UTSAV APP TERMS OF USE

Last updated: 23rd Jan 2023

These Terms of Use ("Terms") govern your use of our website located at https://utsavapp.in and/or the Utsav App mobile application (collectively, the "Platform") made available by Applex Technologies Pvt. Ltd. ("Utsav App", "Company", "we", "us" and "our"), a private company established under the laws of India having its registered office in Kolkata. 

Compliance with these standards & Terms of Use is an expectation of doing business with Nirvann Applications Private Limited (Formerly known as Applex Technologies Private Limited), as the Code defines the non-negotiable minimum standards that we ask our Vendors or Vendors and their sub-tier Vendors or subcontractors ("the Vendor"), to respect and adhere to.

The terms "you" and "your" refer to the user of the Platform.

These Terms are to be read with Utsav App Content Guidelines & Utsav App Privacy and Cookie Policy.

TERMS

By visiting this Website and Application which will henceforth be referred to as "Platform", which may be accessed at http://www.utsavapp.in, you agree to be governed by these Website and Application Terms and Conditions of Use and acknowledge that you are responsible for complying with all relevant local laws. If you disagree with any of these conditions, you may not use this platform. This platform's materials are protected by copyright and trade mark law.

Our Services (as we have described below in detail) and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction.

By using our Platform, you consent to the access of your Personal Data in the form of electronic record, book, register, correspondence, information, document or other material which has been provided to us via The Website and Application. We might provide data such as Name, Gotra, Date of Birth or anything else required to the Temple Authorities for conducting the Puja Process.

You and we are required to follow certain rules while you use our Platform. We have listed these rules in this document. Please read these Terms and all other hyperlinks mentioned here carefully. Do remember that by using our Platform, you agree to these Terms. Also, if you are using these services outside India, please comply with your local laws.

CHANGES TO TERMS OF SERVICES

Our Platform is dynamic and subject to quick development. As a result, we have the right to alter the services we offer at our discretion. We reserve the right to temporarily or permanently discontinue delivering Services or any features to you in general.

We have the option to remove or add features to our Platform and Services at any time. If we make a change that requires your approval, we will make sure to ask for it. Please return to this page from time to time to stay up to speed on our most latest improvements and updates.

Visit this page to see any changes that we may make and services that we may add or modify, from time to time.

WHO MAY USE OUR SERVICES

Our Platform helps you stay in touch with your places of worship, temples, fellow devotees, friends and enables you to share images, videos, texts, blogs. We understand your preferred content and personalize your newsfeed to show you posts, pictures, videos, and suggest content available on our Platform ("Service/Services").

You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such an entity to these Terms and effectively "you" and "your" shall refer to the company.

Please ensure that you are allowed to use our services under the law.

DISCLAIMER

All the materials on utsavapp.in's Platform are provided "as is". utsavapp.in makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, utsavapp.in does not make any representations concerning the accuracy or reliability of the use of the materials on its Platform or otherwise relating to such materials or any sites linked to this Platform.

Utsav App is represented at all the listed places / Religious organisations by direct temple trust & authorities /temple priest(s) / volunteers on ground. Utsav App tries to ensure every service/ritual is performed on ground at the mentioned locations on behalf of the devotees as it would have been in any offline situation. 

Utsav App will provide photos and videos as genuinity proof of the Spiritual Services being offered, which is however, subject to the permission from the Spiritual Leaders or authorities of the respective place of worship. We will try to provide you with relevant media suggesting the completion of the Spiritual Services. However, failure to do so will attract no liability from us and cannot be counted as fraud or cheating.

The cost of the offerings mentioned in the Platform is inclusive of the temple charges, dakshina and overheads like packaging, delivery and services charges.

REVISIONS & ERRATA

The materials appearing on utsavapp.'s Platform may include technical, typographical, or photographic errors. utsavapp.in will not promise that any of the materials in this Platform are accurate, complete, or current. utsavapp.in may change the materials contained on its Platform at any time without notice. utsavapp.in does not make any commitment to update the materials.

LINKS

utsavapp.in has not reviewed all of the sites linked to its Platform and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by utsavapp.in of the site. The use of any linked website is at the user's own risk.

HOW TO USE OUR SERVICES

We have developed a unique platform. Our Services are available in English & regional languages. We strive to give you personalised content and show you content that you will enjoy. We also allow you to download content that is available on our Platform and share your experience across social media platforms. To use our Services, you must register on our Platform by entering your phone number and the One-Time-Password sent by us via SMS to your phone number. When you register with us using the Utsav App mobile application, you also allow us to read your mobile device phone book, your SMS inbox, access your mobile gallery, mobile device storage, and mobile device camera. However, we do not read any information stored on your mobile device and computer without your permission.

In order to provide Services to you, we need to access certain features of your mobile device.

PRIVACY POLICY

Toeffectively provide and introduce any new Services to you, we collect certain information such as your phone number, and your name from you. We may further request and store additional information. Such information is stored securely on amazon web services or "AWS" cloud servers and the "Google Cloud Platform" cloud servers, thereby also subject to the terms of the AWS and Google Cloud privacy policy. The Utsav App Privacy Policy explains how we collect, use, share and store the information collected. The Utsav App Privacy Policy also details your rights under law and how you may control the data you provide us.

We have described how we store and use this information in the Utsav App Privacy Policy.

YOUR COMMITMENTS

To provide a safe and secure service to a diverse community, we must all do our share. We ask you to make some promises to us in exchange for our commitment to supply our Services. Please keep in mind that you will be fully responsible for the costs and repercussions of any activities you take on the Utsav App Platform (including any violation of these Terms), as well as the promises you make below.

By using our Services, you agree and acknowledge the following:

a. No Impersonation or False Information to be Provided

You are required to input your correct phone number to use our Services. You will not falsely represent yourself as another person or representative of another person to use our Services.

b. Device Security

We have put measures in place to maintain the security of our Platform. There is no assurance, however, that our Platform will be immune to hacking and malware attacks. To safeguard the safety of your mobile device and PC, you will install anti-malware and antivirus software. You will not allow anybody to use your phone number, and you will not enable several accounts to be attached to it. You will be held accountable for any content uploaded by any account associated with your phone number and email address.

While we do everything we can to secure your use of our Services, keep in mind that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice, ensure that your mobile device and computer are not used wrongly or tampered with in any way.

c. Content Removal and Termination

The Utsav App Content and Community Guidelines govern your use of our Platform. If any of our users report your material as violating the Content Community Guidelines, we have the right to remove it from our Platform. If you make numerous reports about violations of the Utsav App Content and Community Guidelines, we may be forced to terminate your account and restrict you from registering with us. If you wish to appeal any such removal, you may write to us at support@utsavapp.in.

We may remove any content that is shared on our Platform if such content is prohibited under the Utsav App Content and Community Guidelines.

d. Platform Not to be Used For Anything Unlawful or Illegal

Our Platform is built to support a wide range of languages, religions, and cultures, as well as a wide range of content. To that end, we've created a number of hashtags to categorise the type of the content. As a result, you must accurately identify the nature of the material you publish and hashtag it accordingly. You shall not, however, use our Platform to share any content that is obscene, pornographic, harmful to minors, discriminatory, spreading what may be considered hate speech, inciting any form of violence or hatred against any persons, violates any Indian laws, or is prohibited from being shared by Indian laws. We retain the right to delete inappropriate content. Please read the Utsav App Content and Community Guidelines for further details.

In addition to the foregoing, please be aware that we may share your information with appropriate law enforcement authorities if we have a decent belief that it is reasonably necessary to do so in order to comply with any legal obligation or government request; or to protect the rights or prevent any harm to our property or safety, our customers, or the general public; or to detect, prevent, or otherwise address public safety, fraud, security, or technology. You accept, however, that we cannot be held liable for any acts taken by or against you by a third party or user as a result of your use of our Platform.

We have developed a platform for people to engage in amazing social experiences; please do not share any content which is illegal or causes any harm to the well-being of members of the society or community.

e. Content Rights and Liabilities

We believe firmly in personal freedom and freedom of expression and enable you to share pictures, images, videos, and other content on our Platform. We do not own any of the content you share, and all rights to the content remain solely with you. You will not use our Platform to violate or infringe on the intellectual property rights of us or any third party. Such content is against Utsav App Content and Community Guidelines and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights vested in such content.

By sharing/posting/uploading content using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You may delete your content and/or account at any point. However, your content may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read the Utsav App Privacy Policy.

You will continue to be completely accountable for the material you post on our Platform. We do not endorse and are not liable for any content shared or posted on or via our Platform, as well as any repercussions arising from such sharing or posting. The placement of our logo or other trademark on your material does not imply that we have endorsed or supported it. Furthermore, we will not be accountable or responsible for the outcomes of any transactions conducted or engaged into by you with other Platform users or advertisers.

You will always have ownership and responsibilities for the content you share. We will never claim that we have intellectual property rights over your content, but we will have a zero cost, permanent license to use what you share and post on our Platform.

f. Intermediary Status and No Liability

We are an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing of the rules and regulations, Utsav App Privacy Policy, and Utsav App Terms of Use for accessing and using our Platform. Our role is limited to providing a platform for users to upload, share and display content, created or shared by you and other users.

We do not control what you or other people may or may not do on the Platform and are thus, not responsible for the consequences of such actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of India and is limited to that extent. You agree that we will not be liable for any loss of profits, revenues, information, or data, or any consequential, special, indirect, exemplary, punitive, or incidental damages arising from these Terms, even if we are aware of the possibility of such damages. This includes the deletion of your content, information, or account.

We are an intermediary under Indian law. We do not control what people post on our Platform but we expect everyone to comply with the Utsav App Content and Community Guidelines.

g. You Will Not Attempt to Disrupt or Jeopardize Utsav App services 

We created a platform that is driven by the community. As a result, you agree not to access or utilise non-public sections of our Platform, Services, or technical delivery system. You will not introduce any trojans, viruses, or other dangerous software, or employ bots to harvest user information from our Platform. Furthermore, you will not probe, scan, or test the vulnerability of any system, security, or authentication measures that we have deployed. We shall cancel your user profile and bar you from accessing our services if you tamper or attempt to tamper with our technical design and architecture. We may also report such conduct to the relevant law enforcement authorities and take legal action against you.

You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and may report your actions to the police and/or relevant legal authorities.

PERMISSIONS YOU GIVE TO US

You accept these Terms and give us certain permissions so that we can serve you better. Permissions you grant to us are:

a. Permission to Share Your Profile Information with Third Parties

While our Platform is a freely accessible and usable platform, we need to generate revenue so that we can keep offering you our Services for free. Pursuant to this, we may share any data that we may collect including but not limited to your username, profile pictures, gender, your usage and engagement habits and patterns on our Platform to show you any sponsored and controlled content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the users on our Platform does not amount to an endorsement by us.

If we share any sensitive personal information (as defined under the applicable laws), we will ask you for your consent prior to sharing the same.

b. Automatic Downloads and Updates

We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the Utsav App mobile application to your mobile device and update it from time to time.

Applications and software are constantly updated for your use and you will need to install the latest version of the Utsav App mobile application to your mobile device each time such update is generated.

c. Permission to Use Cookies

We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites. 

All websites use cookies and store them on your web browser so that usage information can be stored and logged in your browser. 

d. Data Retention

We shall have the right to retain certain information regarding your usage of the Platform. Please view the Utsav App Privacy Policy for further information relating to the collection, processing, storage and use of your information by us.

You grant us the right to process, store and retain information relating to you and provided by you. Please see the Privacy Policy for further information.

OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

a. Who Has Rights Under These Terms 

The rights and obligations under these Terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others. 

b. How Will We Handle Disputes

In all cases, you agree that disputes will be subject to the laws of India and the courts of Kolkata shall have exclusive jurisdiction over all such disputes.

BUSINESS INTEGRITY & ETHICS

1. We value honesty, integrity, and impartiality. Applex Technologies Private Limited, as a firm, is subject to all applicable anti-bribery and corruption legislation, including the Prevention of Corruption Act, 1988. Vendors must guarantee that they follow anti-bribery and corruption rules in both text and spirit.

2. We have a zero-tolerance policy for any sort of bribery or corruption. Bribery and corruption are incompatible with our ideals. Such acts are not permitted, nor are such payments made by third parties operating on our behalf, such as agents, consultants, Vendors, and contractors.

The Vendor shall ensure the following:

1. Implement monitoring and enforcement procedures to ensure compliance with anti-bribery and corruption laws;

2. Raise invoices and claims in line with the agreed services and supplies, along with the supporting documents;

3. Perform all business dealings transparently and maintain accurate details of the same in business books and records;

4. Never offer, directly or indirectly, any form of gift, entertainment or anything of value to anyone on behalf of Applex Technologies (“Utsav App”) including government officials, customers or their representatives to obtain or retain business; influence business decisions; and/or secure an unfair advantage;

5. Abstain from offering any bribe, kickbacks and/or facilitation payments.

6. Vendors must comply with all relevant laws and regulations in the nations and jurisdictions in which they operate, including but not limited to corporate governance, occupational health and safety, labour standards, and environmental management.

7. Act ethically, fairly, and professionally in all interactions with Utsav App and its stakeholders, and report situations when these standards have been or are likely to be violated.

Vendors will disclose to Utsav App any situation that may appear to be a conflict of interest, and will immediately disclose any known family or other close personal relationships with our employees who have an influence over their engagements with us.

HUMAN RIGHTS

Nirvann Applications Private Limited (Formerly known as Applex Technologies Private Limited) (“Utsav App”) expects our Vendors to conduct their activities in a manner that respects human rights;

Voluntary Labor

Vendor hires all workers (including temporary, migrant, student, contract, direct employee, and any other sort of worker) on a voluntary basis, free of any fear of violence, criminal consequence, or limits on freedom of movement. Vendors may not utilise jail, slave, bonded, forced, indentured, or debt induced labour, or engage in any other types of coercive labour, slavery, or human trafficking.

Minimum Age

Under no circumstances will Vendor hire people under the age of 15, or under the minimum age for employment or required schooling prescribed by local law, whichever is the greater.

Employment Practices

The Vendor shall only hire workers who are legally allowed to be employed in their facilities and shall be responsible for validating workers' eligibility to work through suitable documentation. All labour must be voluntary, and employees must be allowed to leave or end their job with adequate notice.

Health and Safety

The Vendor shall strive to provide a safe, healthy and clean working environment for its employees.

Wages

Vendors shall pay legally mandated salaries and benefits, comply with wage deduction laws, and provide workers with the basis on which they are paid via pay stubs or comparable evidence for every work completed by Applex Technologies Pvt Ltd.

Working Hours

Vendor shall guarantee that its staff work in accordance with all relevant laws and obligatory industry standards related to normal working hours and overtime hours, including breaks, rest periods, vacations, and maternity and paternity leaves, for any work conducted for Utsav App by the Vendor.

Non-Discrimination

Vendors shall not discriminate in hiring or employment practices based on pregnancy, childbirth or related medical conditions, race, religious creed, color, sex, gender, national origin or ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation, union membership or any other criteria protected under law. Vendor shall uphold the dignity of its employees at all times and work towards establishing and reinforcing a positive work culture.

Environment

The Vendor shall strive for environmental sustainability, particularly with regard to the consumption of water and energy, and the management of waste and hazardous materials and shall also ensure compliance with applicable laws and regulations relating to environment protection.

Gifts and Hospitality

Business gifts and hospitality are occasionally utilised in the usual course of business. However, if offers of gifts or hospitality (including entertainment or travel) are frequent or of sufficient value, they may create the impression of, or an actual conflict of interest or 'illicit payment'. As a result, gifts and hospitality should be modest in value, suitable, and comply with the law and corporate rules. Mohalla Tech personnel will deny any gift or hospitality offer that does not conform with the Mohalla Tech gifts and hospitality policy.

Third party representation

The Vendor shall not be authorised to represent Applex Technolgies Private Limited, or Utsav App brand, logo, mark without the written permission of Applex Technolgies. Authorised representatives of Vendor are expected to abide by the Utsav App’s Terms of Use in their interaction with, and on behalf of Applex Technologies Pvt. Ltd., including the confidentiality of information shared with them.

Protecting company assets

Utsav App's assets shall not be misappropriated; they shall be utilised principally and prudently to operate the business for which they have been properly authorised. These include tangible assets like equipment and machinery, systems, buildings, materials, and resources, as well as intangible assets like proprietary knowledge, intellectual property, and connections with Utsav App's value-chain partners.

Intellectual Property

Vendors will respect intellectual property rights, and will conduct technology and know-how transfers in a manner protecting intellectual property rights.

Confidential Information & Privacy

1. If the Vendor becomes aware of material, non-public information, including but not limited to business strategies, trade secrets relating to Nirvann Applications Private Limited (Formerly known as Applex Technologies Private Limited) or its business, it shall not engage in any other action to take advantage of that information, including passing that information on to others. In addition, if the Vendor becomes aware of material, non-public information about any other company, including Utsav App customers, Vendors, or other business partners, that is obtained by virtue of the Vendor's interaction with Applex Technologies Pvt. Ltd., then the Vendor may not engage in any other action to take advantage of that information, including passing that information on to others.

2. Vendors will protect the privacy of personal information of everyone with whom they do business, including Vendors, customers, consumers, and workers.

Supply chain

The Vendor is expected to implement its own binding code of conduct, and is expected to make reasonable efforts to promote the principles of this code in its own supply chain.

LIMITATION OF LIABILITY

We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guarantee due to the actions of any user of the Platform.

The Platform and Services are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.

In no event will we, our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and Vendors be liable for any special, incidental, punitive, direct, indirect, or consequential damages resulting from another user's breach of the Terms or reliance on any of the Services or the Platform.

If any exclusion contained herein is deemed invalid for any reason, and we or any of our affiliate entities, officers, directors, or employees are held liable for loss or damage, our liability shall be limited to the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of:

(i) your access to or use of the Platform and Services;

(ii) any breach by you of your obligations under this Agreement;

(iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;

(iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation;

(v) your negligence or willful misconduct.

This obligation will survive the termination of our Terms.

UNSOLICITED MATERIAL

We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

GENERAL

If any aspect of these Terms is unenforceable, the rest will remain in effect.

1. Any amendment or waiver to our Terms must be in writing and signed by us.

2. If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.

3. We reserve all rights not expressly granted to you.