MANDIR PATH PVT. LTD.

TERMS AND CONDITIONS OF USE — UNITED STATES

Last Updated: ____________

These Terms and Conditions (“Terms”) govern your access to and use of the Mandir Path mobile application, website and the services offered through them. Please read them carefully before registering on or using the Platform.

By registering on or using the Platform, or by clicking “I Agree”, “Register”, “Sign Up”, “Continue” or any similar button, you confirm that you have read and understood these Terms, the Privacy Policy and the other policies referred to in these Terms, and that you agree to be bound by them.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF LIABILITY AND HOW DISPUTES ARE RESOLVED. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

1. DEFINITIONS

In these Terms, unless the context otherwise requires:

1.1 “Applicable Law” means all applicable federal, state and local laws and regulations of the United States, including applicable consumer-protection, privacy, data-security, children’s privacy, automatic-renewal, electronic-transactions and accessibility laws, as amended from time to time.
1.2 “App Store” means the Apple App Store, Google Play Store or any other third-party platform through which the App is downloaded or purchases are made.
1.3 “Booking” means a booking made by a User through the Platform for a puja, seva, offering or other ritual Service.
1.4 “Bricks” means the virtual units of higher value than Coins which may be purchased by a User for money on the Platform in accordance with Clause 7.
1.5 “Coins” means the virtual units used on the Platform, comprising “Reward Coins” credited free of cost for completing qualifying activities and “Purchased Coins” purchased by a User for money.
1.6 “Company”, “Mandir Path”, “we”, “us” or “our” means Mandir Path Pvt. Ltd., a company incorporated under the Companies Act, 2013, having its registered office at H - 8 F, Hauz Khas, New Delhi - 110016, India, and includes its successors and permitted assigns.
1.7 “Custom Photo” means any photograph or image uploaded by a User for personalising a Service, including photographs of the User, family members or deities used for a puja, sankalp, virtual altar, greeting or profile.
1.8 “Live Stream” means any live or scheduled broadcast of darshan, aarti, puja or other ritual made available through the Platform.
1.9 “Personal Data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to an identified or identifiable individual or household, or any similar concept under applicable privacy law.
1.10 “Platform” or “App” means the Mandir Path mobile application, website and all related software, interfaces and infrastructure owned, operated or controlled by the Company.
1.11 “Sankalp Details” means the name, gotra, family details and any other information supplied by a User in connection with a Booking
1.12 “Service Partner” means a temple, priest, pandit, videographer, gaushala, hospital or other third party engaged to perform or facilitate a Service.
1.13 “Services” means all services, features and facilities made available through the Platform, including puja and devotional services, Bookings, Live Streams, virtual darshan, Panchang, mantras, aartis, devotional streaks, Coins, Bricks, the Virtual Daan Patra, donation and payment facilities, whether provided directly by the Company or through a Service Partner.
1.14 “Third-Party Content” means content, data or material supplied to the Company by a third party, including Panchang data, mantra texts and recitations, and licensed aartis and devotional recordings.
1.15 “User” or “you” means any person who accesses, registers on or uses the Platform.
1.16 “User Content” means any photograph (including a Custom Photo), image, video, audio, text, comment, review, profile information or other material uploaded, posted or transmitted by a User through the Platform.
1.17 “Virtual Daan Patra” means the digital offering box on the Platform in which a User may offer Virtual Units as a devotional offering.
1.18 “Virtual Units” means Coins and Bricks, collectively.

2. NATURE OF THE PLATFORM

a. Mandir Path is a technology platform that facilitates devotional, religious and spiritual experiences in digital form. The Company is not a temple, religious trust, charitable institution or religious authority.
b. Depending on the features available from time to time, Users may view virtual darshan and puja videos, access Panchang, mantras and aartis, maintain devotional streaks, earn Coins, purchase Coins and Bricks, make offerings in the Virtual Daan Patra, upload Custom Photos and use such other features as the Company may introduce.
c. Certain Services may be performed, provided or supported by independent third parties, including temples, priests, gaushalas, hospitals, content licensors, data providers and payment service providers. The Company does not control such third parties and, to the extent permitted by Applicable Law, is not responsible for their independent acts or omissions.
d. The Company may add, modify, suspend or discontinue any feature or Service, in whole or in part, subject to Applicable Law. The Company shall notify Users of any material changes where reasonably practicable and where such notification is required by Applicable Law.

3. ACCEPTANCE AND ELECTRONIC RECORD

a. These Terms are intended to form an electronic contract. By taking an affirmative acceptance step, such as clicking “I Agree”, the User agrees to these Terms to the extent permitted by applicable electronic-transactions laws. The Company will retain records of acceptance where reasonably practicable. Merely downloading the App will not, by itself, constitute acceptance where an affirmative step is legally required.
b. The Privacy Policy, Cookies Policy, Refund and Cancellation Policy, Subscription terms, and any feature-specific terms displayed before a transaction form part of these Terms. In case of conflict, feature-specific terms apply to that feature only if clearly disclosed before purchase and only to the extent they do not limit any non-waivable consumer right under Applicable Law.

4. ELIGIBILITY AND REGISTRATION

a. The Platform is intended for users aged 13 or older. A person under 13 must not create an account or use the Platform. A person aged 13 to 17 may use the Platform only with the knowledge and under the direct supervision and guidance of a parent or legal guardian, who must review these Terms and the Privacy Policy and supervise the minor’s use. A minor must not independently purchase Coins, Bricks or subscriptions, or make donations or offerings involving payment; these actions must be completed by the parent or legal guardian. The Company may restrict features or require age or guardian verification. Nothing in these Terms gives a minor contractual capacity where applicable law does not provide it.
b. The User shall provide accurate and current information at registration, including name and mobile number, and shall keep it updated.
c. The User shall not impersonate any person, use another person’s identity or mobile number without authority, create fake or multiple accounts, or create accounts to manipulate Virtual Units, streaks or rewards.

5. ACCOUNT SECURITY

a. The User is responsible for keeping the account, OTPs and login credentials secure and shall inform the Company immediately of any unauthorised access.
b. The User shall be responsible for activity on the User’s account to the extent it results from the User’s act, omission or failure to secure the account. The Company may suspend an account where it reasonably suspects fraud, unauthorised access or misuse.

6. USER CONDUCT

The User shall use the Platform only for lawful and personal devotional purposes and shall not:

i. breach any Applicable Law or these Terms;
ii. interfere with the security or functioning of the Platform, introduce any virus or malicious code, or send spam or unsolicited messages through the Platform;
iii. attempt unauthorised access, or reverse engineer, decompile, scrape or extract data from the Platform by automated means;
iv. manipulate Virtual Units, streaks, rewards or payment systems, or exploit any technical error;
v. post or transmit content that is hateful toward or demeans any person or group on the basis of religion, or misuse the Platform to promote hatred or violence between groups; or
vi. use the Platform or any Company content for any commercial purpose without the Company’s written consent.

7. COINS, BRICKS AND VIRTUAL DAAN PATRA

a. Reward Coins may be credited for qualifying activities such as a 10-day, 15-day or 30-day puja streak and other tasks notified by the Company. The Company may change the activities and number of Reward Coins from time to time.
b. Purchased Coins may be bought through the Platform at the price and in the package displayed to the User in the applicable local currency before the purchase is confirmed. The displayed price, currency, taxes and number of Coins will govern that transaction. Changes to prices apply only to future purchases and will not alter the price paid for an earlier purchase.
c. Packages. Purchased Coins may also be offered in packages, at such price and for such number of Coins as may be displayed on the Platform from time to time. The Company may, at its sole discretion, introduce, modify or withdraw any package at any time. Any such change shall apply only to purchases made after the change, and the price and number of Coins displayed at the time of purchase shall govern that purchase. Any additional Coins credited under a package shall be treated as Purchased Coins for the purposes of these Terms.
d. Bricks may be bought through the Platform at the rate displayed on the Platform at the time of purchase. The price and number of Bricks shall be shown before the User confirms the purchase.
e. Clauses 7 (b) and 7 (c) shall apply to Bricks as they apply to Purchased Coins.
f. Coins and Bricks are separate units. Neither can be converted into the other unless the Platform expressly allows it, and then only at the rate displayed at that time.
g. Virtual Daan Patra. Users may offer Virtual Units in the Virtual Daan Patra of a deity, temple or cause shown on the Platform. Once offered, Virtual Units cannot be withdrawn or reversed.
h. The amount corresponding to Purchased Coins and Bricks offered in a Virtual Daan Patra shall be applied in the manner displayed on that Virtual Daan Patra at the time of the offering. The manner of application shall be displayed to the User before the offering is made. Where Purchased Coins or Bricks are offered for a temple, trust or cause, the Company will disclose before the offering the recipient, any portion retained by the Company, and whether the offering is a charitable contribution, and will comply with applicable charitable-solicitation and payment-regulation laws.
i. Offering Reward Coins in the Virtual Daan Patra is purely symbolic and does not result in any payment to any temple, deity, trust or third party.
j. Virtual Units:
1. i. are usable only within the Platform for the purposes notified by the Company;
2. ii. are not money, legal tender, a deposit, a payment instrument or a financial product, and do not create any monetary claim against the Company;
3. iii. cannot be converted into cash, withdrawn, transferred, gifted, sold or pledged; and
4. iv. have no value outside the Platform.
k. Refunds for Purchased Coins and Bricks are governed by the Refund and Cancellation Policy and applicable law. Except where required by law or where a transaction is failed, duplicate, fraudulent or unauthorised, the Company does not offer voluntary refunds for Virtual Units once credited to an account. Nothing in this clause excludes a right to a refund, cancellation, chargeback or other remedy that cannot lawfully be waived.
l. Purchased Coins and Bricks may have a validity period only where that period, the expiry date or method of calculating it, and the consequences of expiry are clearly disclosed before purchase. Expiry, forfeiture and notice requirements are subject to applicable law. Where required by law, the Company will provide notice and will not expire or forfeit paid balances contrary to a non-waivable consumer right.
Reward Coins may be subject to a validity period disclosed when credited. Expiry of Reward Coins is subject to applicable law and any notice requirements.
Virtual Units shall not be redeemable for cash, converted into a cash balance or credited to the User’s bank account, except where a refund is required under these Terms, the Refund and Cancellation Policy or Applicable Law.
m. Virtual Units obtained through fraud, error or manipulation may be cancelled after a reasonable review. On account suspension or termination for material breach, unused Virtual Units may be restricted or cancelled only to the extent permitted by applicable law and without affecting any non-waivable refund or other consumer right.
Before a User voluntarily deletes an account, the Company will explain the treatment of unused Virtual Units. Unused Reward Coins may lapse as disclosed. Purchased Coins and Bricks will be handled under the disclosed purchase terms and applicable law. No provision of these Terms removes a right or remedy that cannot lawfully be excluded.
n. If an account has had no login or transaction for 24 months, the Company may deactivate it after at least 60 days’ notice to the registered email address or phone number and an opportunity to reactivate it. Any treatment of unused Virtual Units remains subject to the disclosed validity terms and applicable law. Deactivation does not extinguish a non-waivable refund or other right. Where applicable unclaimed-property laws apply to any remaining paid balance, the Company will handle that balance in accordance with those laws.

8. PAYMENTS AND REFUNDS

a. The User must pay the price displayed before confirming a purchase. The checkout screen will identify the applicable currency, taxes and any additional charges before the User is committed to the transaction, as required by law.
b. Payments are processed by authorised payment service providers and/or the relevant App Store. Payment credentials are handled in accordance with the applicable provider’s practices and the Privacy Policy. The Company is not responsible for a payment provider’s independent systems, but this does not limit any obligation imposed on the Company by applicable law.
c. Refunds and cancellations are governed by the Refund and Cancellation Policy, the service-specific terms disclosed before purchase, the applicable App Store rules and Applicable Law. Amounts debited for a failed transaction will be addressed promptly in accordance with applicable law and payment-provider rules. Uninstalling the App or ceasing to use the Platform does not, by itself, create a refund entitlement, but does not affect any statutory right.
d. The User shall use only those payment instruments which the User is lawfully entitled to use. The Company may refuse, hold or review any transaction which it reasonably suspects to be fraudulent, unauthorised or in breach of these Terms, and may reverse any Virtual Units, or Service credited against such transaction.

9. APP STORE PURCHASES

a. Purchases made through an App Store are also subject to that App Store’s payment, cancellation and refund rules. The User may need to submit a refund request directly to Apple, Google or the relevant provider. The Company will honour applicable legal obligations independently of any App Store process.
b. To the extent permitted by law, App Store providers are not responsible for the Platform’s content or Services and have no obligation to provide support or maintenance. Nothing in this clause affects any rights a User may have against an App Store provider under its own terms or applicable law.
c. Where an App Store refunds a purchase, the Company may reverse the corresponding unused Virtual Units or Services. Any refund granted by the Company shall be made in accordance with the Refund and Cancellation Policy and the App Store’s rules.
d. If the App is downloaded from the Apple App Store or Google Play Store, the User acknowledges that these Terms are between the User and the Company only and not Apple or Goole Play Store; that Apple or Goole Play Store has no obligation to provide maintenance or support for the App; that Apple or Goole Play Store are not responsible for addressing any claims relating to the App, including product-liability, legal-compliance, consumer-protection or intellectual-property claims; and that Apple or Goole Play Store and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against the User after the User accepts them.

10. REFERRALS AND PROMOTIONS

Referral rewards, coupons and promotional offers are subject to the terms displayed with the offer. Rewards are credited only after the qualifying action is completed, are limited to one per person or device, have no cash value, and may not be transferred or combined with other offers. Self-referral, fake accounts and repeated sign-ups are prohibited. The Company may modify or withdraw an offer for future use and may cancel rewards obtained through abuse.

11. SUBSCRIPTIONS AND AUTO-PAY

Before a User subscribes, the Company will clearly disclose the plan, price, billing frequency, trial period (if any), renewal terms and benefits. The Company will obtain the User’s express affirmative consent to recurring charges, separately from acceptance of these Terms, and will keep a record of that consent for the period required by law. The Company will send renewal, annual-reminder, price-change and other notices where required by applicable federal or state law or the payment provider. A subscription may be cancelled online, through a cancellation option or link in the App to the relevant App Store’s subscription settings, or through the relevant App Store, without a cancellation fee and without being required to contact customer support. Cancellation will stop future renewals; access during the already-paid period and any refund will be governed by the disclosed plan, App Store rules and applicable law.

12. PANCHANG AND ASTROLOGICAL INFORMATION

a. The Panchang on the Platform, including tithi, nakshatra, yoga, karana, sunrise and sunset, muhurat, Rahu Kaal, and festival and vrat dates, is obtained through an application programming interface (API) from a third-party provider. The Company does not prepare or independently verify this data.
b. Panchang calculations differ across traditions, regions and methods of calculation and depend on the location selected. The data is provided for general information only, on an “as is” basis.
c. The Company shall not be liable for any error, delay or omission in Panchang data or for any decision taken on its basis. Users are advised to consult a learned pandit before fixing a muhurat for marriages, griha pravesh, business or other important events.
d. The Company may change the third-party provider at any time. Use of the Panchang may also be subject to the terms of the third-party provider.

13. MANTRAS, AARTIS AND DEVOTIONAL CONTENT

a. Mantras. Mantras, shlokas, stotras, chalisas and their text, transliteration, meaning and audio recitation are sourced from third parties. The Company does not verify the uchcharan (pronunciation), svara, metre or textual accuracy of such content, or the vidhi described with it.
b. The Company shall not be liable for any incorrect pronunciation, error or variation in any mantra or for any consequence, spiritual or otherwise, of its recitation. Users may report errors to the Grievance Cell under Clause 24, and the Company may correct or remove the content.
c. Aartis. Aartis, bhajans and devotional audio and video recordings on the Platform are made available under licence obtained by the Company from the respective copyright owners. The Company holds the right to make these works available on the Platform under such licence and may enforce such rights to the extent the licence permits. The underlying traditional texts may be in the public domain; the rights protected are in the recordings, compositions and arrangements.
d. Users may listen to or view aartis and devotional recordings only within the Platform for personal devotional use. Users shall not download (except where the Platform expressly allows), copy, re-record, re-upload, use in their own videos or reels, broadcast or play them publicly for any commercial purpose.

14. VIDEOGRAPHY AND PLATFORM VIDEOS

a. Videos of pujas, aartis, darshan, sankalp and other rituals recorded by the Company or by videographers engaged by it (“Platform Videos”) are the exclusive property of the Company, and the Company is the owner of copyright in them under the Copyright Act, 1957.
b. The User receives a limited, personal, non-commercial and revocable licence to view Platform Videos on the Platform and to share them through the share feature provided in the App. The User shall not download (except where expressly allowed), edit, re-upload, broadcast, sell or commercially exploit any Platform Video.

15. PRAYERS AND WISHES – NO GUARANTEE

a. The Services are devotional and faith-based. Any wish, prayer, manokamna or sankalp made through the Platform, whether by the User or by a priest on the User’s behalf, is a matter of the User’s personal faith.
b. The Company does not promise or guarantee that any wish or prayer will be fulfilled, or that any puja, offering, Donation, Virtual Unit offering, mantra, aarti or remedy will bring any spiritual, material, financial, health, marital, educational, professional or other result.
c. Non-fulfilment of a wish or prayer shall not be a ground for any refund, compensation or claim against the Company.
d. Nothing on the Platform is medical, legal, financial or other professional advice, and no Service is a substitute for such advice.

16. USER CONTENT AND CUSTOM PHOTOS

a. Users may upload Custom Photos and other User Content where the Platform allows it. The User is solely responsible for every Custom Photo and other User Content uploaded by the User, including its contents and its lawfulness.
b. The User confirms that the User owns or has the right to use each Custom Photo and has obtained any permission required by law from identifiable persons appearing in it, including permission from a parent or lawful guardian where required for a person below 18 years. The User shall not upload another person’s image or personal information in a manner that violates that person’s rights or Applicable Law.
c. The Company does not author, pre-screen or endorse User Content. Subject to its due diligence obligations under Applicable Law, the Company is not responsible for any inappropriate, obscene, offensive, defamatory or infringing picture or content uploaded by any User.
d. Any person aggrieved by a Custom Photo or other User Content may file a complaint with the Grievance Cell under Clause 24. If the complainant is not satisfied with the redressal, the complainant may approach the appropriate forum or court in accordance with Clause 24(e).
e. The Company may remove or disable access to any User Content that violates these Terms or Applicable Law, and may suspend or terminate the account of the User concerned.

17. PROHIBITED CONTENT

The User shall not upload, post, share or transmit any content which:

i. is obscene, pornographic, sexually explicit, or contains nudity;
ii. contains child sexual abuse material or is otherwise harmful to children;
iii. is non-consensual intimate imagery, or a morphed, deepfake or synthetically generated image intended to impersonate or harm any person;
iv. depicts any deity, religious symbol, scripture or place of worship in a derogatory manner, or is intended to demean or incite hatred against any religious group;
v. is defamatory, harassing, threatening, or invades another person’s privacy;
vi. promotes enmity between groups, violence or any unlawful activity;
vii. infringes any copyright, trademark or other intellectual property right;
viii. impersonates another person or is misleading or fraudulent;
ix. contains malware or malicious code; or
x. is otherwise prohibited under Applicable Law, including laws addressing unlawful, harmful or exploitative content.

18. DISPUTE RESOLUTION

i. Governing Law
These Terms, and any dispute, claim or controversy arising out of or relating to them, the Platform or the Services (including Coins, Bricks, subscriptions or other digital products), are governed by the laws of the India except that the mandatory consumer-protection and privacy laws of the User’s state of residence apply where they cannot lawfully be waived.
ii. Initial Resolution of Disputes
In the event of any dispute, controversy, claim or disagreement arising between you and MandirPath in connection with these Terms and Conditions, the Services, your use of the application, any transaction, purchase, subscription, virtual coins, virtual bricks or any other matter relating to MandirPath (collectively, a “Dispute”), the parties shall first endeavour to resolve such Dispute amicably through mutual discussions and negotiations. The party raising the Dispute shall notify the other party in writing, providing reasonable particulars of the nature of the Dispute and the relief sought. Such notice may be communicated through the registered email address or other official contact details provided by MandirPath. The parties shall make reasonable efforts to resolve the Dispute within thirty (30) days from the date of receipt of such notice, or within such extended period as may be mutually agreed between the parties. Nothing in this clause shall prevent either party from approaching a competent court or authority for urgent interim or protective relief, where necessary.
iii. Courts and Venue
iv. With respect to any dispute regarding the products purchased by you, all rights and obligations and all actions contemplated by these policies shall be governed by the laws of India and the courts of New Delhi, India, as if these policies were a contract wholly entered into and wholly performed within New Delhi, India. All Disputes that cannot be resolved by the Parties by discussion shall be settled by arbitration in accordance with the Arbitration Rules of the Delhi International Arbitration Centre. The arbitral tribunal shall consist of 3 (three) arbitrators with 1 (one) arbitrator being appointed by the claimant party, 1 (one) by the respondent party respectively and the 2 (two) appointed arbitrators appointing the 3rd (third) arbitrator. The seat of the arbitration shall be New Delhi, and the venue of arbitration shall be New Delhi. The language of the arbitration shall be English. The decision of the arbitral tribunal shall be final, binding and incontestable and may be used as a basis for judgment thereon anywhere. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
v. Intellectual Property and Injunctive Relief
Notwithstanding anything contained in this Clause, the Company shall be entitled to approach a court of competent jurisdiction for appropriate interim, injunctive or equitable relief in respect of any actual or threatened infringement, misuse or unauthorised exploitation of its intellectual property rights, proprietary content, trademarks, copyrights, confidential information or other proprietary interests.
The right to seek such relief shall be in addition to, and not in derogation of, any other rights or remedies available to MandirPath under applicable law.
vi. Statutory Remedies
Nothing in this Clause 18 restricts or excludes any right or remedy available to a User under applicable consumer-protection law, or the User’s right to contact or file a complaint with a regulator or government agency, including a state attorney general or the Federal Trade Commission.

The Platform may link to third-party websites or let the User share content on social media. The Company does not control or endorse them and is not responsible for their content or practices. Their own terms apply.

20. LICENCE TO USER CONTENT

a. The User retains ownership of User Content. By uploading it, the User grants the Company a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, format, display and transmit the User Content solely for operating the Platform, providing the Services, moderation, security, handling complaints and complying with Applicable Law.
b. The Company shall not use User Content for advertising or any commercial purpose beyond the above without the User’s consent. The licence shall continue only as long as reasonably required for these purposes, subject to lawful retention requirements.

21. INTELLECTUAL PROPERTY OF THE COMPANY

a. The name and mark “MANDIR PATH”, its logos, device marks, trade dress, domain names, software, source and object code, databases, user interface, designs, graphics, text, Platform Videos, compilations of devotional content, Virtual Unit and reward mechanics, and all other content owned or licensed by the Company (together, “Company IP”) belong to the Company or its licensors.
b. The User receives only a limited, personal, non-exclusive, non-transferable and revocable right to use the Platform in accordance with these Terms. No ownership in Company IP and no licence to use any trademark of the Company passes to the User.
c. The User shall not reproduce, copy, modify, distribute, communicate to the public, create derivative works from or commercially exploit any Company IP; use, register or adopt any mark, domain name or social-media handle identical or deceptively similar to the Company’s marks; or represent any affiliation with or endorsement by the Company, in each case without the Company’s prior written consent.
d. Third-Party Content remains the property of its respective owners. The Company does not claim ownership of it merely because it is displayed on the Platform.

22. THIRD-PARTY SERVICES

a. Content licensors, data providers, payment service providers and other third parties are independent of the Company and are not its employees, partners or agents, unless expressly agreed in writing.
b. Subject to Applicable Law, the Company shall not be responsible for any act, omission, deficiency or content that is solely attributable to such third parties.
c. The Company will make reasonable checks before engaging a temple, priest, gaushala, hospital or partner organisation to perform a puja, seva or offering. The Company facilitates Services through independent partners. The amount charged, including any amount passed to a partner, will be disclosed before purchase. Unless expressly stated otherwise, payments to the Company are not charitable donations to the Company and no tax deduction or charitable receipt is promised. Users should consult a qualified tax adviser regarding any tax treatment.
d. Where a puja, seva or offering is performed on the User’s behalf, the Company shall share photo or video proof of its performance through the App within the timeline indicated for that Service. Timelines may vary with the nature of the Service. If proof is not shared within such timeline, the User may raise a complaint under Clause 24.

23. INTERMEDIARY STATUS

a. The Company may host or transmit User Content and will handle notices, removal requests and lawful orders in accordance with Applicable Law, including Section 230 of the Communications Decency Act and Section 512 of the Digital Millennium Copyright Act. Nothing in these Terms guarantees immunity from liability or determines the Company’s legal status for any particular activity.
b. The Company does not author User Content. Moderation or removal of content by the Company shall not by itself amount to authorship, adoption or endorsement of that content.
c. Copyright complaints. If you believe that User Content infringes your copyright, send a written notice to the Company at support@mandirpath.com .The notice must include: (i) identification of the copyrighted work claimed to be infringed; (ii) identification of the material and where it is located on the Platform; (iii) your contact information; (iv) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; (v) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the owner; and (vi) your physical or electronic signature.

24. GRIEVANCE REDRESSAL

a. The Company provides a contact channel for complaints relating to the Platform, Services, User Content, Custom Photos, intellectual property, transactions or privacy. Contact details are set out below. The Company will review complaints and respond within a reasonable period and within any shorter deadline required by Applicable Law.
Grievance Officer: [name to be inserted]
Email: grievance@mandirpath.com
Address: Mandir Path Private limited, H - 8 F, Hauz Khas, New Delhi – 110016, India
Phone No.
The complaint should state the complainant’s name and contact details, identify the content or transaction complained of (with link or screenshot, where possible), and set out the grounds of complaint with supporting documents.
b. The Company will acknowledge complaints where reasonably practicable and will seek to resolve them promptly, subject to any response or resolution deadlines prescribed by Applicable Law.
c. Complaints involving child safety, non-consensual intimate imagery, threats, impersonation or other urgent risks will be prioritised and handled within any timeframe required by Applicable Law.
d. Where Applicable Law (including the TAKE IT DOWN Act) so requires, the Company will remove non-consensual intimate imagery, including synthetic or digitally altered imagery, within 48 hours of receiving a valid request from the identifiable individual depicted or that individual’s authorized representative, and will make reasonable efforts to remove known identical copies.
e. The Company may seek further information from the complainant and may temporarily restrict access to the content complained of while the complaint is examined. Frivolous or malicious complaints may be rejected with reasons.
f. If a User is dissatisfied with the Company’s response, the User may contact the relevant consumer-protection, privacy or other regulator, or pursue any dispute-resolution option available under Applicable Law. Nothing in these Terms limits a User’s statutory right to bring a claim before a court or agency with jurisdiction.

25. DISCLOSURE TO COURTS AND AUTHORITIES

a. Where a court, tribunal, law enforcement agency or other competent authority makes a valid order or lawful requisition requiring disclosure, the Company may disclose the User information that it is legally required or permitted to provide, including relevant account, content, transaction, IP-address or log information, subject to Applicable Law.
b. A disclosure made in accordance with Clause 25 (a) and Applicable Law shall not, to the extent legally permitted, constitute a breach of these Terms. Nothing in this Clause constitutes blanket consent to disclosure beyond what is legally required or permitted.
c. The Company may preserve User information and content, including content that has been removed, for such period as is required under Applicable Law or for investigation, legal proceedings or establishment or defence of legal claims.

26. PRIVACY AND DATA PROTECTION

a. The Company will process Personal Data as described in the Privacy Policy and in accordance with Applicable Law, including applicable federal and state privacy and data-security laws. The Privacy Policy explains the categories of data collected, purposes, disclosures, retention, rights, choices and contact details. The Company will provide legally required notices, honour applicable privacy rights and maintain security measures required by law.
b. The Privacy Policy sets out the categories of Personal Data collected, purposes of processing, consent and its withdrawal, the rights of the User, retention, security, disclosure and the manner of grievance redressal. The Company shall maintain reasonable security safeguards and shall act as required under Applicable Law in the event of a Personal Data breach.
c. For privacy questions or to exercise rights available under Applicable Law, contact support@mandirpath.com. The Company will verify requests where permitted or required and respond within the period prescribed by applicable law. Rights and response requirements may vary by state and by the nature of the processing.
d. Nothing in these Terms waives any right of the User which cannot be waived under Applicable Law.

27. CHILD SAFETY

a. The Company has zero tolerance for child sexual abuse material. Any such content shall be removed immediately, the account concerned shall be terminated, and the matter shall be reported to the National Center for Missing & Exploited Children (NCMEC) and other competent authorities, as required by law.
b. The Platform is not directed to children under 13, and the Company does not knowingly collect personal information from them. The Company will apply reasonable child-safety measures and comply with applicable children’s privacy laws, including the Children’s Online Privacy Protection Act (COPPA). If the Company learns that it has collected personal information from a child under 13 without verifiable parental consent, it will delete that information and close the account. The Platform is not designed to encourage minors to make purchases, subscribe, donate or submit sensitive information independently. The parent or legal guardian must supervise a minor’s use, and the Company may disable features or remove content to protect children or comply with law.

28. DISCLAIMER

a. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT USER CONTENT OR THIRD-PARTY CONTENT SUPPLIED BY OTHERS IS ACCURATE OR LAWFUL. THIS CLAUSE DOES NOT EXCLUDE THE COMPANY’S OBLIGATIONS UNDER APPLICABLE LAW OR ANY EXPRESS COMMITMENT MADE BY THE COMPANY FOR A PAID SERVICE.
b. Clauses 12, 13 and 15 shall apply in addition to this Clause.

29. LIMITATION OF LIABILITY

a. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS ARISING FROM:
1. i. User Content uploaded by any User, or the acts of any other User;
2. ii. Third-Party Content or third-party services, including Panchang data and mantra recitations;
3. iii. non-fulfilment of any wish, prayer or expected result;
4. iv. internet, telecom or payment network failures;
5. v. unauthorised access to an account caused by the User’s negligence;
6. vi. removal of content or suspension of an account in good faith; or
7. vii. compliance with an order of a court or a competent authority.
b. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY FOR A CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY RECEIVED BY THE COMPANY FROM THE USER FOR THE SERVICE GIVING RISE TO THE CLAIM.
c. Nothing in these Terms excludes any liability which cannot be excluded under Applicable Law. Some states do not allow the exclusion or limitation of certain damages or implied warranties, so some of the limitations above may not apply to you.

30. INDEMNITY

To the extent permitted by Applicable Law, the User shall indemnify and keep indemnified the Company, its directors, officers, employees and service providers against all claims, proceedings, losses, damages, penalties, costs and reasonable legal expenses arising out of: (a) any User Content or Custom Photo uploaded by the User; (b) infringement of any intellectual property, privacy or other right of any person by the User; (c) breach of these Terms or Applicable Law by the User; (d) any fraudulent or abusive conduct, including manipulation of Virtual Units or rewards; or (e) any representation by the User proving false or misleading. This Clause shall survive termination.

31. SUSPENSION AND TERMINATION

a. The Company may suspend, restrict or terminate a User’s account where the User breaches these Terms or Applicable Law, uploads prohibited content, commits or is reasonably suspected of fraud, manipulates Virtual Units or the Platform, or where a competent authority so directs. Where reasonably practicable and legally permitted, the Company shall give notice and an opportunity to address the issue; immediate action may be taken where necessary to protect Users, children, the Platform or the Company, prevent fraud or comply with law.
b. Immediate action may be taken in serious cases involving child safety, sexual content, fraud, cyber security threats or hurting of religious sentiments.
c. The User may stop using the Platform and request deletion of the account at any time. Termination shall not affect rights and obligations accrued before termination, save as provided in Clause 7 in respect of unused Virtual Units.

32. AMENDMENT OF TERMS

The Company may amend these Terms from time to time. Amended Terms shall be published on the Platform with the revised “Last Updated” date. For material changes, the Company will give at least 30 days’ prior notice to Users through the App, SMS or email, except where a shorter period is required by law or necessary to address legal or security issues. Continued use of the Platform after the effective date of the change shall constitute acceptance of the amended Terms, except where Applicable Law requires fresh consent. A User who does not agree to the change may stop using the Platform and delete the account before the change takes effect. Amendments do not apply to any Dispute that was pending before the date of the amendment.

33. FORCE MAJEURE

The Company shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including natural calamities, epidemics, war, civil disturbance, governmental action, failure of telecommunication or power, cyber attacks, or closure of a temple, gaushala or hospital.

34. ELECTRONIC COMMUNICATIONS AND NOTICES

a. The User consents to receive notices and other communications from the Company electronically, including through the App, SMS and email, and agrees that electronic communications satisfy any legal requirement that they be in writing. The User may withdraw this consent by deleting the account, but may then be unable to use the Platform. Notices to the Company must be sent to the contact details set out in these Terms.

35. EXPORT CONTROLS AND SANCTIONS

a. The User represents that the User is not located in a country that is subject to a U.S. government embargo, is not listed on any U.S. government list of prohibited or restricted parties, and will not use the Platform in violation of U.S. export-control or sanctions laws.

36. GOVERNING LAW AND JURISDICTION

a. Governing law and venue are set out in Clause 18. In addition, the mandatory consumer-protection and privacy laws of the User’s state of residence will apply where they cannot lawfully be waived or displaced. Nothing in these Terms requires a User to bring a claim exclusively in India or waives a non-waivable right to bring proceedings in the User’s state or other forum permitted by applicable law.
b. Any dispute will be subject to the jurisdiction of courts or tribunals that have jurisdiction under Applicable Law. Nothing in these Terms prevents a consumer from bringing a claim before a court, small-claims court, agency or regulator where that right is provided by applicable law.

37. GENERAL

a. Severability. If any provision of these Terms is held invalid or unenforceable, it shall be severed to the minimum extent necessary and the remaining provisions shall continue in force.
b. Waiver. No failure or delay by the Company in enforcing any provision shall operate as a waiver of that provision.
c. Assignment. The Company may assign or transfer these Terms in connection with a merger, restructuring or sale of its business. The User shall not assign or transfer the account or these Terms.
d. Entire Agreement. These Terms, together with the policies referred to in Clause 3(b), constitute the entire agreement between the User and the Company regarding use of the Platform.
e. Survival. Clauses relating to offerings already made in the Virtual Daan Patra, intellectual property, User Content, disclosure to authorities, indemnity, limitation of liability, governing law and any other provision which by its nature is intended to survive, shall survive termination.
f. Mandatory consumer rights. Nothing in these Terms limits rights or remedies that cannot be waived under the laws applicable to a User, including rights under applicable state unfair or deceptive acts and practices laws, automatic-renewal laws, refund laws, or federal law. If a provision is unenforceable in a particular state, it will be limited only to the extent necessary for that state and the remaining provisions will continue to apply.
g. Taxes and prices. Prices will be shown in the currency applicable to the User’s storefront or location before checkout. Any sales, use or similar taxes and any recurring charges will be disclosed as required by law.
h. Recurring subscriptions. Recurring subscriptions are governed by the Subscriptions and Auto-Pay clause and by the Subscription, Automatic Renewal, Cancellation and Refund Policy, which is provided to Users before enrolment together with the amount to be charged, billing interval, duration of any free or discounted trial, when charges begin, how to cancel and any material renewal terms.
i. Privacy choices. Depending on the User’s state of residence and the Company’s activities, the User may have rights to access, correct, delete, obtain a copy of, or opt out of certain processing of Personal Data, including targeted advertising, sale or sharing of Personal Data, or certain profiling. The Privacy Policy will explain the rights that apply and how to submit a request.
j. Children. The Platform may not be used by a child under 13. A person aged 13 to 17 may use the Platform only under the direct supervision and guidance of a parent or legal guardian, who must complete all paid transactions.
k. No waiver of statutory claims. Nothing in these Terms waives a right to contact a regulator, file a complaint, seek a statutory remedy, or bring a claim in a court of competent jurisdiction where such right cannot lawfully be waived. No class-action waiver or mandatory arbitration provision is created by these Terms

38. CONTACT DETAILS :

MANDIR PATH PVT. LTD.

Registered Office: H - 8 F, Hauz Khas, New Delhi – 110016

US address for notices: [to be inserted]

CIN: __

Email: _________

Telephone: ________

USER ACKNOWLEDGEMENT

By clicking “I Agree”, registering on or using the Platform, the User confirms that the User:

i. has read and understood these Terms and agrees to be bound by them;
ii. understands that Coins and Bricks cannot be converted into cash, refunded (save as stated), transferred or gifted, that offerings in the Virtual Daan Patra cannot be reversed, and that uninstalling the App does not entitle the User to any refund;
iii. understands that Panchang data and mantras are sourced from third parties and the Company is not liable for errors in them, including in uchcharan;
iv. understands that Platform Videos and licensed aartis are protected by copyright and may not be copied or re-used;
v. understands that the Company does not guarantee the fulfilment of any wish or prayer;
vi. is solely responsible for any Custom Photo or other content uploaded by the User; and
vii. understands that the Company may disclose relevant User information where legally required or permitted by a court or competent authority, subject to Applicable Law; and
BY CLICKING “I AGREE”, REGISTERING ON OR USING THE PLATFORM, YOU ACCEPT THESE TERMS AND CONDITIONS.