Terms and Conditions

Last updated: January 11, 2025

Welcome to KirtanMantra.com

These Terms and Conditions ("Terms") govern your access to and use of the website KirtanMantra.com (the "Website"), operated by Quantum Tattva, a company incorporated under the laws of India ("we," "us," or "our"). Our platform respects all religions and beliefs. Services provided through our platform comply with applicable religious institution regulations. We do not endorse or promote any particular religious beliefs over others.

Please read these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website.

Accessing the Website

1.1 Eligibility

There are no age restrictions for using this Website. By using the Website, you represent and warrant that you have the legal capacity to enter into these Terms under the laws of your jurisdiction.

1.2 User Accounts

You may be required to create an account to access certain features of the Website. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

1.3 Prohibited Activities

You may not use the Website:

Intellectual Property

2.1 Ownership

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2 Limited License

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

2.3 Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Disclaimer

3.1 No Warranties

The Website and its content are provided "as is" and "as available" without any warranties of any kind, express or implied. The Company disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 1 The Website and its features are provided "as is" with no guarantee of uninterrupted access or error-free operation.

3.2 No Professional Advice

The content on the Website is for informational purposes only and does not constitute professional advice. You should not rely on any information on the Website as a substitute for professional advice.

3.3 Accuracy of Information

While the Company strives to keep the information on the Website accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose.

3.4 Disclaimer Regarding Service Providers

The Company does its best to conduct background, qualification, and experience checks for the Service Providers. We only connect users to reputed Service Providers (i.e., Priests, Astrologers, spiritual service providers, etc.). However, we make no representations or warranties regarding the qualifications, experience, or background of any Service Provider. You are solely responsible for verifying the credentials and suitability of any Service Provider you engage.

Limitation of Liability

4.1 Indirect Damages

To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages.

4.2 Direct Damages

In no event will the Company's total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of or inability to use the Website exceed the amount you have paid to the Company for accessing the Website, if any, or INR 1000, whichever is less.

4.3 Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to, your user contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

Third-Party Service Providers

6.1 Role of the Company

The Website acts as a platform to connect users with third-party service providers, including but not limited to Pundits, Astrologers, Priests, and Musicians ("Service Providers") located in or outside of India.

6.2 Company's Responsibility

While we strive to ensure a positive user experience, we do not endorse, recommend, or guarantee the services of any Service Provider. We are not responsible for the conduct, actions, or omissions of any Service Provider, nor are we liable for any disputes, claims, losses, or damages arising from your interactions or transactions with Service Providers. We do not guarantee any specific outcome or result from the services provided by Service Providers. Any desired outcomes or expectations should be discussed directly between the user and the Service Provider. All Service Providers are required to comply with applicable religious institution regulations and professional standards. Users acknowledge that services provided through the platform are traditional/spiritual in nature and are not substitutes for professional medical, legal, or psychological services.

6.3 Dispute Resolution with Service Providers

Any dispute arising from your interactions with a Service Provider should be addressed directly with that Service Provider. However, you may report any concerns or complaints regarding a Service Provider to us. We will review such reports, may gather information from both parties involved, and take appropriate action at our sole discretion.

6.4 Company's Discretion

We take user complaints seriously and will make reasonable efforts to address your concerns. However, our actions are at our sole discretion, and we are not obligated to provide any reasons for our decisions. We reserve the right to suspend, terminate, or restrict access to the Website for any user or Service Provider, at any time and for any reason, without prior notice.

6.5 No Responsibility for Offline Interactions

We are not responsible for any interactions, transactions, or disputes that occur offline between users and Service Providers.

Dispute Timeframe, Process

7.1 Users must raise any dispute, complaint, or grievance regarding services within 7 days of using the services. Any complaints or disputes raised after this period shall not be entertained and the user waives all rights to any claims thereafter.

7.2 Users explicitly waive their right to:

7.3 All disputes must be submitted in writing to support@kirtanmantra.com. Disputes must include detailed documentation and evidence. The dispute must clearly state the specific service issue and desired resolution. Users must cooperate with the Company's investigation process.

7.4 Limited Remedies:

7.5 Acknowledgment: By using our services, users explicitly acknowledge and agree that:

No Refunds & No Cancellations

All payments made to Service Providers through the Website are final and non-refundable.

Data Storage

By using the Website and its services, you consent to the storage of your data on our servers. This data may include information you provide during account registration, service requests, and interactions with Service Providers. We do not store any personally identifiable data indefinitely and will delete such data in accordance with our Privacy Policy and applicable data protection laws.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. You agree that any legal suit, action, or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the courts of Nagpur, India.

Dispute Resolution

11.1 Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Nagpur, India, in accordance with the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties.

11.2 Mandatory Pre-Arbitration: Before initiating any legal proceedings, users must:

Termination

We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

Entire Agreement

These Terms constitute the entire agreement between you and the Company relating to the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company with respect to the Website.

Waiver

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Contact Us

If you have any questions about these Terms, please contact us at legal@kirtanmantra.com.

Thank you for using KirtanMantra.com!