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Our Terms And Conditions

You (“you‘ or "Pandit" or "your") are required to read and accept all of the terms and conditions laid down in this Pandit User Policy Agreement (“Agreement"), before you may fill the registration form or use this website, ("site")www. GharKaPandit.com, the mobile and touch versions and any individual site or pandit-specific, city-specific, country-specific or other area-specific sites that _______ under the product name "GHARKAPANDIT” ("GHARKAPANDIT " or "its" or ”us")

This Agreement is effective upon acceptance and governs the relationship between you and including the sale and supply of any services on the site. if you do not agree to be bound by this Agreement, you may not use the Site in any way.

This Agreement, is effective as of the date applied by you to become a Pandit respect to GHARKAPANDIT and by signing the Pandit User Policy (hereinafter referred to as Date of Agreement) or clicking the "l have read and accept the pandit user policy' box (hereinafter referred to as the ”Date of the Agreement”).

This Agreement relates to the placement of certain services by the Pandit through GHARKAPANDIT. GHARKAPANDIT will promote a Pooja for the Pandit's service with the particular Pooja characteristics identified in the Order Form, in accordance with this Agreement.

By accessing and using GHARKAPANDIT's services through GHARKAPANDIT's Pandit Portal (as defined below), you agree to the follow the terms and conditions and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the ”Terms").

If the law or GHARKAPANDIT's functionality changes and affects the services GHARKAPANDIT is able to offer you through GHARKAPANDIT's Pandit Portal, GHARKAPANDIT reserves the right to change these Terms or GHARKAPANDIT's program features from time to time. It shall be your duty to review these Terms regularly. If at any time you no longer agree with these Terms, or you do not agree to any modified Terms, then you must immediately stop using GHARKAPANDIT's Pandit Portal and cease participation in any GHARKAPANDIT self-service Pandit program (any self-service program shall be hereinafter referred to as I "Program). Unless you have agreed otherwise in writing with GHARKAPANDIT, these Terms govern the use of GHARKAPANDIT‘s services through GHARKAPANDIT‘s Pandit Portal.

1.GHARKAPANDIT'S ONLINE PANDIT PORTAL

a) 'Pooja" means a Pooja that has been accepted by GHARKAPANDIT and description under the same shall evidence a customer's selection of a Pooja and contains the terms of, and unique information for, such Pooja;
b) "the amount paid,“ for the Pooja means the amount that a customer pays for a Pooja;
c) A Pooja ‘s "Promotional Value“ is the unpaid portion of the Pooja's value in excess of the amount paid. (For example, if a purchaser pays INR 1,000/for a Pooja with a INR 2,500/Full Offer Value, that Pooja's Promotional Value would be INR 1500/);
d) A Pooja's "Full Offer Value" means the full value of the Pooja for which the customer will be able to redeem it on or before the Promotional Value Expiration, and is equal to the sum of its Promotional Value plus its amount paid;
e) As applicable, a Pooja's "Promotional Value Expiration" is the date and time after which a Pooja's Promotional Value may no longer be used (unless otherwise required by law), and after which time and date, the Pooja may only be redeemed for its amount paid unless refunded, and when the randomly selected coupon codes "expire" and may no longer be used after the date and time indicated on the on such coupons, after which time, the purchaser will be refunded the amount paid;
f) “Sales Period(s)“ means the date (or dates) and period (or periods) of time an Offer will be available for purchase as specified in Section 3.1;
g) ”Site“ means, collectively, the GHARKAPANDIT website, the mobile and touch versions and any individual site, pandit-specific, city-specific, country-specific or other area-specific sites.


2.APNEPANDITJ EE'S ONLINE PANDIT PORTAL

2.1 GHARKAPANDIT'S Pandit Portal: ln order to use certain services, the Pandit is required to be registered with a special account on the GHARKAPANDIT Site (GHARKAPANDIT'S Pandit Portal). The Pandit Portal will facilitate the Pandit's use of various GHARKAPANDIT services and will allow the Pandit to provide and receive current and accurate, contact and other information pertaining to the Pandit's relationship with GHARKAPANDIT. You shall be responsible for maintaining the confidentiality of the Pandit Portal password, and shall be responsible for all activities that occur under such account. You hereby agree to immediately notify GHARKAPANDIT of any unauthorized use of your password or Pandit Portal or any other breach of security related to the GHARKAPANDIT Site. GHARKAPANDIT is not and will not be liable for any loss or damage arising from the your failure to manage the Pandit Portal, including without limitation to regularly review the accuracy of the Pandit information created on your behalf by authorized GHARKAPANDIT personnel. In addition to the other rights set forth herein, GHARKAPANDIT reserves the right to refuse service and/or access to the GHARKAPANDIT Site to you or any other pandit at any time without notice for any reason. When using GHARKAPANDIT's Pandit Portal and the GHARKAPANDIT Site directly or indirectly via an authorized agent, to submit and manage other Poojas, you shall accept and comply with certain terms and conditions applicable to pandits. GHARKAPANDIT may offer certain optional features or functionalities within GHARKAPANDIT's Pandit Portal. if you choose to use such features, then you may be required to agree to separate terms that are specific to those features that will be disclosed and available at the time you select any such option. You hereby represent that you has full power, capacity and authority to accept these Terms and this Agreement. if the Pandit herein, is accepting these Terms on behalf of the Pandit's employer or another entity, the Pandit herein represents that it has full legal authority to bind such employer or such entity to these Terms.
2.2 Pandit Feeds. The Pandit Feeds is the section of GHARKAPANDIT's Pandit Portal (in contrast to any individual user account you may maintain) where Pandits may directly, or indirectly through an authorized employee or representative, access information about past service provided that have run through the Program and manage Pending Poojas. You may use GHARKAPANDIT's Pandit Portal to submit a request to launch a new Pooja through a Program and suspend or stop a particular Pooja. Within the redemption section of GHARKAPANDIT's Pandit Portal, you may also submit redemption data for the Pandit's Poojas. You may also review analytics and statistics for your Poojas.
2.3 You shall utilize the portal to provide:
a) Any updates to your business and contact information;
b) All text for the Pooja, including a description of the venue, product, or service being offered, any special instructions or limitations, availability and any other relevant information;
c) Proposed pricing for the Pooja;
d) Expiration date of Pooja, if any; and
e) High resolution/camera ready artwork, images, etc. necessary to prepare the online Listing.


3: PROGRAM PARTICIPATION AND THE PAN DIT'S OFFER

3.1 Creation of a Pooja: By participating in a Program, you shall define the conditions of, and may supply the content and images to describe and illustrate, your Pooja and its terms, by completing and submitting, or authorizing an agent to complete and submit the same through GHARKAPANDIT's Pandit Portal. Such submission does not obligate GHARKAPANDIT to accept it or any of its contents nor to promote the Pooja, and is not binding on GHARKAPANDIT until GHARKAPANDIT actually promotes the Pooja on the GHARKAPANDIT Site. At the point GHARKAPANDIT begins to promote the your Pooja to the public, the Sales Period begins and the Pooja becomes an “Active Pooja “ during such Sales Period(s) unless GHARKAPANDIT earlier terminates the said Pooja for any or no reason. You shall be responsible and liable for all Pooja content and terms, and for GHARKAPANDIT's or any purchaser's use or reliance on any of the foregoing. In creating a Pooja, you hereby agree not to:
a) offer to sell any goods or services on terms or in a manner that is prohibited by law from being offered or advertised;
b) include any content that violates or infringes in any way upon the rights of others; or
c) include any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any Law.
3.2 Promotion of Poojas: if GHARKAPANDIT accepts your Pooja request, GHARKAPANDIT may promote the Pooja using any method and through any medium that GHARKAPANDIT deems appropriate in its sole discretion, including through e-mail, mobile applications and any other type of electronic interface or distribution channel owned, affiliated, controlled or operated by or through GHARKAPANDIT. GHARKAPANDIT further reserves the right, but has no obligation, to promote the Pooja through its affiliates and third party business partners from time to time. GHARKAPANDIT will promote the Pooja to GHARKAPANDIT customers and potential customers based on geographic or other geolocational data, but will determine the customers and potential customers to whom the your Pooja is actually promoted and made available in its sole discretion. GHARKAPANDIT will offer and promote your service identified in our Order Form (the ”Pandit Product") through GHARKAPANDIT's online platform on the terms and conditions described. The scheduled time period that each Pooja is marketed and offered (the "Pooja Offer Period") will be designated solely by GHARKAPANDIT. Without limiting the foregoing, a Pooja Offer Period is typically 0-48 hours. Pooja Offer Periods are subject to scheduling change or cancellation in the sole discretion of GHARKAPANDIT. GHARKAPANDIT will endeavor to notify the Pandit in advance of the Pooja Offer Period. However, GHARKAPANDIT provides no guarantee that it will provide advance notice of Pooja Offer Periods or changes to a planned Pooja Offer Period.
3.3 Upon Purchase: Once GHARKAPANDIT has received payment from a purchaser of the amount paid, GHARKAPANDIT will authorize the Pooja. The Any restrictions or limitations on the performance of the Pooja by the Pandit will be specified. Purchasers may then redeem the Pooja by presenting the proof of payment to the Pandit as printed certificates, through their mobile devices, or any other media that GHARKAPANDIT has adopted for the same.
3.4 Responsibility for Pooja: You hereby acknowledge that it the Pooja can be performed by you. You shall be responsible and liable for:
a) the decision to make the your Pooja available through the GHARKAPANDIT services;
b) fulfilling the your Pooja with respect to all coupon holders; and
c) supplying all goods and/or services specified In the Pooja.
3.5 Redemption Obligations: You shall comply with the obligations specified in this “ Agreement, the Pooja and other obligations regarding the use of GHARKAPANDIT's Pandit Portal. in addition, when redeeming coupons, you shall:
a) honor your obligations during the time period specified on, pursuant to the terms of, your Pooja, and as required under applicable law(s);
b) handle all customer service in connection with performance of the Pooja;
c) honor the proof of payment presented by an individual, even if that individual was not the purchaser, unless
I. otherwise specified in the Fine Print (as defined below) or,
II. you reasonably believe that the individual obtained the coupon in an unauthorized or illegal manner, in which case you shall immediately contact GHARKAPANDIT and explain the circumstances; and
d) comply with the terms and conditions of the Pooja without unreasonable modification and without imposing any restrictions or additional charges or penalties that are not expressly stated by GHARKAPANDIT.
e) You shall specify all generally applicable policies (e.g., cancellation policies that apply to all customers), restrictions and contractual arrangements (e.g., liability waivers required for all customers) applicable to the Pooja ("Fine Print"), and GHARKAPANDIT shall have no liability for the nature of the Pandit's Fine Print or its failure to specify appropriate Fine Print.
3.6 The Pandit's Third Party Pandits: You may subcontract or delegate portions of your performances required by these Terms/ this Agreement with respect to a particular Pooja to a third party (each, a "Third Party Pandit"). If you subcontract or delegate to Third Party Pandits with respect to fulfilling such Pooja, you will remain solely responsible and liable for
a) all your obligations, including financial obligations, under these Terms/ this Agreement and
b) all acts and omissions of your Third Party Pandits.
You shall accordingly require your Third Party Pandits to comply with all applicable restrictions and obligations imposed on you under these Terms/this Agreement, and you will be solely responsible for its financial and contractual relationship with your third party pandit relationship with the your Third Party Pandits.
3.7 License to the Pandit's Content: You hereby grant GHARKAPANDIT a nonexclusive, worldwide, transferable, irrevocable, perpetual and sub-licensable license to use, copy, distribute, display and perform any trademarks, photographs, graphics, artwork, videos, sound clips, text, and other content or materials that you provide to GHARKAPANDIT in GHARKAPANDIT's Pandit Portal or otherwise used to describe the your Pooja ("Pandit's Content") in any and all media or formats in connection with GHARKAPANDIT‘s fulfillment of its rights and obligations under this Agreement, including the promotion of Poojas and distribution of coupons and for the purpose of developing, distributing, and otherwise promoting the Pooja as GHARKAPANDIT deems appropriate.
3.8 Pooja Creatives: GHARKAPANDIT may use Pandit Content to prepare one or more promotional creatives for the particular Pooja (”Pooja Creatives”), in its discretion, which may include a Pooja page hosted on the GHARKAPANDIT Site or other websites offered with our distribution partners, an email creative to be distributed to potential purchasers of the Pooja, or other similar creatives for online promotion of the Pooja. Pooja Creatives may or may not be subject to your prior approval (which may be made by email), not to be unreasonably withheld or delayed. Once a Pooja Creative has been approved, GHARKAPANDIT is deemed to have approval to use and promote other Pooja Creatives that are substantially similar to the approved Pooja Creative. After the term of this Agreement, GHARKAPANDIT may continue to use and distribute the Pooja Creatives as exemplars and for general promotional purposes. in the event that you do not submit a Pooja Creative, or approach GHARKAPANDIT to create such a Pooja Creative, GHARKAPANDIT shall strive to get your approval prior to making the final Pooja Creatives, however, GHARKAPANDIT shall not be bound to get your approval and you hereby agree that all/any Pooja Creatives submitted by GHARKAPANDIT on your behalf are ratified and approved by you, and you will not hold GHARKAPANDIT in any way liable or responsible for the consequences thereof.
3.9 Acknowledgement of Strategic Sales Activity: Unless you specifically notify GHARKAPANDIT in writing otherwise, if you participate in the GHARKAPANDIT Program, and if GHARKAPANDIT elects to promote your Pooja to customers at any price that is less than the price you established, GHARKAPANDIT will:
a) calculate the Program's Aggregate Net Amount using the value established by the you;
b) only promote a certain number of units at that reduced price,
c) in no case make more than any maximum number of units available, and
d) not make the your Offer available on the GHARKAPANDIT Site at two different prices at the same time.
3.10 Press Release: GHARKAPANDIT may, in its sole discretion, include the you in any press release regarding the Poojas described herein or identify you as GHARKAPANDIT‘s Pandit.
3.11 You acknowledge that GHARKAPANDIT will be promoting Pandit Listings as “exclusives." allowing GHARKAPANDIT's users "special” access to Pandit Poojas. From the date of the Pooja up through the Listing Term, Pandit agrees to refrain from offering or promoting any other online or similar discount or Pooja offer if such an offer is of similar or greater value. Section 4: TERM AND TERMINATION
4.1 Term: These Terms are effective on the earlier of the date on which you first access the Pandit Feeds through Pooja's Pandit Portal, accept the Pooja's Pandit Portal‘s Terms. These Terms will remain in effect through the expiration of all coupons' amount paid or such earlier date as all coupons are redeemed or refunded to their purchasers, unless otherwise earlier terminated as set forth below.
4.2 Termination: GHARKAPANDIT may terminate these Terms and suspend the your access to GHARKAPANDIT's Pandit Portal with one (1) day advance written notice for convenience, or immediately for cause if:
a) You violate its redemption obligations with respect to any Offer made by it through GHARKAPANDIT programs and services;
b) You fail to redeem or cause the redemption of any coupon to fail for any reason, including but not limited to the sale or dissolution of the Pandit's business, a violation of or a higher than expected number of purchasers,
c) You violate any of the material terms of these Terms or any other agreement you have with GHARKAPANDIT, or
d) Otherwise misuse, repeatedly abuse Program guidelines or GHARKAPANDIT's standards that have been communicated to you in advance, or in any way engage in conduct, which in GHARKAPANDIT's sole discretion, is unfair, misleading, deceptive or otherwise in bad faith, and without regard to whether such conduct is actually adverse to the interests of GHARKAPANDIT or any GHARKAPANDIT customer.


4: TERM AND TERMINATION

4.1 Term: These Terms are effective on the earlier of the date on which you first access the Pandit Feeds through Pooja's Pandit Portal, accept the Pooja's Pandit Portal‘s Terms. These Terms will remain in effect through the expiration of all coupons' amount paid or such earlier date as all coupons are redeemed or refunded to their purchasers, unless otherwise earlier terminated as set forth below.
4.2 Termination: GHARKAPANDIT may terminate these Terms and suspend the your access to GHARKAPANDIT's Pandit Portal with one (1) day advance written notice for convenience, or immediately for cause if:
a) You violate its redemption obligations with respect to any Offer made by it through GHARKAPANDIT programs and services;
b) You fail to redeem or cause the redemption of any coupon to fail for any reason, including but not limited to the sale or dissolution of the Pandit's business, a violation of or a higher than expected number of purchasers,
c) You violate any of the material terms of these Terms or any other agreement you have with GHARKAPANDIT, or
d) Otherwise misuse, repeatedly abuse Program guidelines or GHARKAPANDIT's standards that have been communicated to you in advance, or in any way engage in conduct, which in GHARKAPANDIT's sole discretion, is unfair, misleading, deceptive or otherwise in bad faith, and without regard to whether such conduct is actually adverse to the interests of GHARKAPANDIT or any GHARKAPANDIT customer.
4.3 Suspension of a Program Pooja: Notwithstanding anything herein to the contrary, either you or GHARKAPANDIT may cancel or suspend a Program Pooja through GHARKAPANDIT's Pandit Portal for any or no reason.
4.4 Obligations Upon Termination; Survival of Relevant Provisions: Neither the expiration nor termination of these Terms/this Agreement, nor the your suspension or cancellation of any Pooja shall in any way affect the rights of any holder of a valid coupon, GHARKAPANDIT’s obligation to pay the you for validly redeemed coupons, or modify or eliminate the your obligation to redeem any valid coupon pursuant to its terms. All Terms and any sections of these Terms/this Agreement that are logically intended and required to survive…


5:REPRESENTATIONS AND WARRANTIES

5.1 The Pandit represents and warrants that:
a) he has the power and authority to enter into the Agreement and perform its obligations under these Terms;
b) he is in good standing under the Laws of his; and it is duly qualified to do conduct Poojas and is in good standing in each jurisdiction where the conduct of Poojas, provision of services, etc. requires such qualification;
c) this Agreement reflect his legal, valid and binding obligation, enforceable against him; and
d) he shall comply with all Laws applicable to its obligations under the Agreement
5.2 The Pandit further represents and warrants to GHARKAPANDIT that:
a) The Pandit and any of the Pandit's Third Party Pandit(s), as applicable,
I. are registered for the performance of poojas, services and other similar taxes in all states and localities in which goods and/or services will be made available pursuant to the terms hereof; and
II. will collect and remit any and all applicable state or local sales, Vat, service, and other similar taxes that may apply to the performance of Poojas or providing of services;
b) the Pandit Content, the Pandit’s representations, do not and will not infringe, misappropriate, or otherwise violate any intellectual property right or right of privacy or publicity of any third party;
c) the Pandit holds all necessary Regulatory Documents and Authorization Documents, if any, required to conduct a Pooja and provide the services described therein;
d) the Pandit will provide the services made available through any Pooja in a manner consistent with best practices; and
e) the Pandit has all rights necessary to grant the licenses set forth in these Terms.
f) the Pandit agrees and acknowledges that GHARKAPANDIT markets and facilitates the purchase of the Pooja, but that the Pandit remains the one to conduct it. Accordingly the Pandit agrees that he, and not GHARKAPANDIT, is solely responsible to fulfill the Pooja and provide the Pandit's services to the individual purchasing such Pooja in accordance with this Agreement
g) the Pandit agrees to honor and fulfill all conditions under a Pooja in accordance with the terms of the Pooja, the standard GHARKAPANDIT Terms and Conditions, this Agreement, and any applicable laws.
h) The Pandit agrees to accept the proof of purchase in any form presented for redemption that has been approved by GHARKAPANDIT, including, without limitation, a physical printout of the proof of purchase or by displaying the proof of purchase on a mobile device at the point of service.
i) The Pandit represents that it shall not treat the customers differently from other paying customers in the delivery of services, except as expressly set forth in the Pooja. For Poojas that require advance scheduling, the Pandit shall use its best efforts to accommodate the scheduling request of the customer.
j) The Pandit shall collect and provide to GHARKAPANDIT on a regular basis, no less frequently than monthly, a list of the Poojas conducted. The Pandit may provide this information in paper or digital form or, when available, using GHARKAPANDIT's Pandit portal through which the Pandit can record such data.
5.3 NO FURTHER REPRESENTATIONS ARE MADE EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF PANDIT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON~INFRINGEMENT. GHARKAPANDIT DOES NOT WARRANT OR GUARANTEE THAT
A. ANY POOJA WILL BE ERROR-FREE;
B. ANY ERRORS, OMISSIONS OR MISPLACEMENTS WILL BE CORRECTED, OR
C. THE POOJA WILL RESULT IN ANY REVENUE OR PROFIT FOR THE PANDIT. GHARKAPANDIT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GHARKAPANDIT SITE OR ANY OTHER PROMOTION. DISTRIBUTION OR REDEMPTION METHOD USED OR PROVIDED BY GHARKAPANDIT (INCLUDING WITH RESPECT TO ITS UNINTERRUPTED OR ERROR-FREE OPERATION) AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THEREIN. THE GHARKAPANDIT SITE AND OTHER PROMOTION, DISTRIBUTION OR METHODS USED OR PROVIDED AND ALL RELATED INFORMATION AND MATERIALS ARE PROVIDED "AS IS“, WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN "AS AVAILABLE" BASIS.


6: INDEMNIFICATION

6.1 You, at your sole cost and expense, shall defend, indemnify and hold GHARKAPANDIT, its affiliated and related entities, and any of their respective officers, directors, agents and employees, harmless from and against any third party claims, lawsuits, actions, proceedings or investigations (collectively, "Claims") from and against any fees, costs, sanctions, penalties, damages, losses or expenses (including but not limited to attorney's fees and costs) (collectively, "Losses“) arising out of or relating to any of the following:
a) your or any Third Party Pandit's
I. fraud, willful misconduct, or gross negligence or
II. breach or alleged breach of these Terms;
b) any claim for state sales, use, hotel occupancy, or any other similar tax obligations (including any penalties, interest or other additions to tax) arising from the sale and subsequent conducting of a Pooja;
c) to the extent applicable, any claim by any local, state or central governmental entity for any unclaimed property regarding the Pooja, including but not limited to, any claims for penalties and interest;
d) the services provided by you, including but not limited to, any claims for false advertising, injuries, illnesses, damages, or death;
e) any Pooja, including the your provision of incomplete or inaccurate or information applicable to such Pooja; or
f) Pandit Content; and
g) any infringement, misappropriation, or other violation, of any patent, trademark, copyright, publicity, privacy, trade secret, or other right of any third party by the Pandit, the Pandit's Content, or the use thereof.
6.2 indemnification Process: If GHARKAPANDIT seeks indemnification under this Section 6, GHARKAPANDIT shall promptly notify you in writing of any Claim for which it seeks indemnification; provided that a failure to timely provide such notice shall not relieve thyou of its indemnification obligations unless it can demonstrate actual prejudice as a result of such failure.


7: COMPLIANCE WITH LAW AND AUTHORIZATIONS

7.1 General: You will ensure that the terms of any Pooja, any Fine Print, and your activities under the Agreement, comply with any and all national, state and local laws, rules regulations, and orders, and all laws that govern false, unfair and deceptive practices, including the Maharashtra Prevention and Eradication of Human Sacrifice and other lnhuman, Evil and Aghori Practices Act, 2013. You understand and agree further that your compliance with Laws is a basic requirement, and that you must also comply with all of GHARKAPANDIT's requirements and pooja-specific policies applicable, which Rules may require the Pandit to do more than the Laws alone might mandate.
7.2 Health and Safety: You represent and warrant that all services provided in connection with any Pooja are safe and comply with all applicable Laws regarding health and safety, fire, and hygiene standards (collectively, “Health Laws“). At GHARKAPANDIT'S request, you agree to promptly provide copies of any applicable facility operating license(s), or similar credentials or documents evidencing the your and the your facility(ies) compliance with the Health Laws. You shall ensure that such facilities and operations remain in compliance with all applicable Health Laws during the term of these Terms. GHARKAPANDIT reserves the right to immediately terminate its relationship with you, and to refuse to promote your Pooja, if it believes the Pandit does not fully comply with any or all applicable Health Laws.
7.3 Authorization Documents: You hereby represent and warrant that you have all rights and permissions necessary to provide or use any goods, services, or brands that you do not independently own as part of any Pooja and to grant the rights to the Pandit Content granted under these Terms. Even if GHARKAPANDIT has accepted a Pooja Creative for your Pooja, GHARKAPANDIT shall have no obligation to promote or to continue to promote, any Pooja if it has any concerns about the integrity of said Pooja. You shall immediately notify GHARKAPANDIT if, at any time during the term of the Agreement, you no longer has all necessary rights and permissions required to make the Pooja available on the Site through the GHARKAPANDIT services. '
7.4 Regulatory Documents: You hereby represent and warrant that you has obtained all governmental licenses, approvals and authorizations necessary to provide the goods or services included as part of such Pooja. If requested, you shall provide GHARKAPANDIT with copies of licenses, proof of authorization or other appropriate documentation evidencing such regulatory permissions ("Regulatory Documents"). Even if GHARKAPANDIT has accepted you for the conducting of a Pooja, GHARKAPANDIT shall have no obligation to promote or continue to promote your Pooja if GHARKAPANDIT has any concerns regarding the existence, integrity or veracity of Regulatory Documents GHARKAPANDIT reasonably is relying on you to have and maintain. You shall immediately notify GHARKAPANDIT if, at any time during the term of the Agreement, you no longer have all rights and Regulatory Documents required to make the Pooja available on the Site and through the GHARKAPANDIT services.


8: CONFIDENTIALITY

8.1 Confidential Information: You acknowledge that the transactions contemplated by this Agreement involve the ’sharing of confidential and proprietary information and you agree to refrain from disclosing or discussing any of the terms of this Agreement and any other agreements between you and GHARKAPANDIT to any third party without the express written consent of GHARKAPANDIT. You agree that:
I. the terms set forth in a Pandit Portal,
II. any information designated by the APN EPANDITJEE as "confidential," and
III. any other information that the GHARKAPANDIT should reasonably expect to be confidential under the circumstances shall be collectively deemed “Confidential Information."
8.2 Obligation: You shall take reasonable precautions to protect all Confidential Information, and will only disclose Confidential Information to your employees/subsidiaries/directors/partners/affiliates etc. on a need-to-know basis. You may only disclose Confidential Information to the Pandit's Third Party Pandits if they have signed a confidentiality agreement that requires them to protect the Confidential Information in at least the same manner specified in these Terms. If you are required by Law to disclose the GHARKAPANDIT'S Confidential Information, you shall promptly notify GHARKAPANDIT and shall cooperate with GHARKAPANDIT to obtain a protective order or to otherwise limit the disclosure of the Confidential Information.
8.3 irreparable Harm: You agree that, in the event of an actual, alleged or threatened breach of its confidentiality obligations established by these Terms, GHARKAPANDIT is likely to suffer immediate and irreparable harm, and may seek a temporary restraining order, injunction or other form of equitable relief without the posting of any bond or other security.


9: INTELLECTUAL PROPERTY RIGHTS; CUSTOMER DATA

9.1 GHARKAPANDIT IP: You acknowledges that GHARKAPANDIT owns all right, t tle and interest, including all intellectual property rights, in the GHARKAPANDIT Site, trade name, logos, trademarks, and service marks, and any content, data, software, technology, tools, or business methods used by GHARKAPANDIT to perform under these Terms (collectively the "GHARKAPANDIT lP“). With respect to any Pooja, you may use GHARKAPANDIT’s name, trademarks, and logos solely to publicize to your customers and potential customers the fact that you are featuring that Pooja through GHARKAPANDIT. This limited right to use GHARKAPANDIT'S branding is applicable only during the period from the start of the Sales Period through the Promotional Value Expiration. Notwithstanding the above, you shall not use or display the GHARKAPANDIT l? in any manner that states or implies that GHARKAPANDIT has endorsed Pooja your services. Any use of GHARKAPANDIT lP shall comply with any GHARKAPANDIT usage guidelines posted on the GHARKAPANDIT Site or provided to you from time to time. All goodwill and improved reputation in respect of and associated with the GHARKAPANDIT lP shall inure to the sole benefit of GHARKAPANDIT. Except as expressly set forth in these Terms, you shall have no right, license, title or interest in or to any GHARKAPANDIT IF, and shall not use, distribute, transfer, copy. download, display, modify, perform or create derivative works of the GHARKAPANDIT lP without the express written consent of GHARKAPANDIT. You shall not translate, reverse engineer, decompile or disassemble the GHARKAPANDIT lP. GHARKAPANDIT has the right to revoke the rights set forth in this Section upon written notice to you and GHARKAPANDIT reserves all rights not specifically granted.
9.2 Customer Data: You acknowledge that GHARKAPANDIT owns all data collected by, or on behalf of, GHARKAPANDIT pursuant to these Terms, including all information and data of individuals/customers. Subject to applicable Laws and in accordance with GHARKAPANDIT“: policies and procedures, GHARKAPANDIT shall not provide you with access to Customer Data, except:
I. to the extent such specific data is necessary for you to perform the required service, and,
II. to the extent that any potential purchaser is made aware by statements in the Fine Print, that providing or sharing certain information is required in order to avail services , if such sharing would not be implicit in the type of good or service being offered. Except to the extent required by Laws or otherwise authorized in writing by GHARKAPANDIT, you may not use Customer Data for any purpose other than to Pooja to provide the required service. You shall, and shall ensure that any Third Party Pandits that you may work with, take commercially reasonable efforts to protect the security of Customer Data and comply with all Laws (and GHARKAPANDIT's policies and procedures) relating to the processing of any Customer Data. If you become aware of, or suspect, any unauthorized access to or use of Customer Data, you shall immediately notify GHARKAPANDIT, and shall cooperate with GHARKAPANDIT in the investigation of such breach and the mitigation of any damages. You shall bear all resulting costs and expenses incurred by GHARKAPANDIT to comply with applicable Laws (including without limitation any data breach Laws). Upon termination or expiration of this Agreement, you shall, as directed by GHARKAPANDIT, destroy or return to GHARKAPANDIT all the Customer Data in your or your Third Party Pandits' possession.


10: LIMITATIONS OF LIABILITY; INSURANCE

10.1 LIMITATION OF GHARKAPANDIT'S LIABILITY: GHARKAPANDIT'S SOLE AND COMPLETE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO YOU BY APNEPAN DITJEE PURSUANT TO THESE TERMS AND PRIOR TO THE DATE THE CLAIM AROSE. IN NO EVENT SHALL GHARKAPANDIT BE LIABLE TO YOU, ANY THIRD PARTY PANDIT OR ANY OTHER THIRD PARTY FOR ANY CLAIMS RELATING TO THE USE OF YOUR SERVICES, INCLUDING BUT NOT LIMITED TO CLAIMS RELATING TO FALSE ADVERTISING, INJURIES, ILLNESSES, DAMAGES, OR DEATH.
10.2 NO CONSEQUENTIAL DAMAGES EXCEPT FOR
A. INDEMNIFICATION OBLIGATIONS HEREUNDER OR
B. (WITH RESPECT TO THE PANDIT,) THE PANDIT'S THIRD PARTY PANDS'
I. VIOLATION OF SECTION 8 (COMPLIANCE WITH LAW AND AUTHORIZATIONS), SECTION 9 (CONFIDENTIALITY), OR SECTION 10 (INTELLECTUAL PROPERTY RIGHTS; CUSTOMER DATA) OR
II. FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL EITHER PARTY BE LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE.
10.3 Insurance: You hereby represent and warrant that you have, and shall maintain at its expense and at all times during the term of these Terms, all types of liability insurance policies, with coverage in amounts that are customary for pandits and/or service providers in the your region, consistent with best industry practices, and sufficient to fully comply with applicable Law and fulfill its obligations under these Terms. Upon '5 request, you shall provide proof of its maintenance of such policies and provide assurances that indicate that will be covered by the your insurance policies in the event of a claim arising under or in relation to, these Terms or any Pooja.


1 1: MISCELLANEOUS

11.1 Electronic Communications and Notices: You acknowledge that communications between you and APN EPANDITJEE often use electronic means. For contractual purposes, you hereby
a) consent to receive communications from GHARKAPANDIT in an electronic form and
b) agree that all terms and conditions, agreements, notices, disclosures. and other communications that GHARKAPANDIT provides to you electronically satisfies any Legal requirement that such communications would satisfy if it were be in writing.
11.2 Any notice required or permitted hereunder shall be provided in writing, and shall be deemed delivered when
a) delivered by electronic mail to the then-current e-mail address in GHARKAPANDIT‘S Pandit Portal, or
b) regardless of whether or not actually received, when deposited in
(i) the Indian postal service, postage prepaid, certified post, return receipt requested, or
(ii) a regional or national overnight courier service, addressed to the applicable Party at the address set forth in the Pandit's case, in GHARKAPANDIT's Pandit Portal, and in GHARKAPANDIT's case, to GHARKAPANDIT; ____ with a copy to the attention of the Legal Department.
11.3 Force Majeure: GHARKAPANDIT shall not be liable for any default or delay in the performance of its obligations under these Terms due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond the reasonable control of such Party and only for the duration of such event.
11.4 Relationship of the you and GHARKAPANDIT: Nothing in these Terms shall be deemed or construed by the you, nor by any third party, as creating a joint venture, partnership, franchise, or an agency relationship between you and GHARKAPANDIT. You have no authority, without the GHARKAPANDIT'S prior written approval, to bind or commit GHARKAPANDIT in any way. GHARKAPANDIT is not a Pandit or co-Pandit of your goods and services.
11.5 Agreement These Terms constitute the entire understanding between you and GHARKAPANDIT relating to any relating to any services provided therein Pooja, and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. No part of these Terms may be amended or modified except by mutual written agreement.
11.6 interpretation: The section headings of these Terms are for purposes of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof. References to a section include references to all subsections of that section.
11.7 Invalidity of 3 Provision: lf any provision of these Terms should be held to be invalid or unenforceable the validity and enforceability of the remaining provisions of these Terms shall not be affected and GHARKAPANDIT may negotiate an equitable adjustment in the provisions in order to effect. to the maximum extent permitted by Law, the purpose of these Terms.
11.8 Waivers: One or more waivers of any covenant. term or condition of these Terms by GHARKAPANDIT shall not be construed as a waiver of a subsequent breach of the some covenant. term or condition.
11.9 Assignment: You shall not assign or transfer any of its rights, or delegate any of its obligations, under these Terms without GHARKAPANDIT's prior written consent, and any attempt to do so shall be void and unenforceable.
11.10 Successors and Assigns: These Terms shall be binding upon and inure to the benefit of, you and your permitted successors and assigns. There are no third party beneficiaries to these Terms.
11.11 This Agreement may be executed:
(i) online by checking the box to agree to these terms;
(ii) by electronic signature; or
(iii) by hard copy, in one or more counterparts, which may be exchanged by facsimile or other electronic means, each of which shall be deemed an original and which together shall constitute one and the same agreement.

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