2. BUSINESS POLICY
3. ELIGIBILITY TO USE SITE
4. SIGNUP/ REGISTRATION
6. USE OF MATERIALS
7. PURCHASES, GUARANTEES AND PAYMENT
8. SHIPPING AND DELIVERY OF THE PRODUCTS
9. CANCELLATION/ RE-SCHEDULING OF SERVICES/ REFUND
10. CUSTOMER CARE
11. PROHIBITED ACTIVITIES
12. INTELLECTUAL PROPERTY RIGHTS
13. CONTRIBUTION LICENSE
14. GUIDELINES FOR CONTRIBUTIONS
15. SOCIAL MEDIA
17. SITE MANAGEMENT
18. COPYRIGHT INFRINGEMENTS
19. TERM AND TERMINATION
20. MODIFICATIONS AND INTERRUPTIONS
21. GOVERNING LAW AND RESOLUTION
24. LIMITATIONS OF LIABILITY
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. FORCE MAJUERE
IF ANY TIME YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR SERVICES OFFERED HEREIN AND YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.
(2.) BUSINESS POLICY
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
(3.) ELIGIBILITY TO USE SITE
Services and facilities provided herein are not available for minors. It shall be your duty to ensure that you are eligible to enter into a contract as per your local laws. If you do not conform to the above qualification, you are not permitted to avail of the Services. You represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the applicable laws.
Karishye reserves its rights to reject or grant the access to a new user or terminate the access of existing users, at any time without providing any reason.
In general, a person who has attained the age of (18) eighteen years is not considered a minor. However, we advise to check your local laws to comply with the provisions.
(4.) SIGNUP/ REGISTRATION
You may be required to Signup/Register on Site, which option is made available only to the person who can form legally binding contracts as per the applicable law. Persons who are “incompetent to contract” such as minors, un-discharged insolvents etc. are not eligible to register on the Site. As a minor if the User wishes to use the Site, the User shall be registered by a legal guardian or parents on the Site. If it comes to the knowledge of Karishye that the User registered on the Site via providing the personal information, is a minor, the User shall be removed from the Site immediately.
The Signup/Registration process enables a User to access the Services that are rendered by Karishye. The User shall be required to Signup/Register on the Site by providing username, email address, name, cellphone number, password, et al. The User shall be responsible for maintaining confidentiality of his/her username/ display name and password and shall be responsible for all activities that occur under/ from his/her account. The User agrees and acknowledges that he/she will provide accurate, complete and updated information in order to Signup/Register on the Site to use the Services.
(a) User Representations
By using the Site, the User represents and warrants that:
In all of the above conditions, Karishye has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
(b) Karishye Representation
(6.) USE OF MATERIALS
Without prejudice as expressly indicated herein, Karishye hereby grants you a non-exclusive, revocable (upon notice from Karishye), non-transferable access to view, download and print product catalogues or any other materials available on the Site, subject to the following conditions:
(7.) PURCHASES, GUARANTEES AND PAYMENT
You agree to provide the current, complete, and accurate information for all purchases made via the Site. You further agree to promptly update the account and payment information, including email address, payment method, and payment card expiration date, to enable Karishye to complete your transaction and contact you in case required. All the prices relating to materials necessary for performance of rituals, prayers (example- camphor, turmeric, honey, cow ghee etc. ) are exclusive of transportation and logistics charges. Applicable taxes will be added to the price of purchase as per the applicable law. Prices are subject to change. Check the final price of sale before placing the order on the Site. *Freight charges will be added to the final price (price after taxes) in case of air shipments.
Karishye covenants that it does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. Notwithstanding anything mentioned herein to the contrary, Karishye covenants that the materials supplied for performance of rituals (example- camphor, turmeric, honey, cow ghee etc) prayers are not lab tested. Karishye request the User to read and understand the characteristics of Services and Products as shown on Site or in catalogue.
We accept the following methods of payment:
You hereby undertake and agree to pay all/ complete charges in advance in lieu of your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received the payment.
(8.) RENDERING OF SERVICES AND SHIPPING AND DELIVERY OF THE PRODUCTS
Upon receiving the order confirmation, Karishye shall notify you of your order (for illustrative purposes the email shall contain- date of ritual to be performed, the priest designated for the ritual, the material(s) to be utilized during such ritual etc.). Karishye will notify you on each stage commencing from inception to completion of the ritual.
Karishye will to its best efforts, make sure that the product reaches you within the specified time of delivery. However, in certain circumstances such as transport strikes / delay, floods, natural calamities, etc. the delivery may be subject to delay.
(9.) CANCELLATION / RE-SCHEDULLING OF SERVICES / REFUND
You cannot cancel or alter the order(s) once the payment is made, and the invoice is signed. In case of cancellation, you will not be entitled to any refund and Karishye reserves the right in its sole discretion to reimburse the amount paid by you in lieu of the purchase(s) made. In cases approved by Karishye, the below mentioned shall apply:
Cancellations made 3 days or more in advance of the [Appointment/Service/Event] date will receive a 100% refund. Cancellations made within 3 days will receive a 50% refund. Cancellations made within 24 hours will not receive a refund.
You may re-schedule services to be rendered, without an additional charge exclusive of shipping and freight charges, before two (2) days from date of performance of rituals, prayers etc.
In the event that the request for re-scheduling does not comply with the terms and conditions set forth above, Karishye may in its sole discretion entertain the re-scheduling request, however the re-scheduling will be charged additionally and such charges shall be borne by you.
(10.) CUSTOMER CARE
You can contact our Customer Care for any information or help at email@example.com. Karishye shall to endeavor to provide the requisite support for closure of such query(ies) raised by you.
(11.) PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than for which Karishye have provided access and made the Site available for. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Karishye:
(12.) INTELLECTUAL PROPERTY RIGHTS
The Site and the processes are our proprietary property, including but not limited to all text, graphics, user interfaces, visual interfaces, software, database, code, design etc. (if any), (collectively, the “Content”) on the Site is owned and controlled by Karishye and the trademarks, service marks, and logos contained therein (collectively, the “Marks”) are owned or controlled by Karishye or licensed to Karishye, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
Karishye owns all intellectual property rights to the trademark “Karishye” and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use.
KARISHYE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN AND TO THE SITE, THE CONTENT AND THE MARKS.
(13.) CONTRIBUTION LICENSE
By posting your contributions in the form of reviews/ comments/ feedback to any part of the Site (collectively, the “Contributions”) or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Karishye an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
Karishye has the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. Karishye has no obligation to monitor your Contributions.
(14.) GUIDELINES FOR CONTRIBUTIONS
We may provide you areas on the Site to leave Contributions. When posting Contributions, you must comply with the following criteria:
We may accept, reject, or remove Contributions in our sole discretion. We have absolutely no obligation to screen Contributions or to delete Contributions, even if anyone considers the Contributions objectionable or inaccurate. Contributions are not endorsed by us, and do not represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any Contributions. By posting Contributions, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, assignable, license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to Contribution.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Karishye make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, advice or other information regarding the Site (“Submissions“) provided by you to Karishye are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without providing any acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against Karishye for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
(17.) SITE MANAGEMENT
Karishye hold and reserve the right, but not the obligation, to:
(18.) COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of third parties. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please notify Karishye using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable laws you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
(19.) TERM AND TERMINATION
If you want to terminate your agreement with Karishye, you may do so by:
Termination or suspension may include:
(20.) MODIFICATIONS AND INTERRUPTIONS
(21.) GOVERNING LAW AND DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or Karishye (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the courts located in Hyderabad, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in such state court.
THIS CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
There may be information on the Site that contains typographical errors, inaccuracies, omissions or mistakes, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, omissions or mistakes and to change, modify, alter or update the information on the Site at any time, without prior notice.
The User understands that there may be instances of difficulty in accessing or receiving such notices. Karishye shall not responsible if any email to the Users notices, requests, complaints, queries or demands are delayed or not delivered or if the User does not receive an email/ reply.
(24.) LIMITATIONS OF LIABILITY
IN NO EVENT SHALL KARISHYE OR ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILAIATES, OFFICERS OR VENDORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES OR EXPENSES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
FURTHER, KARISHYE SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OF THE SERVICES BY KARISHYE OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KARISHYE SHALL NOT BEAR ANY LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, RELATING TO PERFORMANCE OF SERVICES AND SUPPLY OF PRODUCTS, BY US TO YOU. KARISHYE SHALL NOT BE HELD LIABLE FOR INCLUDING BUT NOT LIMITED TO HURTING RELIGIOUS SENTIMENTS/ IDEOLOGIES/SANATANA DHARMA. THE SERVICES AND PRODUCTS ARE PROVIDED BY KARISHYE AND ARE CONSUMED BY USERS UPON THE USER’S PERSONAL DISCRETION. KARISHYE DOES NOT PROVIDE ANY EXPRESS OR IMPLIED GAURANTEE OR WARRANTY RELATING TO BENEFITS OF PERFORMACE OF SUCH SERVICES AND PRODUCTS. KARISHYE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN RESPECT OF ANY MATTER RELATING TO THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE SERVICES, PRODCUTS, LIABILITIES, OPERATIONS OR PROSPECTS OF THE COMPANY OR IN RESPECT OF THE TRANSACTIONS CONTEMPLATED HEREIN, AND ANY SUCH OTHER REPRESENTATIONS OR WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY KARISHYE.
(26.) ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
(27.) FORCE MAJEURE
Karishye shall not be considered to be in default or breach of this agreement, and shall be excused from performance or liability for damages to any other party, if and to the extent it shall be delayed in or prevented from performing or carrying out any of the provisions of this agreement, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment (including virtual video failures) or any other cause or causes beyond Karishye’s reasonable control, including any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities. In case of Karishye claiming a Force Majeure event, it shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event. Karishye shall use its best efforts to mitigate the effects of such Force Majeure event, remedy its inability to perform, and resume full performance of its obligations hereunder.
a) Karishye may assign, in whole or in part, its rights and obligations to a third party. Karishye shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any condition beyond our reasonable control.
c) Karishye and you shall at all times and for purposes be deemed to be independent contractors and neither Party, nor either Party’s employees, representatives, subcontractors or agents, shall have the right or power to bind the other Party. This Agreement shall not itself create or be deemed to create a joint venture, partnership or similar association between the Parties or either Party’s employees, subcontractors or agents.
f) Karishye and you agreed that the arrangement set out by these Terms and Conditions are on a non-exclusive basis.
I AGREE TO THE ABOVE TERMS AND CONDITIONS