THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE App/ Web.
This mobile application called ‘Akhand Bharat Today’ (“Website/App”) is owned by Akhand Bharat Today, a Proprietor firm its registered office Nanakheda Ujjain, Madhya Pradesh, 456010
Please read this end user license agreement (“EULA”) carefully, as it contains the terms and conditions governing your use of the Website/ App and any content such as text, data, information, software, graphics, audio, video or photographs that Akhand Bharat Today may make available through the Website/ App and any services that Akhand Bharat Today may provide through the Website. In order to use the Website, you must first agree to this EULA. By accessing, browsing or otherwise using the Website, you are agreeing to this EULA and concluding a legally binding contract with Akhand Bharat Today. Please do not access or use the Website/ App if you do not agree with any of the terms provided herein or are unable to be bound by them. As a condition of your access to and use of the Website/ App, you hereby agree that you will comply with all Applicable Laws (defined hereinafter) and regulations when using the App/Web.
Akhand Bharat Today reserves the right, at its sole discretion, to change, modify, add or remove portions of this EULA, at any time and will notify you at least once in a year, or whenever there is a change in this EULA (as the case may be), by email or by posting a conspicuous notice on the Website/ App. Your continued use of the Website/ App following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to this EULA. As long as you comply with this EULA, Akhand Bharat Today grants you a personal, revocable, non-exclusive, non-transferable, non-sub-licensable, limited license to access and use the Website.
The general terms of service contained in Section A herein govern your use of any of our services on the Website/ App and the information accessible on or through this App/ Web, on top of any other terms that Websitely to a specific service you are using (“General Terms”).
The specific terms of service contained in Section B herein govern your use of the astrology services provided on the App/ Web and the information accessible on or through such services (“Specific Terms of Astrology Services”)
The specific terms of service contained in Section C herein govern your use of the puja services and other allied services provided on the App/ Web and the information accessible on or through such services (“Specific Terms of Puja Services”).
For the sake of clarity, EULA shall collectively refer to and mean General Terms, Specific Terms of Astrology Services and Specific Terms of Puja Services.
If you are unwilling or unable to be legally bound by this EULA, please do not use the Website. You cannot accept this EULA if: (a) you are not lawfully entitled to use the Website; or (b) if you are not of legal age to form a binding agreement with Akhand Bharat Today.
DEFINITIONS
In this EULA, unless the context or meaning otherwise requires: (a) all words and expressions defined by inclusion in quotation and/or parenthesis anywhere in this EULA, have the same meanings as ascribed to such words and expressions; and (b) following words and expressions shall bear the meanings ascribed to them below:
“Applicable Law” shall mean and include all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, and/or board, as may be applicable and in each case, any implementing regulation or interpretation issued thereunder including any successor law.
“Person” means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable Law.
“Personal Information”shall mean and include any past, present, or future health, finance, family or any other information of a User which may be provided by the User to the Astrologer pursuant to the provision of the Astrology Services. Personal Information shall mean and include any information that may be used to identify an individual, including, but not limited to, the first and last names, date, time and place of birth, age, gender, birth star, gotra, nakshatra, sankalpa, which may be provided by the User to web which shall be shared with the Priest pursuant to the provision of the Puja Services.
“Priest” shall mean a natural person who is appointed by the respective temple to perform services and in furtherance of the same, performs services for Users.
“Puja Services” shall have the meaning ascribed to it in Section C of this EULA.
“User”shall mean a person who desirous of availing the Astrology Services or Puja Services uses the Website/ App and/or registers on the Website/ App (as the case may be) in accordance with the terms contained herein.
“User Account” shall mean the online account exclusive to a User and is used by the User to avail Astrology Services or Puja Services through the Website/ App and is created in accordance with this EULA.
Use of the Website/ App is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website/ App. Any person under the age of 18 shall not register on the Website/ App and shall not transact on or use the Website/ App. If a minor wishes to use or transact on the Website/ App, such use or transaction may be made by the minor’s legal guardian or parents on the App/ Web. Any minor accessing, using or transacting on the App/ Web in violation of this EULA shall be doing so at their own risk and Akhand Bharat Today shall not be responsible or liable for any activities or interactions of such minor on the App/ Web. Akhand Bharat Today reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the App/ Web if it is brought to the notice of Akhand Bharat Today or if Akhand Bharat Today discovers for itself that such person is not eligible to use the App/ Web.
In order to use the App/ Web, you must first agree to this EULA. You shall be deemed to have accepted this EULA by (a) clicking to accept this EULA, when prompted on the App/ Web; (b) logging onto the App/ Web by using the Login Credentials or such other credentials as may be communicated to you by Akhand Bharat Today from time to time; or (c) actually using the App/ Web, in which case, you understand and agree that Akhand Bharat Today will treat your use of the App/ Web as acceptance of the EULA from that point onwards.
In order to use the Website, you will have to create the User Account by signing up on the Website which can be done by providing/using the following: (a) your cell phone number with password; or (b) email address with password; or (c) such other login credentials that are adopted by Akhand Bharat Today from time to time and duly intimated to you, for setting up a User Account on the Website. Upon entering the required details, you may either receive a One Time Password (OTP) through email or Short Message Service (SMS) messages for the purpose of verification of your User Account or your User Account may be verified by such other auto verification process adopted by Akhand Bharat Today from time to time and duly intimated to you, and upon completion of verification, the User Account is created and is ready for use.
Once registered, in order to log into the User Account on the Website, you will be required to provide the following: (a) the cell phone number with password; or (b) the email address with password; or (c) such other login credentials that are adopted by Akhand Bharat Today from time to time and duly intimated to you for logging into the User Account on the Website, used at the time of signing-up (“Login Credentials”).
You shall be solely responsible for maintaining confidentiality of the Login Credentials, and you hereby accept responsibility for all activities on the User Account authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the Website through the User Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. Akhand Bharat Today shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating or using the User Account.
We cannot and will not be liable for any loss or damage arising from or arising out of your use of the Website, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the Website using the User Account.
In case of any misappropriation or unauthorised access of the User Account, you agree to communicate the same to Akhand Bharat Today immediately. You shall further ensure that you log in and exit/logout from the User Account at the end of each session or at the time indicated by Akhand Bharat Today. Akhand Bharat Today shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by Akhand Bharat Today or User/visitor of the Website due to authorised or unauthorised use of the User Account, as a result of your failure in keeping the Login Credentials confidential.
You agree that the information provided by you to Akhand Bharat Today, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if Akhand Bharat Today has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with this EULA, Akhand Bharat Today shall have the right to indefinitely suspend or terminate or block access to the User Account on the Website and refuse to provide you access to the Website. You are advised to use due caution when providing any information to accordingly.
You hereby by way of accepting this EULA consent to the receipt of communication from Akhand Bharat Today by way of in-app messages, Short Message Service (SMS) messages, WhatsApp, e-mails, promotional and marketing calls and newsletters. These messages, emails and calls could relate to your registration or the transactions that you carry out through the Website and promotions that are undertaken
The Website/ App may contain links and interactive functionality interacting with the websites of third parties. Akhand Bharat Today is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Akhand Bharat Today strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
You agree, undertake and covenant that, during the use of the App/ Web, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
You agree, undertake and covenant that, during the use of the App/ Web, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the Applicable Laws in force in any manner whatsoever.
You agree, undertake and covenant that, during the use of the App/ Web, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the Applicable Laws in force in any manner whatsoever.
infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).
provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
tries to gain unauthorized access or exceeds the scope of authorized access to the App/ Web or to profiles, blogs, communities, User Account information or information of other Users/visitors of the App/ Web, bulletins, or other areas of the App/Web or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users/visitors of the App/ Web.
contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another User/visitor.
You hereby accept full responsibility for any consequences that may arise from your use of the Website, and expressly agree and acknowledge than in no event and under no circumstances shall Akhand Bharat Today be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website. You shall not use anyone else’s account at any time.
You agree and acknowledge that you shall not use the App/ Web for any illegal or unauthorized purpose/activities. You agree to comply with all Applicable Laws pertaining to your use of the Website. You further agree and acknowledge that you shall use the services provided on the only for your personal use and not for business purposes.
We shall have the right, but not the obligation, to monitor access to or use of the App/ Web to ensure your compliance with this EULA or Applicable Laws, at its sole discretion.
The App/ Web may allow you to post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular Service provided on the Website, and rate the Service, post your comments and reviews in relation to such services on the /or of an Astrologer on specific pages of the Website, as well as submit/ post any suggestions, comments, questions or other information to Akhand Bharat Today using the App/ Web (collectively referred to "User Content"). Provided however that, before being published on the Website, such User Content shall be reviewed by us to ensure compliance with this EULA and Applicable Laws.
You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You represent and covenant that you have obtained all relevant consents and approvals in order to post any User Content and shall not post any content relating to or owned by a third party for the promotion or sale of products/ services of such third party. You further represent that all such User Content will be in accordance with Applicable Laws. You acknowledge that we does not endorse any User Content on the App/ Web and is not responsible or liable for any User Content. We reserves the right to remove any third-party marketing material and disable access to the User Content on the Website.
You hereby grant Wea perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (a) the User Content is accurate; (b) use of the User Content you supply does not breach this EULA; and (c) that such User Content is lawful.
You further represent and warrant that the User Content shall not contain any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, the User Content shall not contain anything that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
Except for User Content, all of the content and services and products provided on the Website, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by Weor others (including without limitation, the third party service providers or Astrologers or temples, as applicable) that Welicenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by Weand others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Weand such others. You thereby agree to protect the proprietary rights of Weduring and after the term of this EULA. You may not selectively download portions of the Website/ App without retaining the copyright notices. You may download material from the Website/ App only for your own personal use and for no commercial purposes whatsoever.
You shall use the Website/ App strictly in accordance with this EULA, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website; (c) violate any Applicable Laws, rules or regulations in connection with your access or use of the Website; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website; (e) use the Website/ App for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the App/ Web or other services; (g) use the App/ Web for any purpose not in accordance with this EULA; (h) use the App/ Web for creating a service or software that is directly or indirectly, competitive with the App/ Web or any services offered by Wewhether via. the App/ Web or other websites/mobile applications associated with Akhand Bharat Today; or (i) derive any confidential information, processes, data or algorithms from the Website.
Make all decisions in relation to inter alia your registration with Akhand Bharat Today; Request additional documents and additional information from you for the purpose of your registration as a User with the Website; and
Deny access to the App/ Web or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under this EULA; and/or (iii) violation of any of the provisions of this EULA or any Applicable Laws.
Your User Account can be terminated at any time by You, by ceasing to use the Website. we in its sole discretion for any reason or no reason, including your violation of this EULA or lack of use of Website. You acknowledge that the termination of access to the App/ Web may be affected without any prior notice, and Wemay immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the services provided on the Website, subject to Applicable Law.
From time to time, Wemay offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by Weto you.
From time to time, Wemay offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by Weto you.
From time to time, Wemay offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by Weto you.
From time to time, Wemay offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by Weto you.
From time to time, Wemay offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by Weto you.
From time to time, Wemay offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by Weto you.
From time to time, Wemay offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by Weto you.
This EULA shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in New Delhi, India. In the event of any dispute arising out of this EULA the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation
