These terms and
conditions (“Agreement”) set forth the general terms and conditions of your use
of the [Https://bhagavataa.blogspot.com] website (“Website” or “Service”) and any of its
related products and services (collectively, “Services”). This Agreement is
legally binding between you (“User”, “you” or “your”) and [Https://bhagavataa.blogspot.com] (“bhagavata”, “we”, “us” or
“our”). If you are entering into this agreement on behalf of a business or
other legal entity, you represent that you have the authority to bind such an
entity to this agreement, in which case the terms “User”, “you” or “your” shall
refer to such entity. If you do not have such authority, or if you do not agree
with the terms of this agreement, you must not accept this agreement and may
not access and use the Website and Services. By accessing and using the Website
and Services, you acknowledge that you have read, understood, and agree to be
bound by the terms of this Agreement. You acknowledge that this Agreement is a
contract between you and [Bhagavata], even though it is electronic and is not
physically signed by you, and it governs your use of the Website and Services.
Accounts and membership
If you create an
account on the Website, you are responsible for maintaining the security of
your account and you are fully responsible for all activities that occur under
the account and any other actions taken in connection with it. We may, but have
no obligation to, monitor and review new accounts before you may sign in and
start using the Services. Providing false contact information of any kind may
result in the termination of your account. You must immediately notify us of
any unauthorized uses of your account or any other breaches of security. We
will not be liable for any acts or omissions by you, including any damages of
any kind incurred as a result of such acts or omissions. We may suspend,
disable, or delete your account (or any part thereof) if we determine that you
have violated any provision of this Agreement or that your conduct or content
would tend to damage our reputation and goodwill. If we delete your account for
the foregoing reasons, you may not re-register for our Services. We may block
your email address and Internet protocol address to prevent further
registration.
User content
We do not own any
data, information, or material (collectively, “Content”) that you submit on the
Website in the course of using the Service. You shall have sole responsibility
for the accuracy, quality, integrity, legality, reliability, appropriateness,
and intellectual property ownership or right to use of all submitted Content.
We may, but have no obligation to, monitor and review the Content on the
Website submitted or created using our Services by you. You grant us permission
to access, copy, distribute, store, transmit, reformat, display, and perform
the Content of your user account solely as required for the purpose of providing
the Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our own sole
discretion, refuse or remove any Content that, in our reasonable opinion,
violates any of our policies or is in any way harmful or objectionable. You
also grant us the license to use, reproduce, adapt, modify, publish or
distribute the Content created by you or stored in your user account for
commercial, marketing, or any similar purpose.
Billing and payments
You shall pay all
fees or charges to your account in accordance with the fees, charges, and
billing terms in effect at the time a fee or charge is due and payable. Where
Services are offered on a free trial basis, payment may be required after the
free trial period ends, and not when you enter your billing details (which may
be required prior to the commencement of the free trial period). If
auto-renewal is enabled for the Services you have subscribed for, you will be
charged automatically in accordance with the term you selected. Sensitive and
private data exchange happens over an SSL secured communication channel and is
encrypted and protected with digital signatures, and the Website and Services
are also in compliance with PCI vulnerability standards in order to create as
secure of an environment as possible for Users. Scans for malware are performed
on a regular basis for additional security and protection. If in our judgment,
your purchase constitutes a high-risk transaction, we will require you to provide
us with a copy of your valid government-issued photo identification, and
possibly a copy of a recent bank statement for the credit or debit card used
for the purchase. We reserve the right to change products and product pricing
at any time. We also reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the order
was made.
Accuracy of information
Occasionally there
may be information on the Website that contains typographical errors,
inaccuracies, or omissions that may relate to promotions and offers. We reserve
the right to correct any errors, inaccuracies, or omissions, and to change or
update information or cancel orders if any information on the Website or
Services is inaccurate at any time without prior notice (including after you
have submitted your order). We undertake no obligation to update, amend or clarify
information on the Website including, without limitation, pricing information,
except as required by law. No specified update or refresh date applied on the
Website should be taken to indicate that all information on the Website or
Services has been modified or updated.
Third-party services
If you decide to
enable, access, or use third-party services, be advised that your access and
use of such other services are governed solely by the terms and conditions of
such other services, and we do not endorse, are not responsible or liable for,
and make no representations as to any aspect of such other services, including,
without limitation, their content or the manner in which they handle data
(including your data) or any interaction between you and the provider of such
other services. You irrevocably waive any claim against [Bhagavata] with respect to
such other services. [Bhagavata] is not liable for any damage or loss caused or
alleged to be caused by or in connection with your enablement, access, or use
of any such other services, or your reliance on the privacy practices, data
security processes, or other policies of such other services. You may be
required to register for or log into such other services on their respective
platforms. By enabling any other services, you are expressly permitting [Bhagavata] to disclose your
data as necessary to facilitate the use or enablement of such other service.
Backups
We are not
responsible for the Content residing on the Website. In no event shall we be
held liable for any loss of any Content. It is your sole responsibility to
maintain appropriate backup of your Content. Notwithstanding the foregoing, on
some occasions and in certain circumstances, with absolutely no obligation, we
may be able to restore some or all of your data that has been deleted as of a
certain date and time when we may have backed up data for our own purposes. We
make no guarantee that the data you need will be available.
Advertisements
During your use of
the Website and Services, you may enter into correspondence with or participate
in promotions of advertisers or sponsors showing their goods or services
through the Website and Services. Any such activity, and any terms, conditions,
warranties, or representations associated with such activity, is solely between
you and the applicable third party. We shall have no liability, obligation, or
responsibility for any such correspondence, purchase, or promotion between you
and any such third party.
Links to other resources
Although the
Website and Services may link to other resources (such as websites, mobile
applications, etc.), we are not, directly or indirectly, implying any approval,
association, sponsorship, endorsement, or affiliation with any linked resource,
unless specifically stated herein. Some of the links on the Website may be
“affiliate links”. This means if you click on the link and purchase an item, [Bhagavata] will receive an
affiliate commission. We are not responsible for examining or evaluating, and
we do not warrant the offerings of, any businesses or individuals or the
content of their resources. We do not assume any responsibility or liability
for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of
any resource which you access through a link on the Website. Your linking to
any other off-site resources is at your own risk.
Prohibited uses
In addition to
other terms as set forth in the Agreement, you are prohibited from using the
Website and Services or Content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Website and Services,
third party products and services, or the Internet; (h) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or
(j) to interfere with or circumvent the security features of the Website and
Services, third party products and services, or the Internet. We reserve the
right to terminate your use of the Website and Services for violating any of
the prohibited uses.
Intellectual property rights
“Intellectual
Property Rights” means all present and future rights conferred by statute,
common law or equity in or in relation to any copyright and related rights,
trademarks, designs, patents, inventions, goodwill and the right to sue for
passing off, rights to inventions, rights to use, and all other intellectual
property rights, in each case whether registered or unregistered and including
all applications and rights to apply for and be granted, rights to claim
priority from, such rights and all similar or equivalent rights or forms of
protection and any other results of intellectual activity which subsist or will
subsist now or in the future in any part of the world. This Agreement does not transfer
to you any intellectual property owned by [Bhagavata] or third parties, and all rights, titles, and
interests in and to such property will remain (as between the parties) solely
with [Bhagavata]. All trademarks, service marks, graphics, and logos used in connection
with the Website and Services are trademarks or registered trademarks of [Bhagavata] or its licensors.
Other trademarks, service marks, graphics, and logos used in connection with
the Website and Services may be the trademarks of other third parties. Your use
of the Website and Services grants you no right or license to reproduce or
otherwise use any of [Bhagavata] or third-party trademarks.
Limitation of liability
To the fullest
extent permitted by applicable law, in no event will [Bhagavata], its affiliates,
directors, officers, employees, agents, suppliers, or licensors be liable to
any person for any indirect, incidental, special, punitive, cover or
consequential damages (including, without limitation, damages for lost profits,
revenue, sales, goodwill, use of the content, impact on business, business
interruption, loss of anticipated savings, loss of business opportunity)
however caused, under any theory of liability, including, without limitation,
contract, tort, warranty, breach of statutory duty, negligence or otherwise,
even if the liable party has been advised as to the possibility of such damages
or could have foreseen such damages. To the maximum extent permitted by
applicable law, the aggregate liability of [Bhagavata] and its affiliates,
officers, employees, agents, suppliers, and licensors relating to the services
will be limited to an amount greater than one dollar or any amounts actually
paid in cash by you to [Bhagavata] for the prior one month period prior to the first
event or occurrence giving rise to such liability. The limitations and
exclusions also apply if this remedy does not fully compensate you for any
losses or fails of its essential purpose.
Indemnification
You agree to
indemnify and hold [Bhagavata] and its affiliates, directors, officers,
employees, agents, suppliers, and licensors harmless from and against any
liabilities, losses, damages, or costs, including reasonable attorneys’ fees,
incurred in connection with or arising from any third party allegations,
claims, actions, disputes, or demands asserted against any of them as a result
of or relating to your Content, your use of the Website and Services or any
willful misconduct on your part.
Severability
All rights and restrictions
contained in this Agreement may be exercised and shall be applicable and
binding only to the extent that they do not violate any applicable laws and are
intended to be limited to the extent necessary so that they will not render
this Agreement illegal, invalid or unenforceable. If any provision or portion
of any provision of this Agreement shall be held to be illegal, invalid, or
unenforceable by a court of competent jurisdiction, it is the intention of the
parties that the remaining provisions or portions thereof shall constitute
their agreement with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation,
interpretation, and performance of this Agreement and any disputes arising out
of it shall be governed by the substantive and procedural laws of [karnataka, and india] without regard to
its rules on conflicts or choice of law and, to the extent applicable, the laws
of [india]. The exclusive jurisdiction and venue for actions related to the subject
matter hereof shall be the courts located in [karnataka and india], and you hereby
submit to the personal jurisdiction of such courts. You hereby waive any right
to a jury trial in any proceeding arising out of or related to this Agreement.
The United Nations Convention on Contracts for the International Sale of Goods
does not apply to this Agreement.
Changes and amendments
We reserve the
right to modify this Agreement or its terms related to the Website and Services
at any time at our discretion. When we do, we will revise the updated date at
the bottom of this page. We may also provide notice to you in other ways at our
discretion, such as through the contact information you have provided.
An updated version
of this Agreement will be effective immediately upon the posting of the revised
Agreement unless otherwise specified. Your continued use of the Website and
Services after the effective date of the revised Agreement (or such other act
specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge
that you have read this Agreement and agree to all its terms and conditions. By
accessing and using the Website and Services you agree to be bound by this
Agreement. If you do not agree to abide by the terms of this Agreement, you are
not authorized to access or use the Website and Services.
