This document is an electronic record in terms of the Indian Contract Act, 1872, Information Technology Act, 2000, the rules made there under, and the amended provisions pertaining to electronic records in various other statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system it does not require any physical or digital signatures.
The Website and App are owned and operated by Kalpnik Technologies Private Limited, a company incorporated under the Companies Act, 2013 with its place of business at, Second Floor, RXDX Building, Plot No. 7G, Opp. Graphite India, Whitefield, Bengaluru – 560048, Karnataka.
Kalpnik is engaged in the business of making available pre-recorded or live streamed contents with the aid of virtual reality, augmented reality and mixed reality technologies including: (a) provision of (captured, enhanced, stored, forwarded, interactive) content streaming platform; (b) live streaming of events including pay per view events; and (c) delivering immersive experiences with various forms of interactivity (including the inclusion of interactive objects) within the specified vertical applications. A license to view the Content (defined below) is granted by Kalpnik to the end-users through the Website and App and it is hereby clarified that no products or services are sold by Kalpnik.
Please read these Terms of Service fully and carefully before using the Website or App and the services, features, content or applications maintained by Kalpnik Technologies Private Limited (“Kalpnik” “we”, “us” or “our”).
IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED HEREUNDER, PLEASE DO NOT USE THE WEBSITE OR APP.
1.1 “Content” shall include, without limitation, information, data, text, photographs, videos, shoots, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website and App. Such Content shall either be owned by Kalpnik or owned by various temple or guru partners along with rights granted to Kalpnik to publish such content on the Website and App and; made available to the users through Website/App on subscription basis.
1.2 “Services” shall mean the Content (defined hereunder), the video streaming of the Content, Website/App, and any other features, functionalities, applications, materials, prasad service, puja service, donation service or other Services (defined hereunder) offered from time to time on the App or Website in connection with any of the above, however accessed, are referred to collectively as the “Services” or the “App Services”)
1.4 ‘You’ or ‘Your’ or ‘User’ refers to the user or viewer of the Website/App. User is anyone who is visiting, accessing, browsing, or taking Services through the Website/App.
2. Acceptance of Terms and Conditions:
Certain Services may be subject to additional Terms of Service specified by us from time to time. Your use of such Services is subject to those additional Terms and Conditions, which are incorporated into these Terms of Service by this reference. You are requested to update yourself to these new/additional terms from time to time.
These Terms of Service apply to all Users of the Services, including, without limitation, information, and other materials or Services, registered or otherwise.
Eligibility: You represent and warrant that You are at least 18 (eighteen) years of age. Kalpnik does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, You confirm that You are over 18 years of age or Your parent or legal guardian has agreed to accept this Agreement on your behalf. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to You and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for Your use, and not for the use or benefit of any third party.
Registration: To sign up for the Services, You must register for an account and create a profile on the Services (an “Account”). Any information You provide to us for the purposes of registering and setting up your account shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on your account and for maintaining the security of the Website and any information You input to the Website or App. You must provide accurate and complete information and keep Your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than You without appropriate authorization; or (iii) use as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on Your Account, and for keeping Your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in Your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of Your Account. You should never publish, distribute or post login information for Your Account. You shall have the ability to delete Your Account, either directly or through a request made to one of our employees or affiliates. By registering Your Account through a third party service, such as Facebook Connect, You agree to be bound by all applicable policies of such third party service and will act in accordance with them.
3. The use of the Website/App is subject to the following conditions:
4. Copyright notice:
5. Third Party Services:
The Services may permit You to link to other websites, services or resources on the Internet, and other websites, when You access third party resources on the Internet, You do so at Your own risk. These other resources are not under our control, and You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Website or resource. Any transaction, dealings or communication otherwise that You may have with such third parties are at your own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
6. Payment Method:
7. Rules and Conduct
As a condition of use, You promise not to use the Service for any purpose that is prohibited by these terms, by law, or other rules or policies implemented by us from time to time. The Service (including, without limitation, any Content) is provided only for Your own personal, non- commercial use.
Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on us (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures we may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
8. Typographical Errors:
In the event, that an entry listed on the Services is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the same listed at the incorrect price. We reserve the right to refuse or cancel such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the order and Your order is cancelled, refunds shall be processed through the same mode of payment.
We may terminate Your access to all or any part of the Services at any time, with or without cause and notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your membership. If You wish to terminate Your Account, You may do so by following the instructions on the Website/App or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Warranty Disclaimer:
You shall defend, indemnify, and hold us harmless, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services, Content, or use of VR headsets or any security/data breach or hacking of the system/computer (including IT and operational failures) or otherwise from Your User Content, violation of these Terms and Conditions, or infringement by You, or any third party using Your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defences.
12. Limitation of Liability:
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services (i) for any lost profits, data loss, cost of procurement of substitute goods or Services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or Services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of the greater of fees paid to us for the particular Services during the immediately previous 1 (one) month period or total fee paid in case of pay-per view subscription (as the case may be).
13. Governing Law and Jurisdiction:
These Terms of Service shall be governed by and construed in accordance with the laws of India. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction of courts situated at Bangalore, Karnataka, India.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website/App or by sending You notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and Services or restrict Your access to parts or all of the Services without notice or liability. While we will provide timely notice of modifications, it is also Your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
15. Entire Agreement and Severability:
16. Force Majeure:
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to You, and are not assignable, transferable or sub- licensable by You except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
19. No Waiver:
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide You with written notice of such waiver through one of our authorized representatives.
We offer email-based support. You may access support resources or contact our support by emailing at email@example.com. Kalpnik does not make any promises regarding how quickly response to Your request for support will be addressed. Any suggestions by us regarding use of the Services shall not be construed as a warranty. If You have any questions regarding the Service, please contact us at firstname.lastname@example.org or reach out to our service care number. Please note that for the purpose of validation, You shall be required to provide information (including, but not limited to Your email address, contact number or registered mobile number, etc.).
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.