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).
10. COMMUNICATION
You understand that each time use the Website in any manner, you agree to these
Terms. By agreeing to these Terms, you acknowledge that you are interested in
availing and purchasing the Services that you have selected and consent to receive
communications via phone or electronic records from the Website including e-mail
messages telling you about products and services offered by the Website (or its
affiliates and partners) and understanding your requirements. Communication can
also be by posting any notices on the Website. You agree that the communications
sent to You by the Website shall not be construed as spam or bulk under any law
prevailing in any country where such communication is received.
11. AFFILIATE MARKETING & ADVERTISING
The Owner, through the Website and Services, may engage in affiliate marketing
whereby the Owner receives a commission on or percentage of the sale of goods or
services on or through the Website. The Owner may also accept advertising and
sponsorships from commercial businesses or receive other forms of advertising
compensation.
12. PRIVACY INFORMATION
12.1. Through Your Use of the Website and Services, You may provide Us with
certain information. By using the Website or the Services, You authorize the Owner
to use Your information in India and any other country where We may operate.
12.2. Information We May Collect or Receive: When You register for an account, You
provide Us with a valid email address and may provide Us with additional information,
such as Your name or billing information. Depending on how You use Our Website or
Services, We may also receive information from external applications You use to
access Our Website, or We may receive information through various web
technologies, such as cookies, log files, clear gifs, web beacons or others.
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12.3. How We Use Information: We use the information gathered from You to ensure
Your continued good experience on Our website, including through email
communication. We may also track certain of the passive information received to
improve Our marketing and analytics, and for this, We may work with third-party
providers.
12.4. How You Can Protect Your Information: If You would like to disable Our access
to any passive information We receive from the use of various technologies, You may
choose to disable cookies in Your web browser. Please be aware that the Owner will
still receive information about You that You have provided, such as Your email
address.
12.5. Upon termination or deletion of the account all personal data associated with
your account, including backups, will be permanently deleted unless required to be
required to be retained by applicable law or for legitimate business purposes. During
the retention period, your data will be securely maintained in accordance with our
policies, and once deleted, the process is irreversible. It is your responsibility to
ensure that any data you wish to retain is downloaded or transferred before deletion
occurs.
13. SALE OF GOODS/SERVICES
13.1. The Owner may sell goods or services or allow third parties to sell goods or
services on the Website. The Owner undertakes to be as accurate as possible with
all information regarding the goods and services, including product descriptions and
images. However, the Owner does not guarantee the accuracy or reliability of any
product information and You acknowledge and agree that You purchase such
products at Your own risk. For goods or services sold by others, the Owner assumes
no liability for any product and cannot make any warranties about the merchantability,
fitness, quality, safety or legality of these products. For any claim You may have
against the manufacturer or seller of the product, You agree to pursue that claim
directly with the manufacturer or seller and not with the Owner. You hereby release
the Owner from any claims related to goods or services manufactured or sold by third
parties, including any and all warranty or product liability claims.
13.2. We may, in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. Any orders including orders by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address may be subject to the above. We may restrict the sales of
products or Services to any person, geographic region or jurisdiction at our sole
discretion as we may decide on a case-by-case basis.
13.3. We further reserve an absolute right to refuse any order placed by any person
and to limit or prohibit orders that, in our sole judgment, appear to be placed by
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dealers, resellers or distributors. If we cancel your order, we will contact the e-mail
and/or billing address/phone number provided at the time the order was made.
13.4. We take care to accurately display the colours and images of our products but,
we cannot guarantee that your computer or phone screen's display of any colour will
be accurate. We also do not provide any warranties that the quality of any products,
services, information, or other material purchased or obtained by you will meet your
expectations and standards, or that any errors in the Service will be corrected. Prices
and descriptions of products are subject to change at any time without notice, at our
sole discretion. We may remove or discontinue any products from our site without
prior notice. Any offer for any product or service made on this site is void where
prohibited.
13.5. We may provide you with access to third-party tools over which we neither
monitor nor have any control or input. You acknowledge and agree that we provide
access to such tools "as is" and "as available" without any warranties,
representations or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use of optional third-party
tools. Any use by you of optional tools offered through the site is entirely at your own
risk and discretion and you should ensure that you are familiar with and approve of
the terms on which tools are provided by the relevant third-party provider(s).
14. SHIPPING/DELIVERY/RETURN POLICY
14.1. You agree to ensure payment for any items You may purchase from Us and
You acknowledge and affirm that prices are subject to change. We reserve the right
to reject or cancel an order for any reason, including errors or omissions in the
information You provide to Us. If We do so after payment has been processed, We
will issue a refund to You in the amount of the purchase price. We also may request
additional information from You prior to confirming a sale and We reserve the right to
place any additional restrictions on the sale of any of Our products. For the sale of
digital products, We will charge Your credit or debit card when the product is made
available to You for digital use and/or download. For any questions, concerns, or
disputes, You agree to contact Us in a timely manner at the following:
help@panditjiservice.com. If You are unhappy with a service being sold on Our
Website, You may request a refund.
14.2. If You are unhappy with anything You have purchased on Our Website, You
may do the following:
Customers can contact the company using the email, contact center no as
mentioned in the website. Once the return is confirmed by the company, the
company will communicate any further proceedings of refund.
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14.3. We will make reimbursements for returns without undue delay, and not later
than:
14.3.1. 30 days after the day we received back from you any goods supplied; or
14.3.2. (if earlier) 30 days after the day you provide evidence that you have
returned the goods; or
14.3.3. if there were no goods supplied, 30 days after the day on which we are
informed about your decision to cancel this contract.
14.4. We will make the reimbursement using the same means of payment as you
used for the initial transaction unless you have expressly agreed otherwise; in any
event, you will not incur any fees as a result of the reimbursement.
15. REVERSE ENGINEERING & SECURITY
15.1. You agree not to undertake any of the following actions:
15.1.1. Reverse engineer, or attempt to reverse engineer or disassemble any
code or software from or on the Website or Services;
15.1.2. Violate the security of the Website or Services through any unauthorized
access, circumvention of encryption or other security tools, data mining or
interference to any host, user or network.
16. DATA LOSS
The Owner does not accept responsibility for the security of Your account or content.
You agree that Your use of the Website or Services is at Your own risk.
17. INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable)
and hold Us harmless against any and all legal claims and demands, including
reasonable attorney's fees, which may arise from or relate to Your use or misuse of
the Website or Services, Your breach of these Terms of Service, or Your conduct or
actions. You agree that the Owner shall be able to select its own legal counsel and
may participate in its own defence if the Owner wishes.
18. SPAM POLICY
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You are strictly prohibited from using the Website or any of the Owner's Services for
illegal spam activities, including gathering email addresses and personal information
from others or sending any mass commercial emails.
19. THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other services. You
agree that the Owner is not responsible or liable for any loss or damage caused as a
result of Your use of any third-party services linked to or from Our Website.
20. MODIFICATION & VARIATION
20.1. The Owner may, from time to time and at any time without notice to You, modify
these Terms of Service. You agree that the Owner has the right to modify these
Terms of Service or revise anything contained herein. You further agree that all
modifications to these Terms of Service are in full force and effect immediately upon
posting on the Website and that modifications or variations will replace any prior
version of these Terms of Service unless prior versions are specifically referred to or
incorporated into the latest modification or variation of these Terms of Service.
20.2. To the extent any part or sub-part of these Terms of Service is held ineffective
or invalid by any court of law, You agree that the prior, effective version of these
Terms of Service shall be considered enforceable and valid to the fullest extent.
20.3. You agree to routinely monitor these Terms of Service and refer to the Effective
Date posted at the top of these Terms of Service to note modifications or variations.
You further agree to clear Your cache when doing so to avoid accessing a prior
version of these Terms of Service. You agree that Your continued use of the Website
after any modifications to these Terms of Service is a manifestation of Your
continued assent to these Terms of Service.
20.4. In the event that You fail to monitor any modifications to or variations of these
Terms of Service, You agree that such failure shall be considered an affirmative
waiver of Your right to review the modified Agreement.
21. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with
respect to any and all use of this Website. This Agreement supersedes and replaces
all prior or contemporaneous agreements or understandings, written or oral,
regarding the use of this Website.
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22. SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website to perform
maintenance or emergency services on a scheduled or unscheduled basis. You
agree that Your access to the Website may be affected by unanticipated or
unscheduled downtime, for any reason, but that the Owner shall have no liability for
any damage or loss caused as a result of such downtime.
23. TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at any time for any
reason, with or without cause. The Owner specifically reserves the right to terminate
these Terms of Service if You violate any of the terms outlined herein, including, but
not limited to, violating the intellectual property rights of the Owner or a third party,
failing to comply with applicable laws or other legal obligations, and/or publishing or
distributing illegal material. If You have registered for an account with Us, You may
also terminate these Terms of Service at any time by contacting Us and requesting
termination. Please keep in mind that any outstanding fees will still be due even after
termination of Your account. At the termination of these Terms of Service, any
provisions that would be expected to survive termination by their nature shall remain
in full force and effect.
24. NO WARRANTIES
24.1. You agree that Your use of the Website and Services is at Your sole and
exclusive risk and that any Services provided by Us are on an "As Is" basis. The
Owner hereby expressly disclaims any and all express or implied warranties of any
kind, including, but not limited to the implied warranty of fitness for a particular
purpose and the implied warranty of merchantability. The Owner makes no
warranties that the Website or Services will meet Your needs or that the Website or
Services will be uninterrupted, error-free, or secure. The Owner also makes no
warranties as to the reliability or accuracy of any information on the Website or
obtained through the Services. You agree that any damage that may occur to You,
through Your computer system, or as a result of the loss of Your data from Your use
of the Website or Services is Your sole responsibility and that the Owner is not liable
for any such damage or loss.
24.2. All information, software, products, services and related graphics provided on
this site are "as is" and "as available" basis without warranty of any kind, either
expressed or implied. The Website disclaims all warranties, expressed or implied
including, without limitation, all implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement or arising from a course of dealing,
usage, or trade practice. We makes no representation about the suitability of the
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information, software, products, and services contained on this Website for any
purpose, and the inclusion or offering of any products or services on this Website
does not constitute any endorsement or recommendation of such products or
services.
24.3. The Website makes no warranty that the use of the Website will be
uninterrupted, timely, secure, without defect or error-free. You expressly agree that
the use of the site is at your own risk. The Website shall not be responsible for any
content found on the Website.
24.4. Your use of any information or materials on this site or otherwise obtained
through the use of this Website is entirely at your own risk, for which we shall not be
liable. It shall be your own responsibility to ensure that any products, services or
information available through this website meet your specific requirements.
24.5. The Website assumes no responsibility for the accuracy, currency,
completeness or usefulness of information, views, opinions, or advice in any material
contained on the Website. Any information from third parties or advertisers is made
available without making any changes and so the Website cannot guarantee
accuracy and is not liable for any inconsistencies arising thereof. All postings,
messages, advertisements, photos, sounds, images, text, files, video, or other
materials posted on, transmitted through, or linked from the Website, are solely the
responsibility of the person from whom such Content originated, and the Website
does not control and is not responsible for Content available on the Website.
24.6. There may be instances when incorrect information is published inadvertently
on our Website or in the Service such as typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. Any errors, inaccuracies, or omissions
may be corrected at our discretion at any time, and we may change or update
information or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after you have
submitted your order).
24.7. We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the Service
or on any related website should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
24.8. The Website shall not be responsible for any interaction between you and the
other users of the Website. Under no circumstances will the Website be liable for any
goods, services, resources, or content available through such third-party dealings or
communications, or for any harm related thereto. The Website is under no obligation
to become involved in any disputes between you and other users of the Website or
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between you and any other third parties. You agree to release the Website from any
and all claims, demands, and damages arising out of or in connection with such
dispute.
24.9. You agree and understand that while the Website has made reasonable efforts
to safeguard the Website, it cannot and does not ensure or make any
representations that the Website or any of the information provided by You cannot be
hacked by any unauthorised third parties. You specifically agree that the Website
shall not be responsible for unauthorized access to or alteration of Your
transmissions or data, any material or data sent or received or not sent or received,
or any transactions entered into through the Website.
24.10. You hereby agree and confirm that the Website shall not be held liable or
responsible in any manner whatsoever for such hacking or any loss or damages
suffered by you due to unauthorized access of the Website by third parties or for any
such use of the information provided by You or any spam messages or information
that You may receive from any such unauthorised third party (including those which
are although sent representing the name of the Website but have not been
authorized by the Website) which is in violation or contravention of this Terms of
Service or the Privacy Policy.
24.11. You specifically agree that the Website is not responsible or liable for any
threatening, defamatory, obscene, offensive, or illegal content or conduct of any
other party or any infringement of another's rights, including intellectual property
rights. You specifically agree that the Website is not responsible for any content sent
using and/or included on the Website by any third party.
24.12. The Website has no liability and will make no refund in the event of any delay,
cancellation, strike, force majeure, or other causes beyond their direct control, and
they have no responsibility for any additional expense omissions delays or acts of
any government or authority.
24.13. You will be solely responsible for any damage to your computer system or loss
of data that results from the download of any information and/or material. Some
jurisdictions do not allow the exclusion of certain warranties, so some of the above
exclusions may not apply to you.
24.14. In no event shall the Website be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any damages whatsoever 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 site, with the delay or inability to use
the site or related services, the provision of or failure to provide Services, or to deliver
the products or for any information, software, products, services and related graphics
obtained through the site, or any interaction between you and other participants of
the Website or otherwise arising out of the use of the Website, damages resulting
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from use of or reliance on the information present, whether based on contract, tort,
negligence, strict liability or otherwise, even if the Website or any of its
affiliates/suppliers has been advised of the possibility of damages. If despite the
limitation above, We are found liable for any loss or damage which arises out of or in
any way connected with the use of the Website and/or provision of Services, then the
liability will in no event exceed, 50% (Fifty percent) of the amount you paid to Us in
connection with such transaction(s) on this Website.
24.15. You accept all responsibility for and hereby agree to indemnify and hold
harmless Us from and against, any actions taken by you or by any person authorized
to use your account, including without limitation, disclosure of passwords to third
parties. By using the Website, you agree to defend, indemnify, and hold harmless the
indemnified parties from any and all liability regarding your use of the site or
participation in any site's activities. If you are dissatisfied with the Website, or the
Services or any portion thereof, or do not agree with these terms, your only recourse
and exclusive remedy shall be to stop using the site.
25. LIMITATION ON LIABILITY
The Owner is not liable for any damage that may occur to You as a result of Your use
of the Website or Services, to the fullest extent permitted by law. The maximum
liability of the Owner arising from or relating to these Terms of Service is limited to
the lesser of Rs. 1000 (Rupees One Thousand only) or the amount You paid to the
Owner in the last six (6) months. This section applies to any and all claims by You,
including, but not limited to, lost profits or revenues, consequential or punitive
damages, negligence, strict liability, fraud, or torts of any kind.
26. GENERAL PROVISIONS:
26.1. LANGUAGE: All communications made or notices given pursuant to these
Terms of Service shall be in the English language.
26.2. JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the
Website or Services, You agree that the laws of India shall govern any matter or
dispute relating to or arising out of these Terms of Service, as well as any dispute of
any kind that may arise between You and the Owner, with the exception of its conflict
of law provisions. In case any litigation specifically permitted under these Terms of
Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the
courts at Khordha, Odisha, India. The Parties agree that this choice of law, venue,
and jurisdiction provision is not permissive, but rather mandatory in nature. You
hereby waive the right to any objection of venue, including assertion of the doctrine of
forum non-conveniens or similar doctrine.
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26.3. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be
assigned, sold, leased or otherwise transferred in whole or part by You. Should these
Terms of Service, or the rights granted hereunder, by assigned, sold, leased or
otherwise transferred by the Owner, the rights and liabilities of the Owner will bind
and inure to any assignees, administrators, successors and executors.
26.4. SEVERABILITY: If any part or sub-part of these Terms of Service is held
invalid or unenforceable by a court of law or competent arbitrator, the remaining parts
and sub-parts will be enforced to the maximum extent possible. In such condition, the
remainder of these Terms of Service shall continue in full force.
26.5. NO WAIVER: In the event that We fail to enforce any provision of these Terms
of Service, this shall not constitute a waiver of any future enforcement of that
provision or of any other provision. Waiver of any part or sub-part of these Terms of
Service will not constitute a waiver of any other part or sub-part.
26.6. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts
under these Terms of Service are for convenience and organization, only. Headings
shall not affect the meaning of any provisions of these Terms of Service.
26.7. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership,
or joint venture has been created between the Parties as a result of these Terms of
Service. No Party has any authority to bind the other to third parties.
26.8. FORCE MAJEURE: The Owner is not liable for any failure to perform due to
causes beyond its reasonable control including, but not limited to, acts of God, acts
of civil authorities, acts of military authorities, riots, embargoes, acts of nature and
natural disasters, and other acts which may be due to unforeseen circumstances.
26.9. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications
are permitted to both Parties under these Terms of Service, including e-mail or fax.
For any questions or concerns, please email Us at the following address:
help@panditjiservice.com.
Address: B06, Nandadevi Apartments, Khordha, Odish