By agreeing to these Terms and Conditions, You represent the following:
- You are 18 (eighteen) years old or older with sound mind;
- Capable of entering into a legally binding agreement;
- You have valid and subsisting right, authority, and capacity to enter into these Terms and Conditions and to abide by all of the terms and conditions contained herein; and
- You are not impersonating any person or entity, or falsely stating or otherwise misrepresenting identity, age or affiliation with any person or entity.
The domain name www.Mypoojabooking.Com
('Website') is registered and owned by Kochikar Technologies LLP, a company incorporated under the Limited Liability Partnership Act, 2008 having its registered office at D. No. 1-1-2A (Part) Padav, Swasti Cashew Industries Compound, Off Airport Road, Padavinangadi, Mangaluru 575008 India and hereinafter referred to as 'Mypoojabooking.Com
is an aggregator platform for religious, charitable related services and enables the connection between individuals seeking to obtain services ("Customer";) and individuals and institutions seeking to provide services ("Service Provider";).
Customer and Service Provider together are hereinafter referred to as "Users"; and individually as "User"; Those certain services requested by the Customer, which are to be completed by the Service Provider, are hereinafter referred to as "Services";
.com website, which may also include User(s).
Collection of Your Personal Information
MYPOOJABOOKING.COM AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. Hence, you are authorized to provide only such information as may be necessary for the Service.
NEITHER MYPOOJABOOKING.COM NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. MYPOOJABOOKING.COM AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Links to Other Web Sites
Links (such as hyperlinks) from Mypoojabooking.Com to other sites on the Web do not constitute as the endorsement by Mypoojabooking.Com of those sites or their content. Such links are provided as an information service, for reference and convenience only. Mypoojabooking.Com does not control any such sites and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Mypoojabooking.Com Service as well as any advertisements displayed in connection therewith) does not mean that Mypoojabooking.Com endorses any of the material on such websites, or has any association with their operators. It is User’s responsibility to evaluate the content and usefulness of the information obtained from other sites.
The website may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc., or communication facilities ("Public Areas";) that allow Users to communicate with Mypoojabooking.Com. You understand that Mypoojabooking.Com does not pre-screen or monitor the content posted by users of these various communication tools, which means that if You choose to use these tools to submit any type of content to our website, then it is Your personal responsibility to use these tools in a responsible and ethical manner. Without limitation, You shall not:
All submissions made to Public Areas will be public, and Mypoojabooking.Com will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
- Access or attempt to access any of our resources through any automated, unethical, or unconventional means
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- Use the Service for any purpose which is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material, or information.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Advertise or offer to sell any goods or services for any commercial purpose on the Service which are not relevant to the services offered on the Service.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use Your identification to post or view comments.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
- Restrict or inhibit any other User from using and enjoying the Public Areas.
- Imply or state that any statements You make are endorsed by Mypoojabooking.Com, without the prior written consent of Mypoojabooking.Com.
- Use a robot, spider, manual and/or automatic processes or devices to data-mine, data- crawl, scrape, or index Mypoojabooking.Com in any manner.
- Hack or interfere with Mypoojabooking.Com, its servers, or any connected networks.
- Adapt, alter, license, sublicense or translate Mypoojabooking.Com for Your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Mypoojabooking.Com.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent, or sexual manner.
- Engage in any activity that disrupts or interferes with our resources including the service and or networks to which our resources are located or connected
Account, Password and Security
You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password and account number provided by You or Mypoojabooking.Com for accessing the Service. You are solely and fully responsible for all activities that occur under Your password or account. Mypoojabooking.Com has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account, or You suspect any other breach of security, You will contact Mypoojabooking.Com immediately.
"Your Information"; is defined as any information and materials You provide to Mypoojabooking.Com or other Users in connection with Your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely liable and responsible for Your Information and the consequences arising thereof and Mypoojabooking.Com merely acts as a passive conduit for Your online distribution and publication of Your Information. You hereby represent and warrant to Mypoojabooking.Com that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Mypoojabooking.Com or cause Mypoojabooking.Com to lose (in whole or in part) the services of its internet service providers or other partners or suppliers.
Solely to enable Mypoojabooking.Com to use Your Information without violating any rights You might have in that information, You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights You have in Your Information, in any media now known or not currently known or to any administrator or service provider for sending our newsletters or surveys.
- Mypoojabooking.com is only a facilitator of the service booking for Charitable Activities and/ or Pooja Activities. It is does won’t own/ warrant service fulfilment. Please note that all the Pujas, Homas, Rituals are performed by Service Provider and not by Mypoojabooking.com
- Charitable Activities: Mypoojabooking.com services are limited to displaying the charitable activities undertaken by Service Providers.
- Pooja Activities: Mypoojabooking.com services are limited to displaying the services offered by member institutions and associated service fees. It does not offer any advice to Customers of which services it should use and the benefits there off.
- Customers should strictly use their own discretion when choosing the Service Provider and the service offered by them. They should independently verify and satisfy themselves of the genuineness of these activities at their sole discretion. MYPOOJABOOKING.COM DOES NOT TAKE ANY RESPONSIBILITY OF THE CAUSES SUPPORTED BY THE SERVICE PROVIDERS AND FULFILMENT OF THE PROMISED SERVICES.
- The description, benefits of Homams, Pujas, Yantras and other rituals mentioned in our website are as per the Service Provider (member institutions). They are provided for user’s understanding. Mypoojabooking.Com do not promise any outcomes. The booking of homams or pujas or any other rituals with Mypoojabooking.Com.com by the user is done on his or her sole discretion.
- Customers are obligated to pay for the Services fees and all transaction taxes on the services provided under this Agreement. Further, Customer agrees to reimburse costs, fees or expenses associated with a Service and authorise Mypoojabooking.com to charge their bank account.
- Mypoojabooking.Com will retain the convenience fee and will transfer the balance to Service Provider after deduction of all taxes, levies, charges, duties or fines.
Billing and Payment Policy
- Service Request will be complete once customer has made advance payments for each requested Service and transfer the service fees to Mypoojabooking.Com’s account through Mypoojabooking.Com web site or APP services.
- Payment can be done using Internet Banking and/or credit/ debit cards ("Bank Account";) through Mypoojabooking.Coms payment gateway partners. Mypoojabooking.com does not accept any cash for the ordering the Service.
- While Mypoojabooking.Com will use commercially reasonable efforts to ensure the security of all banking and other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and You agree to hold Mypoojabooking.Com harmless for any damages that may result therefrom. Mypoojabooking.Com will use third party services to process banking information. For further information regarding that Services, please contact contact@Mypoojabooking.Com. to request information about Mypoojabooking.Com's internet banking and other cashless transaction providers.
Termination and Suspension
- You may terminate this Agreement at any time by ceasing use of the Service.
- Without limitation, Mypoojabooking.Com may terminate or suspend Your right to use the Service if You breach any term of this Agreement or any policy of Mypoojabooking.Com posted on the Service from time to time, or if Mypoojabooking.Com otherwise finds that You have engaged in inappropriate and/or offensive behaviour. If Mypoojabooking.Com terminates or suspends Your right to use the Service for any of these reasons, You will not be entitled to any refund of unused balance in Your account. In addition to terminating or suspending Your account, Mypoojabooking.Com reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive relief.
- Mypoojabooking.Com may terminate or suspend Your right to use the Service at anytime for any or no reason by providing You with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. Even after Your right to use the Service is terminated or suspended, this Agreement will remain enforceable against You.
- All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Intellectual Property Rights
- All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material";) that users see or read on the Service is owned by Mypoojabooking.Com or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Mypoojabooking.Com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Intellectual Property Rights Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Mypoojabooking.Com's prior written consent.
- Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Mypoojabooking.Com and/or the relevant right holder.
- The service marks and trademarks of Mypoojabooking.Com, including without limitation, Mypoojabooking.Com logo and website are owned by Kochikar Technologies LLP. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Prohibition on Reverse Engineering: You will not, and you will not encourage, assist or authorise any other person to, for any reason whatsoever, reverse engineer, decompile, disassemble:
- any components, usage rules or other protection measures applicable to the Proprietary Materials or tamper with it;
- in an attempt to derive the source code of, decrypt, modify, edit, alter, create derivative work of the Proprietary material or any software that is a part thereof, even if such derivative works are not meant for commercial use;
Modifications to the Service
Mypoojabooking.Com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. Mypoojabooking.Com will not be liable to any party for any modification or discontinuance of the Service.
- You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Mypoojabooking.Com and agree that You will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to Your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information.
- You shall promptly notify Mypoojabooking.Com in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Mypoojabooking.Com upon termination of this Agreement for any reason whatsoever. The term "Confidential Information"; shall mean any and all of Mypoojabooking.Com's trade secrets, confidential and proprietary information and all other information and data of Mypoojabooking.Com that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure.
- Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information or other information disclosed directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties
- Mypoojabooking.Com is only an aggregator of Customers and Service Providers. Though there is a process to collecting information and details of Users. There could be instances where users share incomplete information/ wrongful information. Thus, service request should be raised only after Customer and Service Providers have done all relevant checks and due diligence to their satisfaction.
- Neither Mypoojabooking.Com nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performances, completeness or suitability of the information and material found or offered on Mypoojabooking.Com for any particular purpose.
- The website – Mypoojabooking.com and all the information/ content (including but not limited to software) provided herein and Services, included on or otherwise made available to You through this website are provided on "as is"; and "as available"; basis without any representation or warranties, express or implied except otherwise specified in writing.
- Mypoojabooking.Com will not be liable to You in any way or in relation to the content, or use of, or otherwise in connection with the website. You acknowledge that such information and materials may contain inaccuracies or errors and Mypoojabooking.Com will not be liable to You for any such inaccuracies or in any way or in relation to the content, or use of, or otherwise in connection with the website.
- Your use of the information or materials on 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.
Mypoojabooking.Com has limited control over the quality, timing or legality of Services delivered by Mypoojabooking.Com Service Provider. Mypoojabooking.Com merely serves as a platform to connect the Customer with the Service Provider. Hence it does not take any responsibility of suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users or about background checks/ credentials of users. Customers and service Providers are conduct required checks and due diligence before raising service request.
- YOU AGREE NOT TO HOLD MYPOOJABOOKING.COM. ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, TORT, NEGLIGENCE, STRICT LIABILITY CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES";) THAT HAVE ARISEN OR THAT MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MYPOOJABOOKING.COM OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
- UNDER NO CIRCUMSTANCES WILL MYPOOJABOOKING.COM ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME, INCLUDING BUT LIMITED TO DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES.
- IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MYPOOJABOOKING.COM OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL CONVENINCE FEES RECEIVED FROM YOU BY MYPOOJABOOKING.COM DURING THE PRECEDING THREE (3) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You hereby agree to indemnify, defend, and hold harmless Mypoojabooking.Com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claims, loss, expense or demand of liability, including attorneys' fees and costs incurred, arising from Your use or inability to use the Services.
Dispute Resolution and Governing Law
- In case of any dispute, differences or claims arising out of or under this Agreement, the same shall be resolved by arbitration of a sole arbitrator to be appointed by Kochikar Technologies LLP, which shall be accepted to the User. The arbitration shall be conducted in accordance with the Indian Arbitration & Conciliation Act, 1996, with amendments thereto.
- The venue of the arbitration shall be Mangaluru, Karnataka, India.
- The language of the arbitration shall be English. For any interim relief, the courts at Mangaluru, Karnataka India shall have exclusive jurisdiction. This Agreement will be subject to Indian laws.
- Mypoojabooking.Com may from time to time provide certain promotional opportunities to Mypoojabooking.Com Customer All promotions will be run at the sole discretion of Mypoojabooking.Com, and can be activated, modified or removed at anytime by Mypoojabooking.Com without advance notification.
- In the event that You are given a code by or on behalf of Mypoojabooking.Com through which You may refer a friend to Mypoojabooking.Com in exchange for a referral credit, You shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, You may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with Your personal friends and acquaintances for legitimate referral purposes, as determined by Mypoojabooking.Com in its sole discretion.
- Without limiting Mypoojabooking.Com's other rights and remedies, Mypoojabooking.Com may terminate such code and/or Your account for any breach of this section.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser- franchisee relationship is intended or created by this Agreement.
You cannot assign or otherwise transfer this Agreement, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab-initio. Mypoojabooking.Com's rights and/or obligations under the Agreement are freely assignable or otherwise transferable to any third parties without the requirement of seeking Your prior consent. Mypoojabooking.Com's may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement on best effort basis.
If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Mypoojabooking.Com's may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of this Agreement.
Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under this Agreement or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
If performance of any service or obligation under this Agreement by the Mypoojabooking.Com is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Mypoojabooking.Com's or its third parties performing such services as Mypoojabooking.Com Service Provider and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Mypoojabooking.Com's shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Mypoojabooking.Com's shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
Changes to this Agreement and the Service
- Mypoojabooking.Com takes no responsibility any transaction which is concluded outside the platform between users. If any money is paid to Service Provider without informing Mypoojabooking.Com. Mypoojabooking.Com has no control over such payments to the Service Provider. Hence it is important that payments may be made directly to Mypoojabooking.Com through online payment option as Mypoojabooking.Com website.
- No charges, other than those specified herein shall be paid by You to Mypoojabooking.Com.
- Mypoojabooking.Com may decline to provide any service on National Holidays, Public Holidays, Government Holidays without any obligation to any Customer or User.
If You have any questions or concerns about this Agreement, please send us a thorough description to contact@Mypoojabooking.Com. We strive to respond to all your requests.
- Service request may be rescheduled or cancelled online through Mypoojabooking.Com platform (web/app) and will be subject to consent of both Parties.
- Customer and Service Provider are encouraged for directly interact via Email for any clarifications.
- For Rescheduling, Customers will be eligible to raise a rescheduling request only upto 72 hours prior to scheduled time of Service and the same will be effective upon acceptance by Service Provide. Refer Cancellation/Refund Policy.