1.4 Dayasindhu agrees to take orders on Your behalf for the Products and ensure that the Product is delivered at such locations as per the Order Confirmation Form. However Dayasindhu retains the right and discretion to accept or not accept an order placed on the website, even if payment is credited to its account. In the event of payment having been credited and Dayasindhu deciding not to accept or honour the order, it will refund whatever monies paid without interest and that shall be the sole remedy or consequence and Dayasindhu will not be liable for any other loss, consequence, injury of any nature.
1.5 An order will not be processed until full payment has been received and credited into the accounts of Dayasindhu. In the event of any chargeback transaction taking place, Dayasindhu will be entitled to suspend and cancel any order, shipment, delivery.
2. Services& Service Conditions
2.1 The Website is a platform that facilitates online sale and purchase of discourses/songs/other audio/audio visuals on different electronic media as may be offered by Dayasindhu from time to time (“Products”) and facilitates the placing of an order by You for the purchase of the Products withDayasindhu/its affiliates (“Services”).
2.2 All orders for the Products are processed by Dayasindhuand may be distributed byDayasindhu/its affiliate/ agents/contractors/service providers.
2.3 All Products are subject to availability with Dayasindhu. Dayasindhu is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Products which are out of stock, unavailable or back ordered.
3. Eligibility to Use
3.1 You represent that You are of legal age to form a binding contract, and are not a person barred from receiving Products and services under the laws as applicable in India. Minors wishing to receive Products can do so only through their parents/legal guardians
3.2 Dayasindhu reserves the right to refuse access to the Services offered on the Website to new Users or to terminate access granted to existing Users and/or cancel orders in its discretion at any time without according any reasons for doing so, including, without limitation, if Dayasindhu believes that the customer conduct violates applicable law or is harmful to Dayasindhu’s interests.
3.3 You shall not have more than one active account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
4. User Account, Password, and Security
4.2 The Website requires You to register as a User by creating an Account in order to avail of the Products and Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account, whether or not such access activities are actually authorized by You, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such activities. You agree to (a) immediately notify Dayasindhu of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Dayasindhu cannot and will 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 Dayasindhu or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.4 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Products and Services is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Dayasindhu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dayasindhu has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof) at its discretion.
5. Pricing Information
5.2 In case of online payment, You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You in any transaction with Dayasindhu through the Website. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Dayasindhu expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
5.3 All prices mentioned on the Website shall be exclusive of any taxes that may be leviable in accordance with the any applicable law of the place where the sale is being concluded. Also, the Website may charge You convenience charges at such rates as may be prescribed from time to time along with the amount payable for conclusion of sale of a Product.
6. Shipment and Delivery
The shipment and delivery of the Products for which the order is placed by You on the website shall be undertaken by agents, contractors or service providers and Dayasindhu shall not be liable for the same in any manner whatsoever. For all purposes You agree that Dayasindhu’s obligation to honour an order is fulfilled by handing it over to the courier/despatch/delivery agency engaged by it with necessary payment and address details as given by You. You further agree that such courier/despatch/delivery/shipping agency will be deemed to be Your agents. You agree that all risk to the goods passes to You with such handing over to such agency. Dayasindhu will not take any responsibility for and will not be liable for any delay, non- delivery, defective delivery, damage during delivery, shipment , etc.
7. Special Offers and Promotions
Dayasindhu may from time to time make announcements of special offers including offers with respect to discounts, promotional offers and offers with respect to bulk orders (“Special Offer/s”). Each such Special Offer shall be subject to the terms and conditions as notified along with the announcement of such Special Offer which may include conditions as to minimum value of the order, time period within which the same may be delivered and/or conditions as to return or cancelation of the order. Dayasindhu may withdraw any such Special Offers at any time at its sole discretion and shall not be liable to provide any intimation to You in this regards. All Special Offers are based on availability and You understand that there shall be specified and limited number of such offers which can be available.
8. Return and Refund Policy
8.1 You agree and understand that any claim raised by you for refund of any amounts with respect to the purchase of the product or seeking for a return/replacement of the Product shall be subject to the return/refund policy as may be in force from time to time.
8.2 You agree that once an order is placed You shall not be entitled to cancel the order for any reason and seek for refund of Price even if already debited from Your account.
8.3 Though Dayasindhu disclaims any liability for delay in delivery, non-delivery, defective delivery or damage during shipment or delivery, Dayasindhu may in its sole discretion and without any obligation, in the event of non-delivery despite expiry of 1 month, in the case of delivery in India, and 2 months in the case of delivery outside India, from handing over Product to courier/despatch/shipping/delivery agency, or in the event of damage during such shipment or deficient delivery, decide either to refund the price paid minus any charges for delivery, packing, shipping and any taxes for such Product or to replace/ship Product afresh against redelivery of any damaged or deficient Products received by You. However this will be considered only if a) the non-delivery is intimated in writing to Dayasindhu within 1 month from date of placing the order if the delivery is in India and 1 ½ months from the date of placing the order if the delivery is outside India and not later b) the defective delivery or damage at the time of delivery is intimated in writing to Dayasindhu within 7 days of delivery and not later.
8.4 In respect of any defects in the Product, refund of the transaction price only will be the sole and exclusive remedy available to You provided again that the defect is intimated in writing within a period of 7 days from the date of delivery and not later. Defects affecting the audio or video for more than 25% of the whole time of audio/video covered in any Product only will be considered for refund or replacement and no damages of any other nature or refund or replacement can be claimed for any audio or video defect of an extent less than that specified above. Low voice, waxing and waning of voice, grainy pictures, cuts in audio and video of minor nature will not be considered as defects.In the event of defective Product, at its discretion, instead of refund, Dayasindhu may choose to replace with a new Product against redelivery of the defective Product. No refund will be made for the Product not being playable or readable on any particular device or system. You agree that it will be your responsibility to procure device or system compatible with the Product or having the capability to read or access or play the Product.
8.5 Refund, if any, may be made at the same issuing bank from where transaction price was received. For electronics payments, refund may be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI). At its option Dayasindhu may make the refund by way of cheque or any other available mode.
8.6 You agree that if you do not notify Dayasindhu in writing of a defective Product or delivery of a wrong Product within 7 days of delivery, it will be deemed that You have fully accepted the Product, that the Product does not have defect or even if it has, that You have waived any defects and you will not be entitled to make any claim for either refund or replacement.
9. User Obligations
9.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as product catalogues) that You access on the Website in accordance with Clause 7.
9.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Dayasindhu. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
9.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Dayasindhu disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in writing to Dayasindhu.
9.6 If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
c) Publish, post, upload, distribute or disseminate any inappropriate, profane, libellous, threatening, defamatory, infringing, obscene, indecent, pornographic or unlawful topic, name, material or information through any bookmark, tag or keyword or could give rise to any civil or criminal liability under the applicable law;
d) Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
e) Upload or distribute files that contain bugs, viruses, worms, trap doors, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
f) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
g) Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Dayasindhu server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Dayasindhu, including any Dayasindhu Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Clause.
k) Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
m) Conduct or forward surveys, contests, pyramid schemes or chain letters;
n) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
o) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
p) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
q) Violate any applicable laws or regulations for the time being in force within or outside India;
s) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
t) Make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by Dayasindhu in advance.
9.8 You agree that Dayasindhu may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
10. Use of Materials
10.1 Except as expressly indicated to the contrary in any applicable Additional Terms, Dayasindhu hereby grants You a non-exclusive, freely revocable (upon notice from Dayasindhu), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
b) You may not modify or alter product catalogues or any other materials available on the Website;
c) You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website or the Produtcs purchased, available to others; and
d) You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
10.2 The rights granted to You in the Product catalogues or any other materials as specified above are applicable to the design, layout or look and feel of the Website as well. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may not be copied or retransmitted unless expressly permitted by Dayasindhu.
10.4 Anyuse of the Services or placement of orders for the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any Prodcuts or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services and Products purchased are not transferrable to any third party for profit.
11. Usage Conduct
11.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
11.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
11.3 You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
12. Intellectual Property Rights
12.1 The Website and the processes, and their selection and arrangement, and the Products offered therein, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website or in the Product is owned and controlled by Dayasindhu and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
12.2 The trademarks, logos and service marks displayed on the Website (“Marks”) or the Products are the property of Dayasindhu or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Dayasindhu, the vendor or the third party that may own the Marks.
12.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Dayasindhu Associates owns all intellectual property rights to and into the trademark “Dayasindhu”, and the Website, 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.
12.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, modify, reverse-engineer, disassemble, decompile, reproduce, distribute, sell, lease, transmit, create derivative works from any Content,Product or otherwise exploit the Website or any portion thereof through any medium without obtaining the necessary authorization in writing from Dayasindhu or thirty party owner of such Content.
12.5 You agree that the Product is offered to you only for your personal use and no license is given to copy, reproduce it in any form, or to transmit to anybody else in any form or make it accessible to others. All copyright and other intellectual property rights in the Product shall remain in Dayasindhu notwithstanding the sale of the Product to you. You agree that purchase in bulk of the Products shall not entitle you to resell the Products in any territory and to that extent your ownership of the Product after purchase will be restricted.
13. Third Party Content
13.1 The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). The provision of Third Party Content is for general informational purposes only and should not be construed as an endorsement, approval or recommendation by Dayasindhu of the linked website or its content. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Dayasindhu does not provide any guarantee with respect to any the Third Party Content and Dayasindhu shall not be held liable for any loss suffered by You based on Your reliance on or use of such data. When viewing a third party website, You should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third party websites is at Your own risk.
14. User Warranty and Guarantee
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered byDayasindhu.
15. Disclaimer Of Warranties & Liability by Dayasindhu
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
15.2 DAYASINDHU HEREBY DISCLAIMS ANY GUARANTEES OF QUALITY, EXACTNESS, MERCHANTABILITY OF THE FINAL PRODUCT AS ORDERED BY THE USER. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE MAY NOT MEET YOUR EXPECTATIONS. ALTERATIONS TO CERTAIN ASPECTS OF YOUR ORDER SUCH AS THE PRODUCT BRAND, QUALTITY, QUALITY, PACKAGING ETC.
15.3 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAYASINDHU WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. DAYASINDHU ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
15.4 DAYASINDHU WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. DAYASINDHUHAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT DAYASINDHUNEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. DAYASINDHUSHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, DAYASINDHUSHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND DAYASINDHU'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. DAYASINDHU IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON.DAYASINDHU ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. YOU UNDERSTAND THAT THE PRODUCT OFFERED MAY NOT BE COMPATIBLE WITH DIFFERENT DEVICES, SYSTEMS AND MAY PLAY ONLY ONE SOME DEVICES. NO WARRANTY IS MADE AS TO PRODUCT BEING PLAYABLE, READABLE ON ANY PARTICULAR DEVICE OR SYSTEM AND ALL LIABILITIES FOR REFUND OR OTHER LOSSES ON SUCH BASIS ARE EXCLUDED. DAYASINDHU DOES NOT WARRANT THE TECHNICAL EFFICACY OF ITS WEBSITE, IT DOES NOT WARRANT THAT ITS WEBSITE WILL BE FREE OF ANY DEFECTS, DEFICIENCIES OR VIRUSES, OR THAT USE OF THE WEBSITE WILL NOT TRANSMIT ANY DEFECTS, DEFICIENCIES OR VIRUSES TO ANY SYSTEM AND ALL LIABILITIES ON SUCH COUNTS ARE EXCLUDED.
16.2 The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable law.
b) Dayasindhu is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
c) The provision of the Services to You by Dayasindhu is, in Dayasindhu’s opinion, no longer commercially viable;
d) Dayasindhu has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
18.3 Dayasindhu may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
18.4 You agree that all terminations shall be made in Dayasindhu’s sole discretion and that Dayasindhu shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
18.5 If You or Dayasindhuterminate Your use of the Website, Dayasindhuwill have no liability to You or any third party for deleting any content or other materials relating to Your use of the Website.
19. Governing Law
20. Report Abuse
21.1 You hereby expressly agree to receive communications by way of SMS, e-mails from Dayasindhurelating to Services provided through the Website.
21.2 You agree that your contact information and address can be used by Dayasindhu for any of it purposes and can also be passed on by it to Kinchitkaram Trust or any other of its affiliates and that your name, address and contact details could be used by such persons to communicate with you in any form, transmit any information to you.
22. General Provisions
23. Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential and non-proprietory. Dayasindhu shall be free to use such information on an unrestricted basis. All feedback shall automatically become the sole and exclusive property of Dayasindhu and shall not be returned to You. When you provide feedback to the Website, You also grant Dayasindhu the right to use the name that You submit with any feedback. You represent and warrant that You own or otherwise control all of the rights to the feedback that You post on the Website. You shall not use a false e-mail address, pretend to be someone other than Yourself or otherwise mislead Dayasindhu or third parties as to the origin of any feedback. Dayasindhu may, but shall not be obligated to, remove or edit any feedback for any reason. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Dayasindhu is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Dayasindhu may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Dayasindhu for the feedback under any circumstances.
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All rights reserved.