These Terms and Conditions (“Terms”) govern your access to, and use of, the mobile application “Punyaka” (“App”) operated and managed by Shri Punyaka Dharmic Services Private Limited (“we”, “our” or “us”) and the services provided through the App.
Please read these Terms and our Privacy Policy carefully before downloading, installing, registering for or using the App, or accessing any material or information through the App. By clicking on the “I Accept” button provided at the time of use of the App, or by placing a booking or an order, you accept these Terms, the Privacy Policy and the Refund, Cancellation and Rescheduling Policy, and agree to be legally bound by the same, and shall not claim invalidity of the Terms merely on the grounds that it is concluded electronically. These Terms set forth a legally binding contract between you and us, as contemplated under applicable laws in India, including the Information Technology Act, 2000 read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020. If you do not agree to these Terms, you must not use the App.
About Punyaka and Services: Shri Punyaka Dharmic Services Private Limited, a company incorporated under the Companies Act, 2013, provides Punyaka, a spiritual and devotional services application which enables you to book verified Vedic priests for rituals at your premises or at a temple, to participate in virtual sevas performed at temples on your behalf, to consult priests and astrologers for Kundali, Jyotishyam, dosha analysis and muhurtham, to access panchangam and horoscopic outputs, to purchase pooja samagri and devotional products, to receive prasadam, and to access devotional content in our digital library.
Licence to Use the App
We grant you a non-exclusive, non-transferable, non-sub-licensable, revocable and limited licence to download, install and use the App on a device that you own or control, solely for your own personal and non-commercial devotional purposes. You agree to use the App only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the App, or other users.
Your use of the App is additionally subject to the terms of the platform from which you obtained it, being the Apple Media Services Terms and Conditions in the case of the Apple App Store and the Google Play Terms of Service in the case of Google Play. In the event of a conflict between these Terms and the applicable platform terms in respect of the download, installation or in-app purchase mechanism, the platform terms shall prevail to the extent of the conflict.
The App requires a compatible device, a supported operating system version and an active internet connection. You are responsible for your device, for your data and network charges, and for keeping the App updated. We may release updates, and we may cease supporting older versions of the App or older operating system versions, in which case certain features may become unavailable until you update.
You agree not to access, or attempt to access, the App or our servers by any means other than through the interface provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App, or in any way reproduce or circumvent the navigational structure or presentation of the App, and you shall not decompile, reverse engineer, disassemble, modify, or attempt to derive the source code of the App, or run the App on a jailbroken, rooted or otherwise modified device.
Eligibility and Account
To accept these Terms, you must be at least 18 (eighteen) years of age, and must be competent to contract as required under the applicable Indian contractual laws, which is currently the Indian Contract Act, 1872. If you are below 18 (eighteen) years of age, you may use the App only through, and under the supervision of, a parent or lawful guardian who agrees to be bound by these Terms on your behalf and who accepts responsibility for all bookings, orders and payments made.
To use the App, you will have to register with us by creating an account using a valid mobile number, which is verified by a one-time password. When you create your account, you shall provide us with current, complete and accurate information as prompted by our account creation process. You are responsible for maintaining the confidentiality of your credentials and the security of your device, and for all activity carried out under your account, and you must notify us promptly of any unauthorised use or loss of your device.
If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we shall reserve the right to suspend or terminate your account and refuse any and all current or future use of the App at any time.
If you use the App on behalf of another individual, a family, a trust, an institution or any other person, you represent that you are authorised to do so, that you have the authority to bind that person to these Terms, and that you are entitled to submit the particulars of that person which the booking requires.
You may delete your account at any time from within the App by navigating to Settings, Delete Account, in accordance with the Privacy Policy. Deleting or uninstalling the App from your device does not by itself delete your account.
Nature of the Services and Our Role
Depending on the service concerned, we act either as the direct provider of the service, or as a technology platform and facilitator connecting you with a priest, astrologer, temple, trust, vendor, seller or logistics provider who performs or supplies the service or product. Where we act as a facilitator, the service or product is performed or supplied by that third party, and our obligation is limited to enabling the booking, coordinating fulfilment and processing payment. The capacity in which we act in respect of a particular service is disclosed at the point of booking.
In respect of goods sold through the App by third-party sellers, we operate as a marketplace e-commerce entity within the meaning of the Consumer Protection (E-Commerce) Rules, 2020, and the seller of record is the person identified as such on the product listing and on the invoice.
We verify priests, purohits, astrologers and consultants onboarded on the App as to identity and stated credentials in the manner described in the App. Such verification is a verification of identity and stated credentials only, and is not a representation, warranty or guarantee that any particular outcome will follow from a ritual, seva or consultation performed by that person.
We may assign, reassign or substitute a priest, astrologer, temple, vendor or partner having regard to availability, geography, language, specialisation, sampradaya or operational requirements. While we endeavour to honour the preferences you express, the availability of a specific individual, temple or slot is not guaranteed unless expressly confirmed to you in the App.
You remain solely responsible for the particulars you enter in the App for a booking, and we shall not be liable for any consequence arising from inaccurate, incomplete or outdated particulars, including an incorrect address, incorrect birth particulars, or incorrect sankalpam or devotee particulars.
Bookings, Confirmation and Fulfilment
A booking or an order placed by you through the App constitutes an offer. A binding contract arises only when we confirm the booking or order, and confirmation is communicated to you within the App and by push notification, email, short messaging service or messaging application. A booking is considered confirmed only after successful acceptance, availability confirmation and, where applicable, receipt of payment.
We reserve the right to reject, cancel or modify a booking or an order on grounds of unavailability of a priest, temple slot or product, failure of verification, a manifest error in the price or the description, a safety concern, an operational or regulatory constraint, or a reasonable suspicion of fraud or misuse. Where a booking is declined or cancelled by us and payment has been received, the amount will be refunded in accordance with Section 7.
Timings stated in the App for the performance of a ritual, the delivery of a product or the commencement of a consultation are estimates. Where a muhurtham or an auspicious timing has been agreed and confirmed, we will endeavour to perform within that timing, but performance remains subject to temple directions, traffic, weather and other circumstances beyond our reasonable control.
You must keep push notifications enabled or otherwise remain contactable for coordination, must provide safe and lawful access to the premises at which a ritual is to be performed, and must ensure that any statutory or society permission required for the conduct of the ritual at those premises has been obtained.
You must not make, solicit or accept any payment to or from a priest, astrologer, vendor or delivery partner outside the App in respect of a service booked through the App. Any transaction concluded outside the App is at your own risk, is not covered by these Terms or by the Refund, Cancellation and Rescheduling Policy, and may result in suspension of your account or of the partner concerned.
Service-Specific Terms
Priest Booking: You must provide accurate particulars of the address, the ritual and the participants. Where pooja samagri is stated to be arranged by us, the composition of the samagri is as described in the listing and may vary having regard to seasonality, regional custom and sampradaya. Where samagri is to be arranged by you, you are responsible for arranging it in accordance with the list made available to you in the App, and we shall not be liable where a ritual cannot be performed or must be curtailed on account of samagri not being available at the premises.
Virtual Sevas: A virtual seva is performed at the temple or at the location stated in the listing, in accordance with the customs, timings, calendar and administrative directions of the temple or trust concerned. Live viewing, streaming, recording or photographic documentation is provided only where the listing so states, and is subject to the permission of the temple, to network conditions and to the connectivity of your device. The performance of a seva may be rescheduled, altered or substituted where the temple so directs, where the temple calendar so requires, or on account of a festival, closure, crowd-control measure or other operational constraint, and we will inform you through the App and offer rescheduling or a refund in accordance with Section 7. Prasadam associated with a virtual seva is dispatched where the listing so provides, and dispatch timelines are subject to temple distribution schedules.
Consultations: Consultations are conducted through chat, voice or video within the App for the duration stated at the time of booking, and require you to grant the microphone and, where applicable, camera permissions on your device. A consultation may be recorded, in which case an in-App notice will be displayed before the recording commences. You shall not record, reproduce, publish or circulate a consultation session or any part of it without our prior written consent and the consent of the priest or astrologer concerned. A consultation session which is not availed at the appointed time, or which is curtailed on account of a network, connectivity or device failure at your end, may not be refundable, and the position in each case is governed by the Refund, Cancellation and Rescheduling Policy.
Panchangam and Horoscopic Outputs: Panchangam, muhurtham, Kundali, dosha and horoscopic outputs generated in the App are computed from the birth and location particulars you supply, applying traditional systems of reckoning. The accuracy of the output depends entirely on the accuracy of the particulars you supply, and we shall not be responsible for an output computed from inaccurate or incomplete particulars. Different sampradayas, panchangams and systems of reckoning may yield differing results, and a variance of that nature is not an error.
Products, Pooja Samagri and Prasadam: We will make reasonable efforts to display accurate product descriptions, pricing and images in the App. However, product colours, packaging, presentation, weight, availability and sourcing may vary due to seasonality, device display settings or customary differences. Prasadam and other consumable and perishable items are prepared and offered in accordance with temple custom, are dispatched within the period stated in the listing, and are not returnable or replaceable once dispatched, save where the item delivered is damaged, adulterated or not the item ordered. You must inspect a delivery on receipt and report any such defect through the App within the period stated in the Refund, Cancellation and Rescheduling Policy.
Digital Library: Content made available in the digital library is licensed to you on a personal, non-exclusive, non-transferable and revocable basis for your own devotional purposes and personal study, for so long as your entitlement subsists. You shall not reproduce, distribute, publish, sell, sub-licence or commercially exploit that content, or remove any proprietary notice from it, or download, screen-record or extract it other than through the functionality provided in the App.
Subscriptions: Where a subscription offering is introduced, the entitlements, the price, the billing cycle and the renewal terms will be disclosed at the point of purchase and are governed by Section 6. A subscription confers access to the entitlements described for the subscription period and does not confer any priority, guarantee or entitlement in respect of any temple, priest or ritual beyond what is expressly stated.
Payments, Subscriptions and Refunds
All prices are displayed in Indian Rupees within the App. The price displayed to you at checkout is the binding price for that transaction, and is inclusive or exclusive of Goods and Services Tax, service fees, dakshina, travel and conveyance charges, convenience charges, delivery charges and other applicable charges as itemised at checkout. You agree to pay all charges applicable to your booking or order. You acknowledge and agree that prices may vary between users and across touchpoints, including on the basis of promotional offers, discounts, coupons, time-limited campaigns, geographic factors or product experiments, and that another user may be offered a different price for the same or a similar service. Any discount or saving displayed to you is referenced against our standard listed price for the relevant service. We reserve the right to modify pricing at any time, with any revised price applying only to transactions initiated after such modification.
Payment method by category of service.
Real-world services and physical goods: Bookings for priest services performed at your premises or at a temple, virtual sevas performed at a temple, one-to-one consultations with a priest or astrologer, pooja samagri, devotional products and prasadam are services rendered and goods delivered outside the App. Payment for these is processed through Razorpay (Razorpay Software Private Limited), a payment aggregator authorised by the Reserve Bank of India. By making a payment, you authorise us to charge your selected payment method through Razorpay. Your use of Razorpay's services is additionally governed by Razorpay's own terms and conditions and privacy policy, and we request you to please read Razorpay's terms and conditions available at https://razorpay.com/terms/ and its privacy policy at https://razorpay.com/privacy/ before making a payment. We do not collect, store or process your complete card number, CVV, UPI PIN or net-banking credentials; these are handled exclusively by Razorpay on its secure, PCI-DSS-compliant infrastructure, and are subject to the tokenisation requirements prescribed by the Reserve Bank of India. We store only transaction events and confirmations published to us by Razorpay, for record-keeping, reconciliation and dispute-resolution purposes.
Digital content and in-App entitlements: Where a purchase unlocks digital content or a digital entitlement consumed within the App, including digital library content and any subscription conferring in-App access, the purchase is made through the in-app purchase mechanism of the Apple App Store or Google Play, as applicable to the platform on which you obtained the App. In such a case, the relevant app store is the merchant of record, the payment is processed by that store under its own terms and privacy policy, and your purchase, its renewal and its cancellation are managed through your app store account settings. We do not receive your payment instrument particulars in such a transaction. Refunds for such purchases are administered by the relevant app store in accordance with its own refund policy, and we are unable to process or reverse them directly.
Upon successful payment, your booking is confirmed and the confirmation is made available to you within the App within a few minutes. However, in certain cases, including where connectivity issues arise between the payment aggregator and our backend systems, confirmation of payment may be delayed. Where an amount has been debited from your account but the corresponding booking or order has not been confirmed, the transaction is treated as a failed transaction, and any auto-reversal of failed transactions will be carried out in accordance with the Reserve Bank of India's framework on Harmonisation of Turn Around Time (TAT) and customer compensation for failed transactions. Any compensation payable for a delayed reversal under that framework is payable by the bank or the payment system participant concerned and not by us. You may contact us at support@punyaka.com with your transaction reference for assistance. We shall not be liable for delays caused solely by third-party payment processors or banking institutions, but we will make reasonable efforts to assist you in tracing and resolving any debited-but-unconfirmed transaction. Where a duplicate payment is made for the same booking or order, the duplicate amount will be refunded on verification.
Approved refunds in respect of transactions processed through Razorpay are credited to the original payment method within [●] business days of approval, subject to the processing timelines of Razorpay, the acquiring bank and the issuing bank.
Where you initiate a chargeback in respect of a transaction, we will furnish Razorpay and the issuing bank with the booking record, the fulfilment record and any related documentation. Where a chargeback is raised in respect of a service which has been fulfilled, or is found on investigation to be without basis, we reserve the right to recover the amount charged back together with any fee levied on us, and to suspend your account pending resolution.
Subscription plans renew automatically at the end of each billing cycle at the then-applicable price, unless cancelled before the renewal date. Where the subscription is purchased through an app store, you must cancel it through your app store account settings at least 24 (twenty-four) hours before the renewal date, and we are unable to cancel a store-managed subscription on your behalf. Where the subscription is purchased through Razorpay, you may cancel it within the App, the mandate will be registered with your express authentication, you will receive a pre-debit notification in advance of each recurring charge, and you will be able to view, modify and revoke the mandate, in each case in accordance with applicable Reserve Bank of India regulations governing recurring payments. In either case, cancellation takes effect at the end of the current billing period, your access continues until the end of the period for which you have paid, and cancellation does not entitle you to a refund for the current or any prior billing period.
Where a payment is made from outside India or using an instrument issued outside India, the payment is subject to the Foreign Exchange Management Act, 1999 and the regulations made thereunder, to the rules of the card network and the issuing institution, and to any cross-border charge, conversion charge or exchange-rate variance applied by the issuer, none of which is levied by us and for none of which are we responsible.
Where an amount is collected as dakshina to a priest, or as an offering, hundi contribution or donation to a temple or trust, that amount is collected on your behalf and is remitted to the recipient, and is not consideration for a service supplied by us. An amount so collected is not refundable once it has been remitted to the recipient. No representation is made as to the availability of any deduction under the Income-tax Act, 1961 in respect of such an amount unless a receipt to that effect is issued by the recipient.
An invoice or a receipt is issued for each confirmed transaction and is made available within the App and by email. Taxes are charged and remitted in accordance with applicable law. Where you require an invoice bearing a Goods and Services Tax registration number, you must furnish that number before the transaction is completed.
Cancellations, Rescheduling and Refunds
All cancellations, refunds, replacements and rescheduling requests will be governed by the Punyaka Refund, Cancellation and Rescheduling Policy, which forms part of these Terms and is available within the App. The applicable cancellation window, rescheduling facility and refund position for each service are set out in that policy and are displayed to you at the point of booking.
Where a service cannot be performed on account of an act or omission attributable to us, to a priest, to a temple or to a vendor, you will be offered rescheduling or a full refund of the amount paid for that service, at your election, save in respect of amounts already remitted as dakshina, offering or donation in accordance with Section 6.
Where a service has been performed, or where a consumable or perishable item has been dispatched, no refund is payable, save where the service performed materially differs from the service booked, or the item delivered is damaged, adulterated or not the item ordered, and the matter is reported within the period stated in the Refund, Cancellation and Rescheduling Policy.
Refunds in respect of purchases made through the Apple App Store or Google Play are governed by the refund policy of the relevant app store, and must be requested through that store.
Nothing in this Section limits any right available to you as a consumer under the Consumer Protection Act, 2019 and the rules made thereunder.
No Assured Outcome and Consultation Disclaimer
We do not represent, warrant or guarantee any divine, spiritual, religious, astrological, emotional, physical, financial, marital, professional or personal outcome from any ritual, seva, consultation, product or content accessed through the App. Any description of the significance, benefit or efficacy of a ritual is drawn from traditional belief systems and scriptural sources and is provided for informational purposes only.
Consultations, panchangam outputs and horoscopic outputs made available through the App do not constitute, and must not be relied upon as a substitute for, medical, psychiatric, psychological, legal, financial, taxation or investment advice from a duly qualified professional, unless expressly stated otherwise by such a professional. You must not defer, discontinue or disregard professional advice, and in particular medical treatment, on the basis of anything accessed through the App. If you are experiencing a medical or psychological emergency, you should contact a qualified professional or emergency service immediately. The App is not designed or intended for use in emergency situations.
You are solely responsible for the decisions you take on the basis of a consultation or a horoscopic output, and you agree that we shall not be liable for any consequence arising from such a decision.
Acceptable Use and Responsible Conduct
By accepting these Terms you agree and understand that you shall in all circumstances not use the App in order to host, display, upload, modify, publish, transmit, update, distribute, share or store any material:
- in violation of any applicable law or regulation;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of any person;
- that belongs to another person and to which you do not have any right;
- that causes harm, harasses others, or violates any applicable law;
- that is harmful to a child;
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially or ethnically objectionable;
- that promotes or relates to money laundering, gambling, terrorism, or any form of unlawful activity or behaviour that may cause incitement to commit a cognisable offence;
- that is deceiving or misleading the addressee about the origin of the message, or knowingly and intentionally communicates any information that is patently false or misleading in nature but may reasonably be perceived as a fact, or impersonates another person or misrepresents the origin of information;
- that violates the norms of decency, public morality, or our community guidelines and user conduct expectations, or that denigrates any deity, temple, tradition, sampradaya, faith or community;
- that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting another nation;
- that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- that reverse engineers, decompiles, or attempts to extract the source code of the App; and
- that uses automated systems, including bots and scripts, to access the App in a manner that sends more request messages than a human could reasonably produce.
Conduct Towards Priests, Partners and Personnel
You shall conduct yourself with courtesy and respect towards priests, astrologers, temple personnel, delivery partners, vendors and our employees. You shall not:
- abuse, harass, intimidate, threaten or discriminate against any priest, partner, employee or other user;
- solicit a priest, astrologer or vendor to perform a service outside the App, or induce any of them to breach their arrangement with us;
- request or require a priest to perform any act which is unlawful, which is contrary to the customs or directions of the temple concerned, or which endangers the safety or dignity of any person;
- record, photograph, stream or circulate a priest, a consultation session or a ritual without the consent of the priest and of us; or
- misuse promotional credits, coupons, refunds or payment systems, or commit fraud or impersonation of any kind.
In Relation to the App
In relation to the App, you must not:
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- restrict or inhibit any other person from using the App or any part thereof;
- reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of, or use any of, the App except as expressly authorised herein, without our express prior written consent;
- install or run the App on a jailbroken, rooted or emulated device, or use any tool that modifies the behaviour of the App; or
- frame or mirror any portion of the App, or otherwise incorporate any portion of the App into any frame or service, without our express prior written consent.
User Content
If you submit a review, rating, comment, photograph, video, feedback or other content through the App, you confirm that you own or are otherwise entitled to submit that content, that it does not violate any law or infringe the rights of any third party, and that it is not abusive, defamatory or misleading.
You grant us a non-exclusive, royalty-free, worldwide, transferable and sub-licensable right to host, store, reproduce, display, adapt and distribute such content for the operation, moderation, analytics, service improvement and promotion of the App, subject to law. This right does not extend to content in which you or your family members are personally identifiable and which was generated in the course of a ritual, seva or consultation, and such content will not be used for promotional purposes without your separate, express consent.
We may moderate, edit, refuse to publish or remove any content which breaches these Terms or applicable law, and may disable access to content upon receipt of a valid complaint or a lawful order.
Intellectual Property
All of the intellectual property, the App and the content made available to you on or through the App, names, marks, logos, design, user interface, source code, databases, compilations, text, images, audio and video, remains our property and is protected by copyright laws and treaties around the world. All such rights are reserved for us. The App is licensed to you, not sold. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears in the App.
We make no warranties or representations whatsoever in relation to our intellectual property. We are not liable for any damages, loss, expenses or costs in the event that our intellectual property or any part of it infringes or is alleged to infringe the rights of any third party. We will have control of all proceedings in any court of law or tribunal in respect of any infringement of our intellectual property.
Third-Party Services and App Stores
The App integrates or links to services operated by third parties, including our payment aggregator, mapping services, communication and messaging services, video and streaming services, analytics and crash reporting providers, logistics providers and social media platforms. Those services are governed by their own terms and privacy policies, and we are not responsible for their availability, content or conduct beyond our own legal obligations. Where a service is performed at a temple, that temple's own customs, timings, rules of entry and administrative directions apply, and we do not control them.
You acknowledge that these Terms are concluded between you and us only, and not with Apple Inc. or Google LLC, and that we, and not the relevant app store, are solely responsible for the App and its content. The relevant app store has no obligation to furnish any maintenance or support in respect of the App, and no warranty obligation in respect of the App. Any claim relating to the App, including product liability, non-conformity with legal requirements or a claim under consumer protection legislation, is our responsibility and not that of the relevant app store. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms in respect of the App distributed through the Apple App Store and, upon your acceptance of these Terms, shall have the right to enforce these Terms against you as a third-party beneficiary.
Termination
We reserve the right to suspend, limit or terminate your access to the App at our sole discretion, without notice, if you violate these Terms, if your activity is unlawful or gives rise to a reasonable suspicion of fraud or misuse, if required by law or by a competent authority, or if you engage in any activity that may harm the App, a priest, a partner or its users. To the extent applicable, you shall be liable to pay any fees or charges as may be applicable in respect of the services until the date of termination. You may cease using the App at any time, may uninstall it from your device, and may delete your account from within the App in the manner described in the Privacy Policy. Termination does not affect any right or obligation accrued before termination, and does not by itself cancel any subscription managed by an app store, which you must cancel through your app store account settings.
Disclaimers
The App and the services are provided "as is" and "as available" without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the App will be error-free, timely or uninterrupted, that it will be compatible with every device or operating system version, or that defects will be corrected, and we shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access that may occur due to technical reasons or for any reason beyond our control, including failure of your device, network or internet connection. We disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. Nothing in this Section excludes any warranty or condition which cannot lawfully be excluded, including under the Consumer Protection Act, 2019.
Indemnity and Limitation of Liability
You agree to defend, indemnify and hold harmless us, our subcontractors, affiliates, officers, directors, employees, priests, partners, consultants, representatives and agents, from and against any and all claims, including third-party claims, damages, obligations, losses, liabilities, costs or expenses, including but not limited to attorneys' fees and costs, arising directly from:
- your use of and access to the App;
- your violation of any of these Terms and the Privacy Policy;
- your submission of false, misleading or unlawful particulars or content; and
- your violation of any third-party right, including without limitation any copyright, property or privacy right.
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, punitive or consequential damages arising out of your use or inability to use the App, or for loss of profit, opportunity, goodwill, data or anticipated spiritual, religious or personal benefit. Subject to the following paragraph, our aggregate liability in respect of any claim arising out of a particular transaction shall not exceed the amount actually paid by you to us in respect of that transaction, excluding any amount collected and remitted as dakshina, offering or donation in accordance with Section 6.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability which cannot lawfully be excluded or limited.
Governing Law
These Terms are governed by the laws of India without regard to its conflict of laws principles, and you agree to submit to the exclusive jurisdiction of the courts of Hyderabad, Telangana. Nothing in this Section restricts any right available to you as a consumer under the Consumer Protection Act, 2019 to approach a consumer commission having jurisdiction.