UTSAV APP TERMS OF BUSINESS FOR SPIRITUAL SERVICE PROVIDERS
Last updated: 23rd Jan 2023
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.utsavapp.in, including the related mobile site and mobile application (hereinafter referred to as “Platform”) is owned and operated by Applex Technologies Private Limited (hereinafter referred to as 'Company'), a company incorporated under the Companies Act, 2013.
For the purpose of the Terms of Business (which shall mean and include the memorandum of understanding executed with you) (hereinafter referred to as “ToB”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a Spiritual Service Provider / Vendor on the Platform by agreeing to provide services on the Platform. The word ‘user’ shall imply a Spiritual Service Provider / Vendor on the Platform and the terms (‘we’, ‘us’ and ‘our’) shall mean the Company.
Your use of the Platform and the features therein and provisioning of any services to the end customer is governed by the agreements executed with you, these terms and conditions (ToB) including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform and provide services to the end customers who have specifically paid for availing your services, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with the Company, and these terms and conditions including the policies constitute your binding obligations to the Company.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToB at any time. We will notify you through any of the communication modes as mentioned in this ToB in case of any changes or updates to the ToB that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToB, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOB. PLEASE READ THE TOB CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting the ToB, you also accept and agree to be bound by all of Company’s policies applicable to you, as amended, from time to time.
Spiritual Service Provider / Vendor Eligibility
The use of the Platform is available only to persons who can form 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 etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a Spiritual Service Provider / Vendor on the Platform, transact or use the Platform. The Company reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to the Company’s notice or discovered that you are under the age of 18 years. If you register as an entity or a legal person, you represent that you are duly authorised by the business entity to accept the ToB and you have the authority to bind the business entity to the ToB.
Your Account and Registration Obligations
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time including, but not limited to, the following information, to register as a Spiritual Service Provider / Vendor :
- Spiritual Service Provider / Vendor Complete Name
- Spiritual Service Provider / Vendor Complete Address
- Spiritual Service Provider / Vendor Complete Contact details:
- Phone no.
- Email Address
- GSTIN (if available)
- Pick-up Address
- Registered Address - Principal geographic address of its headquarters and all branches
- Bank A/c Details
- Account Holder Name
- Cancelled Cheque
- Display Legal Name
- Legal Name / Trade Name
- Contractual information (SLA)
You agree that you have necessary licences and permits for providing Spiritual Services to the end customers or devotees on the Platform which shall be including but not limited to the licences required by all applicable laws. For the purposes of these ToB “Spiritual Services” means and include providing spiritual goods and services such as ‘prasad’ and the service to perform ‘pooja’ on behalf of the end customer.
You shall remain responsible for maintaining confidentiality of this information, and any customer information shared with you pursuant to your engagement with the end customer for providing Spiritual Services. Further you agree to maintain your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToB, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform and terminate any arrangement with the Company.
Spiritual Service Provider / Vendor Account Deactivation
As per our policy, if a Spiritual Service Provider / Vendor requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions which have been made prior to his closure request and this will be available to the said Spiritual Service Provider / Vendor for downloading payment and taxation reports, if required. After 90 days, the Spiritual Service Provider / Vendor would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the Spiritual Service Provider / Vendor’s account will be deactivated provided there are no outstanding Spiritual Services are due from the Spiritual Service Provider / Vendor.
When you use the Platform or send emails, other data, information, or communication to us or the end customer, you agree and understand that you are communicating through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
- The Company does not determine, advise, have any control, or in any way involve itself in the offering or acceptance of the terms of the Spiritual Services between you and customers.
- The Company does not make any representations or warranties regarding specifics (such as quality, value, and saleability) of the products or Spiritual Services proposed to be sold, offered to be sold or purchased on the Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any products and Spiritual Services on the Platform. We accept no liability for any errors or omissions of third parties in relation to the products and Spiritual Services.
- We are not responsible for any non-performance or breach of any contract between you and end customer. We cannot and do not guarantee that you and end customers concerned will perform transaction(s) concluded on the Platform. Company shall not and is not required to mediate or resolve disputes or disagreements between you and end customers.
- Company does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular end customer you choose to deal with on the Platform and use your best judgement in that regard.
- The Company does not at any point in time during a transaction between you and a end customer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or Spiritual Services offered by you to the end customer.
- The Platform is only a platform that can be utilised by you to reach a larger customer base to sell items or provide Spiritual Services. The Company only provides a platform for communication and acts as an intermediary between the Spiritual Service Provider / Vendors and the end customers.
Use of the Platform
- You agree and understand that the Company and the Platform merely provide hosting services to its registered users and persons browsing / visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. The Company shall bear no responsibility or liability in relation to or arising out of third party user generated content. The Company neither originates nor modifies the information contained in the transmission. The Company is merely an intermediary between end customer and Spiritual Service Provider / Vendors.
- You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles and you shall not host, display, upload, modify, publish, transmit, update or share any information or image which or perform any Spiritual Services:
- belongs to another person and over which you have no right;
- is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is false, inaccurate or misleading in any way;
- is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys;
- promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libellous;
- infringes upon or violates any third party's rights including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address, or phone number) or rights of publicity;
- promotes an illegal or unauthorised copy of another person's copyrighted work (see “Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
- contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
- contains unauthorised videos, photographs or images of another person (whether a minor or an adult);
- tries to gain unauthorised access or exceeds the scope of authorised access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
- engages in commercial activities and / or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.
- which we, at our sole discretion, believe is or could be construed as being illegal;
- interferes with another’s use and enjoyment of the Platform;
- refers to any website / URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToB;
- harms minors in any way;
- infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee / users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- You shall not make any negative, denigrating, or defamatory statement(s) / comment(s) about us, the brand name or domain name used by us, including the Company, the Company affiliates and associated entities, or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company or Spiritual Service Provider / Vendors on the platform or otherwise tarnish or dilute any the Company trademark, service marks, trade name and / or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or the Company’s systems, networks, or any systems or networks connected to the Company.
- You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToB or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and / or others.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations.
- You shall not engage in advertising or solicitation of other Spiritual Service Provider / Vendors on the Platform to buy or sell any products or Spiritual Services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired / via the Platform. It shall be a violation of the ToB to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and / or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorise us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and / or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. The Company shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToB. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE END CUSTOMERS AND OTHER SPIRITUAL SERVICE PROVIDER / VENDORS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect the Company’s views. In no event shall Company assume or have any responsibility or liability for any content posted on the Platform or Spiritual Services provided to end customer or claims, damages, or losses resulting from its use and / or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content you provide and activities you perform as part of the Spiritual Services and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.
- The personal data shared with the Spiritual Service Provider / Vendor should be kept confidential and secure and should be deleted post the warranty period. The Spiritual Service Provider / Vendor shall not use the customer data for any unauthorised purpose.
- This ToB constitutes the entire agreement between the Parties pertaining to the subject matter contained herein and supersedes and cancels in all respects all other agreements and understandings of the Parties, whether oral or written, pertaining to the subject matter under this ToB. The terms of this ToB may be modified, amended, varied or waived as per the requirements of the Company.
The Company grants Spiritual Service Provider / Vendors a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal licence to use the Platform name and / or logo on Spiritual Service Provider / Vendor’s invoice for transactions concluded on the Platform.
Spiritual Service Provider / Vendor Payment
- Transactions, transaction price and all commercial terms such as delivery, dispatch of products and / or services are as per principal to principal bipartite contractual obligations between Spiritual Service Provider / Vendors and end customer and the payment facility is merely used by Spiritual Service Provider / Vendors and end customer to facilitate the completion of transactions. Use of the payment facility shall not render the Company liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the Spiritual Services listed on the Platform.
- You have specifically authorised the Company or its service providers to collect, process, facilitate, and remit payments and / or the transaction price electronically or through other means to and from end customers in respect of transactions through payment facility. Your relationship with the Company is on a principal to principal basis and by accepting the ToB, you agree that the Company is an independent contractor for all purposes and does not have control of or liability for the Spiritual Services that are listed on the Platform and paid for by using the payment facility. The Company does not guarantee the identity of any user nor does it ensure that a Spiritual Service Provider / Vendor or end customer will complete a transaction.
- You understand, accept, and agree that the payment facility provided by the Company is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, collection and remittance for transactions on the Platform using the existing authorised banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, the Company neither acts as a trustee or fiduciary with respect to transaction or transaction price.
- All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users.
Dispatch of products and / or services
- You, as a Spiritual Service Provider / Vendor, shall be required to dispatch the Spiritual Services for every transaction to the end customer within the time period as provided in the ToB to ensure that the Spiritual Services are delivered in a timely manner.
- Spiritual Service Provider / Vendor shall provide dispatch details related to Spiritual Services listed by it on the Platform to the Company in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
- Spiritual Service Provider / Vendor shall dispatch the Spiritual Services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation or ‘proof of service’.
- Spiritual Service Provider / Vendor agrees that the dispatch details shall be true, correct, and duly authorised and shall not be misleading, fraudulent, false, unauthorised, illegal and shall not contain any misrepresentation of facts.
- In case a Spiritual Service Provider / Vendor fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the ToB and may lead to suspension and / or termination of Spiritual Service Provider / Vendor account.
- Spiritual Service Provider / Vendor agrees that the transaction price paid by an end customer will be remitted to a Spiritual Service Provider / Vendor’s bank account contingent upon Spiritual Service Provider / Vendor successfully providing the relevant Spiritual Service to the end customer along with ‘proof of service’ and the end customer acknowledging receipt of Spiritual Service.
Spiritual Service Provider / Vendor Charges
Registration on the Platform is free. The Company does not charge any fee for browsing / registering on the Platform. However, for any successful booking of Spiritual Service, the Company will charge a certain platform fee from the end customer as per its policies for facilitating access to Spiritual Services through the Platform. Company reserves the right to change its fee policy from time to time. In particular, the Company may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, the Company reserves the right to introduce fees for the new services offered or amend / introduce fees for existing services, as the case may be which shall be communicated to the end users or other concerned persons. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to the Company. You shall be solely responsible for compliance with all applicable laws for making payments to the Company.
Spiritual Service Provider / Vendors acknowledge that the Company will not be liable for any damages, interests, claims etc. resulting from not processing a transaction / transaction price or any delay in processing a transaction / transaction price that is beyond the control of the Company.
Company will collect payment on behalf of the Spiritual Service Provider / Vendor and once the Company has made payments into such a bank account number, the Company shall be discharged of any / all liabilities towards the Spiritual Service Provider / Vendor and the Spiritual Service Provider / Vendor shall not be eligible for any claims whatsoever.
Compliance with Laws
- Spiritual Service Provider / Vendor acknowledges and undertakes the compliance with all applicable laws and also will sign the declarations captured in this ToB.
- If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of the Company employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToB (“Company’s Personal Information"), you agree to:
- comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
- keep and maintain all Company’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and
- process the Company’s Personal Information solely to fulfil Your obligations under this ToB and not sell, rent, trade, lease, use for its own advertisement or marketing purposes, or otherwise make an unauthorised disclosure of the Company’s Personal Information to any third party.
- If in case your products / services are defective, deficient, adulterated or spurious, or if the products or Spiritual Services are not of the features as advertised or as agreed to or delivered late from the stated delivery schedule. You shall provide benefits of Refund, Return / Replacement, Exchange, Warranty and Guarantee, Withdrawal and Cancellation for the products / Spiritual Services listed on the Platform.
- You agree and undertake to comply with:
- To register yourself with the Company for selling your Spiritual Services on the Company’s Platform; and
- To display your all details such as name of the temple, geographic address, for the Spiritual Services listed & other info, if any.
- We shall be responsible to display your:
- Products / services details on the Company’s Platform, which are required to be displayed as per applicable laws; and
- Total price of products / services & its breakup with all required charges (including delivery charges / postal charges / handling / conveyance charges, Platform fee and applicable taxes).
- You shall ensure the authenticity or genuineness of your Spiritual Services.
- You shall provide updates on shipment and delivery of products / services that are shipped from your premises.