TERMS AND CONDITIONS OF USE

1. INTRODUCTION

1.1. This website under the name and style “mydesiroots.com” (referred to as the “Platform”) is owned and operated and made available by ESP Well Being Services Private Limited, with its registered office at 8-B, Louvre-2, Raisina Residency, Sector 59, Gurugram, Haryana - 122098 (referred to as “ESP” or “Company” or “us”) and includes any of its affiliates, associates, assignees or successors-in-interest as determined by ESP at its sole discretion and without requiring any prior notice or intimation to the user (referred to as “you”, “your”, or “user”). The use of the Services (as defined herein) is subject to the terms and conditions (“Terms of Business”) mentioned below.

1.2. Please read these Terms of Business, along with the Privacy Policy available at [https://mydesiroots.com/privacy-policy] including all other policies, procedures and rules wherever mentioned on the platform or stated or indicated during or after the provision of the Services (Collectively referred to as “Terms of Business”).

1.3. By using or visiting the Platform, you signify your agreement to these Terms of Business.

1.4. These Terms of Business are an electronic record as per the Information Technology Act, 2000 (as amended / re-enacted) and rules thereunder (“IT Act") and is published in accordance with the provisions of Rule 3 (1) of the of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publishing of rules and regulations, privacy policy and terms and conditions for access or usage of any application or website. This electronic record is generated by a computer system. In addition, some of the Services shall be subject to additional terms and conditions specified by us from time to time; your use of Services is subject to those additional terms and conditions, which are incorporated into these Terms of Business by reference.

 

2. OVERVIEW OF THE SERVICES

ESP, through My Desi Roots, is, inter alia, engaged in the business of provision of spiritual and well being services including but not limited to online live pujas, delivery of puja related goods or articles, consultation and experiences for wellness and overall well-being including meditation, breathing and other techniques and spiritual wisdom to kids through story-telling sessions.

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3. ACCEPTANCE OF TERMS

By downloading and/or by registering or signing up for these Services, or otherwise having access to, receiving, and/or using the Platform, you acknowledge to have read, understood and consented to be governed and bound by these Terms of Business. If you do not accept or agree to any part of these Terms of Business, your usage of the Services will be terminated.

 

4. ACCESS

4.1. Subject to these Terms of Business, we may offer to provide you with Services selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any Services we perform for you, any hardware offered by us, or any widgets that you download from the Platform.

4.2. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any restricted information.

 

5. REGISTRATION AND ELIGIBILITY

5.1. Only persons who can form legally binding contracts under the Indian Contract Act, 1872 may access the Platform and avail our Services. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including without limitation, un-discharged insolvents, are not eligible to avail said Services. If you are a minor i.e., under the age of 18 (eighteen) years, you cannot register and/or avail our Services. We reserve the right to refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are incompetent to contract. You represent and warrant to us that you are of legal age to form a binding contract and are not a person barred from availing Services under applicable laws.

5.2. You may, at your sole discretion, log into the Platform using your personal details (“Login Details”).

5.3. Notwithstanding anything contained herein, you shall not:

5.3.1 provide any false personal information to us (including false/fraudulent Login Details) or create any account for anyone other than yourself without such person's explicit permission; or

5.3.2 use the Login Details of another person with the intent to impersonate that person.

 

6. YOUR RESPONSIBILITIES

6.1. By using the Platform, you represent and warrant that:

6.1.1. you have fully read and understood the Terms of Business and consent to them;

6.1.2. you will ensure that your use of the Platform and/or Services will not violate any applicable law or regulation;

6.1.3. you have no rights in, or to, the Platform or the technology used or supported by the Platform or any of the Services, other than the right to use each of them in accordance with these Terms of Business;

6.1.4. you will not use the Platform or the Services in any manner inconsistent with these Terms of Business;

6.1.5. you will not use the Services in any way that is unlawful, for any unlawful purpose, or in a manner that your use harms us, the Platform, or any other person or entity, as determined in our sole discretion, or act fraudulently or maliciously;

6.1.6. you will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying assets, contacts, arrangements, tie ups, ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;

6.1.7. you will not transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise damage, disable, overburden, impair or compromise the Platform, our systems or security or interfere with any person or entity's use or enjoyment of the Platform;

6.1.8. you will not disparage, make false or malicious statements against us or in connection with the Services or the Platform;

6.1.9. you will not interfere or attempt to interfere with the proper rendering of the Service or any activities conducted on the Platform;

6.1.10. you will not bypass any measures we may use to prevent or restrict access to the Service;

6.1.11. you will not run any form of autoresponder or “spam” on the Platform;

6.1.12. you will not use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services;

6.1.13. you will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service, except as expressly authorized by us;

6.1.14. you will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

 

7. PRICES & PAYMENT TERMS

7.1 The Prices of or Fees for the Services are indicated in your local currency or in the US Dollar, and are subject to change, at the exclusive and sole discretion of the Company. The said price or fee is subject to a periodic review and may be revised at our sole discretion and such revisions may be intimated to you as and when required.

7.2 The Prices of or fees for services shall have two components. 1)Principal, that needs to be paid at the time of confirming the booking for the services. 2)Secondary Service Charge, that may be paid at the sole volition of the recipient of the Services in appreciation of the experience and quality of the Services.

7.3 In certain cases, promotional prices or fees shall apply. These prices are valid, at the sole discretion of the Company, only either during a specific period, or as long as stocks last. No entitlement to such promotional prices may be invoked before or after the offer. The Company reserves its right to terminate, modify or rescind any offer, fully or partly, at its sole discretion without giving any notice to you.

7.4 The Company cannot be held to any price indications that are clearly incorrect, for example as a result of obvious typesetting or printing errors. No rights may be derived from incorrect price information.

7.5 You agree and acknowledge that your network operator may also separately charge you for data and other usage required for availing the Services.

7.6 In case the Indian tax laws or your respective Country’s tax law requires any tax, duty, cess or fee, whatever may be called, be levied on the Services, such tax, duty, cess or fee shall be recoverable from you.

7.7 The indicated prices or fees do not include any accessories, raw material or tools that may be required to perform the selected Services. Furthermore, the prices or fees do not include any expense or cost or allocation or burden, whatever may be called, that could be levied at your end for availing the Services which include but not limited to data network cost, puja items cost.

7.8 You hereby acknowledge and agree that in order to avail our Services, you explicitly agree to pay the fees in a manner and mode, as notified to you by us.

7.9 The Company shall accept payments via Debit/ Credit Cards (Visa, Mastercard and American Express) and select Wallets/ UPI Gateways as applicable in your region. Other modes, like bank transfers, could also be considered by the Company at its sole discretion, upon special requests from you. The Company, however, shall not have any compulsion to accept the request.

7.10 . The Principal service charges shall be paid in advance at the time of confirmation of the booking. You will not receive confirmation of your definitive order until your payment has been approved. The secondary service charge, which is completely optional for you, may be paid post completion of the event at your sole volition.

 

8. CANCELLATION AND REFUND

8.1.         The Company reserves its unfettered right to cancel or change the booking/order. Should this happen, the Company will attempt to provide a suitable solution. If an order is cancelled or delayed, the Company will do its utmost best to inform you as soon as possible. However, the Company cannot guarantee the possibility to inform you timely of any change or cancellation of an order or be held responsible for refunds, compensations or for any resulting costs you may incur related to the said booking/order.

8.2.        You agree and acknowledge that before confirming your order, you will always check carefully that you have selected the correct products/ services/ quantity. Wrongfully ordered numbers shall not be refundable.

8.3.        You agree and acknowledge that all purchases are final. The orders once placed cannot be cancelled for any refunds for any reason whatsoever. However, any order can be rescheduled for any other date before 72 hours from the date and time of the event. Such reschedule shall have to be within the booking policies in terms of minimum lead time of 72 hours.

8.4.        You agree and acknowledge that any cancellation within 48 hours prior to the date and time of the event shall not have any refund obligations. Any refund for this period shall be at the sole discretion of the Company. Any refund for such cancellations shall not create any obligation on the Company to oblige other cancellation and refund requests. All services/ products are for personal consumption, commercial use of our services/ products/ content is not permitted.

8.5.        If the order is not delivered in case of any unforeseen circumstances, the service/ product delivery can only be rescheduled to another mutually agreed date and time, or replaced by another comparable service.

8.6  It is also provided that in case of a cancellation by you prior to the expiry of 48 hours from the date and time of the event or by the Company due to whatever reasons, the Company may refund (without taking any obligation) the booking amount net of cancellation charges to a maximum of 4% of the transaction value. However, such refund shall not amount to admission by the Company of any other charges, damages, losses and consequences.

 

9. CONDITIONS TO USE

9.1. The Services will be provided on a best-efforts basis. We will make reasonable efforts and shall endeavour that you are able to use the Services without undue disruption, interruption or delay. You fully agree that you will solely be liable for creating the necessary infrastructure at your end to avail the services including but not limited to uninterrupted and seamless data connection, compatible display devices, etc.

9.2. Once you login on the Platform, you may receive updates, promotional materials and other information we may send with regards to the Service, or new services we may offer. You hereby consent to receiving all such commercial communications from us. You may opt out of receiving any, or all, of these commercial communications by writing to us at unsubscribe@mydesiroots.com.

9.3. We disclaim any responsibility for any harm resulting from anyone’s use of or access to the Services. If you avail our Services, you are responsible for taking precautions as necessary to protect yourself and your device (s) from malware, viruses, spyware, trojan horses, worms or trap doors, and other such harmful or destructive software. You also agree that we shall not be liable to you for any damages that may result from your use and/or misuse of our Platform.

 

10. INTELLECTUAL PROPERTY

10.1. You agree and acknowledge that we are and we will remain the owner of the Platform and the Services thereunder at all times. You acknowledge that copyright in works contained on the Platform and the Services, including but not limited to all the features, functionality software, design, text, sound recordings and images, are our exclusive property, or licensed by us, except as otherwise expressly stated. You may access the Platform as a bona fide visitor or only for your use of the Services offered.

10.2. All trademarks, service marks, trade names, trade dress, and other forms of intellectual property are proprietary to us. No information, code, algorithms, content or material from the Platform or the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.

 

11. THIRD-PARTY LINKS AND SERVICES

11.1. The Platform includes links to third-party websites and/or applications. You acknowledge that when you access a third-party link that leaves the Platform:

11.1.1. the website or application you enter into is not controlled by the Company and different terms of use and privacy policies may apply;

11.1.2. the inclusion of a link does not imply any endorsement by the Company of the third-party website and/or application, the website’s and/or application’s provider, or the information on the third-party website and/or application; and

11.1.3. if you submit any information or details on any of those websites and/or applications, such information is governed by the terms of use and privacy policies of such third-party websites and/or applications and the Company disclaims all responsibility or liability with respect to these terms of use, policies or the websites and/or applications.

11.2. You are encouraged to carefully read the terms of use and privacy policy of any third-party website and/or application that you visit. The Company reserves the right to disable third-party links from the Platform, although the Company is under no obligation to do so.

 

12. INDEMNITY AND LIMITATION OF LIABILITY

12.1. To the extent permitted by law, you agree to indemnify the Company, its officers, directors and employees from and against any losses, damages, costs, expenses and claims arising out of (i) your use of the Services; (ii) any breach of these Terms of Business or Privacy Policy by you; (iii) any infringement of any intellectual property or other rights of the Company or any third- party or (v) your breach of any applicable laws.

12.2. To the fullest extent permitted by law, in no event will the Company or its affiliates or officers or employees be liable in respect of the Platform and/or the Services for any direct, indirect, special, incidental, punitive, exemplary or consequential damages whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not the Company has been warned of the possibility of such damages. You expressly understand that under no circumstances, including negligence, will the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including with respect to:

12.2.1 the use or the inability to use the Platform and/or the Services;

12.2.2 your reliance on the statements or claims made by us in the course of rendering our Services; or

13.2.3 any other matter relating to the Platform and/or Services.

12.3. Additionally, by using the Platform or any of the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Platform or any of the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

13. CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

13.1.       Definitions: “Confidential  Information” shall mean for each Party to this Agreement  all information of confidential nature relating to the other Party disclosed during the term of this Agreement. Such information shall include, without limitation, contact details, samples, illustrations, operational information, financial information, pricing strategy, customers and policies and procedures. Such Confidential Information may be supplied, in writing. “Disclosing  Party” shall mean the Party disclosing any particular item of Confidential Information. “Receiving Party” shall mean in relation to any particular item of Confidential Information the Party which receives such information pursuant to this Agreement.

13.2.       Confidentiality: In consideration of Disclosing Party agreeing to disclose Confidential Information to Receiving Party, Receiving Party shall: (i) keep all such Information strictly confidential; (ii) use such Confidential Information only for the purpose for which it was disclosed and shall not use or exploit such Confidential  Information for the benefit of third party(s), except key closely associated party(s); (iii) not duplicate in any manner the Confidential Information furnished in tangible form except for the purpose of this agreement or related marketing activities in future; (iv) restrict access to any Confidential Information to such of its employees, consultants, representatives, advisors and agents who need to know such information for the purposes of approving, evaluating or otherwise participating in the Purpose and ensure that such employees, consultants, representatives, advisors and agents are made aware of the terms of this Agreement; (v) Not disclose any Confidential Information to any third party without making such third party aware of the terms of this Agreement; (vi) be obligated to keep confidential the Information during the Survival Period; and be responsible for any breach of any of the undertakings contained in this Agreement.

13.3.       Exclusions: The obligations and requirements set out in this Agreement will not apply to use and disclosure of the information which: (i) at or after the time of disclosure or acquisition is in the public domain in the form supplied otherwise than through a breach of this Agreement by Receiving Party; or (ii) has been independently developed by Receiving Party; or (iii) was lawfully within the possession of Receiving Party prior to its disclosure to Receiving Party by or on behalf of  Disclosing Party provided that Receiving Party had no reason to believe that Receiving Party was legally obligated to keep the same confidential; or (iv) Receiving Party is required to disclose by any court of competent jurisdiction or any Government agency lawfully requesting the same provided that Receiving Party notifies Disclosing Party of such disclosure; or (v) is approved for release by a specific written authorisation from Disclosing Party.

13.4.       Subpoenas, etc: In the event Receiving Party is required to disclose Confidential Information to any third party to comply with applicable laws or court orders, decrees or proceedings or governmental or regulatory rules and regulations or for arbitration purposes, Disclosing Party shall not oppose and Receiving Party shall furnish only such portion of the Confidential Information as may be legally required and shall take all reasonable and lawful actions to avoid and/ or minimise the extent of such disclosure and shall also take all reasonable and lawful steps to avoid and/ or minimise the risk of any Confidential Information being subsequently disclosed further.

13.5.       The Disclosing Party shall comply with all privacy and data protection laws, rules and regulations which are or which may in the future be applicable for any Personal Information disclosed to the Disclosing Party. Without limiting the generality of the preceding sentence, the Disclosing Party agrees that it will not use nor disclose to any other party any Personal Information. “Personal Information” refers to any private information which identifies an individual, such as names, addresses, telephone numbers, electronic addresses, social security numbers, credit card numbers, medical records, and demographic information.

 

14. TERMINATION

14.1. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Any suspected illegal, fraudulent or abusive activity will also be grounds for terminating your access to the Platform and/or Services.

14.2. We reserve the right to, at our sole discretion, (a) cease operating the Platform or any of the Services at any time without notice, and/or (b) terminate these Terms of Business.

14.3. All provisions of these Terms of Business which by their nature shall survive termination, including, without limitation, intellectual property provisions (Clause 9), indemnity and limitations of liability (Clause 11) and warranty disclaimers (Clause 13).

 

15. DISCLAIMER

15.1. We hereby expressly state that the Services provided on the Platform are solely in relation to your spiritual, wellness and overall wellbeing.

15.2 You hereby agree and acknowledge that our Services are in no manner discriminatory towards other religions or religious practices and shall not, under any circumstances whatsoever be deemed to be a disrespect of other religions or be deemed as favouring any religion over other religions or religious practices.

15.2.1 The Company does not promote or support, directly or indirectly, superstition, communal disharmony, fundamentalism, extremism, racism or disrespect to any religion. The Company does not also promote, directly or indirectly, the discrimination towards any cast, creed, colour or section.

15.3. Save to the extent required by law, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding the effects the Services may have on you.

15.4. You agree and acknowledge that the Services are provided on an “as is” basis, and that we hereby do not guarantee or warrant to the accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, of the Services and accept no liability or responsibility with respect to correctness of time, your reliance on the statements or claims made by us or the third parties in the course of rendering Services. You also agree and acknowledge that the relevance of the Services is a matter of faith and cannot have any guarantee or surety or indemnity about the indicated effects or outcome of the Services.

15.4.1.   The Company shall not be responsible for any loss or damage or agony, whatsoever caused to you or any other person due to the faith she/he placed on the relevance of the Services. Furthermore, the Company shall not be liable or responsible for any loss or damage that may happen during the performance of the Services at your end due to accident or otherwise.

15.4.2 You agree and acknowledge that the performance of puja specially hawan involves fire procedures that will require utmost care and caution. You agree and acknowledge that you will remain vigilant throughout the procedure, and the Company shall not be responsible or liable for any accident, mishap or untoward incident at your end due to any reasons whatsoever.

15.4.3 The Company makes no representation or warranty that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Any users who use or access the Platform or avail the Services from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction.

 

16. GOVERNING LAW

16.1. A printed version of these Terms of Business and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Business to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16.2. These Terms of Business shall be governed by and construed in accordance with the laws of India. For all purposes of these Terms of Business, you consent to exclusive jurisdiction of courts located in the State of Haryana, India.

16.3. Any failure by the Company in exercising any right, power or privilege shall not act as a waiver nor shall any single or partial exercise thereof preclude any further exercise of any rights, power or privilege by the Company.

 

17. SEVERABILITY

If any provision of these Terms of Business is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Business will otherwise remain in full force and effect and enforceable. The failure of either party to exercise, in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 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 Business to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 

18. MODIFICATION OF TERMS OF USE

We reserve the right, at our sole discretion, to modify or replace any of these Terms of Business, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or its usage at any time by posting a notice or by sending you notice through our service or via email/contact details provided as Login Details. 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. It is your responsibility to check these Terms of Business periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Business shall constitute as an acceptance of those changes.

 

19. MISCELLANEOUS

19.1. Unless otherwise specified in these Terms of Business, all notices hereunder will be in writing and will be deemed to have been duly given when received or when receipt is electronically confirmed, if transmitted by e-mail.

19.2. In respect of these Terms of Business and your use of these Services, nothing in these Terms of Business shall be deemed to grant any rights or benefits to any person, other than us and you, or entitle any third party to enforce any provision hereof, and it is agreed that we do not intend that any provision of these Terms of Business should be enforceable by a third party as per any applicable law.

19.3. Any term or word not defined in the document shall have the meaning that reflects the intention of the Company while offering or undertaking the transaction.

 

20. CONTACT

20.1. Should you have questions about these Terms of Business or information collection, use and disclosure practices in relation to the Services, you may contact our Grievance Officer at:

Grievance Officer: Suresh

Email: grievance@mydesiroots.com

20.2. The Grievance Officer shall redress your grievances expeditiously. Except where required by law, we cannot ensure a response to questions or comments regarding topics unrelated to the terms of these Terms of Business

 

YOU HAVE FULLY READ AND UNDERSTOOD THESE TERMS OF USE AND VOLUNTARILY AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE