Our role is limited to providing a technology platform to enable transmission of content and information directly to you. Our role in relation to such content and information, is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, we have no responsibility and/or liability in respect of any such content or information made available through our Services on the Godly App.
We reserve the unilateral right, at our sole discretion, to revise these Terms as well as update the Godly App from time to time without prior notice. The Godly App and/or Services are currently being provided as a beta version, and these Terms are to be considered to be in draft form and thereby amenable to future modifications. Your continued use of the Godly App following any modifications to the Terms constitutes your acceptance of the modified Terms. For this reason, you should frequently review these Terms, including dates, to understand how they apply to your use of the Godly App. At any point in time, if you do not agree with any part of these Terms, please stop using the Godly App immediately.
Eligibility and Use
- Eligibility: In order to use or access the Godly App and Services, you must be competent to enter into a contract under applicable laws. Your continued use of the Godly App will mean that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws.
- Access and use on behalf of legal entity: If you access or use the Godly App or Services for and on behalf of a legal entity (single or multiple), you represent and warrant to us that you have the authority to bind such entity (including its affiliates and associate entities) to these Terms.
Your Godly Account
- Signing up to use our Services: In order to access and use the Godly App and Services, you will be required to create a user account (“Godly Account”). To create a Godly Account, you must provide us your phone number, which we will authenticate with a one-time password. Additionally, you may also provide us with your email ID and date of birth at the time of creating your user account.
- Duty to be responsible: You will be responsible for maintaining confidentiality of your Godly Account, password, and restricting access to your computer or mobile device, and you hereby accept responsibility for all the activities that occur under your Godly Account. You acknowledge that the information you provide is not confidential or proprietary and does not infringe any rights of a third party in whatsoever manner.
- Security Breach: If you know or have reasons to believe that the security of your Godly Account has been breached, you should contact our Grievance Officer immediately as per the contact information provided below in Section 17 (Grievance Officer). If we find a security breach or suspected security breach of your Godly Account, we may require you to change your password, and/or temporarily or permanently block your Godly Account without us incurring any liability.
- Ensure compatibility and keep updated: You must ensure that you keep updating the Godly App as and when we release new versions of it. Failure to do so may make you incapable of using the Godly App and Services.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, and make personal and non-commercial use of the Godly App and Services. You do not have any permission to download, copy, install, or use the Godly App or Services or any content or information made available for viewing on the Godly App for any other purpose without our prior written consent. All rights not expressly granted to you in these Terms, are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Godly App and prevent your future access of the Godly App.
- We do not vet or conduct any due diligence on the temples to verify if the temples are registered charitable organizations or have acquired any FCRA certification. You should carry out this diligence yourself and make a donation only once you are satisfied with the legal status of the temple and your donations thereto.
- We shall not be responsible or incur any liability arising from any donation made by you, including denial of tax exemption by tax authorities, or any additional conversion fees, bank charges and/or other transaction fees which you may be required to pay while making your donation.
You will be able to submit the same short videos for the purposes of featuring them in the Jhanki section on the Godly App. This will be governed by our Jhanki Policy.
- Beta Version of Godly App and Services: We expressly represent that the Godly App and Services are currently offered as a beta version and may not have been tested, debugged and are experimental, and as such may contain various errors, defects and maybe unstable. We may, at our sole discretion, change, modify, revamp, alter, reduce or add to the Godly App and/or Services provided in the future.
- Beta Version Disclaimer: In addition to any disclaimers contained in Section 9 (Disclaimer) of these Terms, this beta version of Godly App and Services are provided on an ‘as-is” basis at your sole risk. Should this beta version prove defective in any manner, you agree to assume the cost of all necessary maintenance, service or repairs to your computer or mobile device arising from the use of this beta version. We shall not incur any liability arising from your use of the beta version of the Godly App and Services as per these Terms under any theory of liability under applicable laws.
Godly Token Credits
- If you submit any Jhanki Content as provided in our Jhanki Policy, we will allocate the Godly Tokens against your Godly Account. You cannot use the Godly Tokens for any purposes outside the Godly App. You may write to us at email@example.com from the “contact us” section of the Godly App requesting us to transfer the INR equivalent of the Godly Tokens held by you against your Godly Account (“Transfer Request”). You must, as part of your Transfer Request, provide us your UPI ID or/and your PayTM ID linked to the phone number provided by you to create your Godly Account and the amounts to seek to get transferred.
- We will accept your Transfer Request only if you have provided a UPI ID or/and PayTM ID required under Section 7.1. (Godly Token Credits) above, and if you hold at least equivalent of INR 100 in Godly Tokens in your Godly Account.
- In the event that the Jhanki Content you provide violates any provision of our Jhanki Terms, then any amounts paid to you by us for such Jhanki Content shall be repaid by you to us immediately and any Godly Tokens held by you will be deemed forfeited.
Third Party Data
We may use various third-party data, software and/or services to host the Godly App and provide you the Services. Although we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data, software or services.
- Under no circumstances will we, our employees or agents be liable in contract, tort or otherwise for any direct, indirect, special or consequential loss, injury or damage including loss of revenue, loss of reputation or good will, loss of profit, computer or device failure, corrupted data, or interruption of business, arising directly or indirectly from use of Godly App, Services or reliance on any content or information provided to you.
- You understand that usage of Godly App and Services will require an active internet connection, which can be either Wi-Fi or provided by your mobile network provider. We will not be responsible for any loss in functionality if you don’t have an active internet connection or for any charges you may incur for usage of mobile data. Further, you need to ensure that your computer or mobile device has adequate charge as we will not be responsible if you run out of battery and consequently fail to access the Godly App and/or avail Services.
- You agree to use the Godly App and Services at your own risk. The Godly App and the Services, including any content, and any other information are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. We do not warrant the quality of the Godly App or Services, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use; or that the Godly App or Services will be accurate, error free, reliable, free of trojans, viruses, malware or other harmful components.
- We are committed to ensuring that none of the content on the Godly App violates the law or infringes third-party intellectual property rights. While we preliminarily review content on the Godly App, we are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 36 (thirty-six) hours of making such a determination, take down such content.
- We do not endorse any views held or statements made in any content or information made available through our Services and are not responsible for the same. We may, but are not required to, monitor all content or information on the Godly App. In the event that you do not agree with any of the content or information being made available through the Services on the Godly App, your grievance shall lie solely with the third-party person or entity performing or making available such content or information on the Godly App. We have no control over the content and information being made available as part of the Services on the Godly App and we do not provide product or service quality guarantees of any kind. We shall not be liable or responsible for any harm or damages suffered by you in any case whatsoever, including but not limited to the content or information provided through the Services; the specific features of the Services, or its accuracy, reliability, availability, or ability to meet your needs. You can escalate any grievance or complaint pertaining to content or information provided through the Services with our Grievance Officer, whose contact details are provided in Section 17 (Grievance Officer) below. We will consider all grievances, complaints and communications sent by you and other members of the public in good faith.
- Our Intellectual Property: All rights, interest and title in the Godly App itself, its layout, trademarks, copyrights, content, information, images, illustrations, graphics, video clips, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, database rights patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”), vests with us unconditionally and constitutes our exclusive Intellectual Property.
- Temple’s intellectual property: Our Intellectual Property shall not include any intellectual property of the Temples from where we provide content or information through our Services. The Temples have only granted us rights to film and record content for our Services. All names, likenesses and logos of Temples are the exclusive intellectual property of the respective Temples (“Temple’s Intellectual Property”) and we have no right, title or ownership over them.
- Prohibited use of Intellectual Property: You do not have the right to duplicate, distribute, create derivative works of, display, extract the source code of the Godly App, translate the Godly App, Services or content and information thereof, or commercially exploit our Intellectual Property or the Temple’s Intellectual Property, directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.
Limitation of Liability
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Godly App, Services or any content or information provided, including, but not limited to, any errors or omissions in any content or information, or any loss or damage of any kind incurred as a result of the use of the Godly App, Services or any content or information thereof, even if advised of their possibility. Our total aggregate monetary liability for the Services or the content or information provided on the Godly App shall be limited to INR 1000 (Rupees One Thousand).
You agree to defend, indemnify and hold harmless us as well as our affiliates and their respective investors, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use and access to Godly App and Services; (ii) your violation of these Terms; (iii) your violation of any third party right; (iv) your breach of applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of your Godly Account by any person, including by a third party, whether or not authorized or permitted by you.
- Identity of the copyrighted work claimed to have been infringed;
- Proof of your ownership of copyrighted work;
- Details of the Jhanki Content which is claimed to have infringed the copyright;
- Your contact information, i.e., name, email, address and phone number for us to communicate with you and such other information that may be requisitioned by us for verifying your claim.
- Please note that we may share your contact information and all details submitted by you with the user against whom you have initiated any complaint under this Section 13 (Copyright Violations) and/or may disclose such information and details to the appropriate authority, including any court of law, for the purpose of any related inquiry/investigation.
Restrictions on Use
You agree and undertake that by using the Godly App and Services that you shall not:
- Use the Godly App, Services or any content or information thereof for any purpose or in any manner that is illegal or prohibited by these Terms or under any applicable laws;
- Use the Godly App or the Services for any harmful or nefarious purpose;
- Use the Godly App or the Services in order to cause any kind of damage to us in any form or manner whatsoever;
- Spam or defraud any users of the Godly App or any potential users thereof;
- Impersonate any person or entity on the Godly App;
- Be disrespectful or unkind while interacting or communicating with any of our representatives, including without limitation, our grievance officer;
- Use the Godly App or the Services or any content or information thereof in any manner that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property (including Temple’s Intellectual Property) or contractual rights;
- Use the Godly App or the Services or the content or information thereof in any manner that may amount to hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
- Use the Godly App or the Services or the content or information thereof in any manner that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
- Use another user’s account, or share an account with another user;
- Create another account if we have already terminated your account, unless you have our permission;
- Use the Godly App or the Services or the content or information thereof immediately for any commercial purposes, except as provided for under these Terms, without our written consent;
- Copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Godly App, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Godly App, Services and/or content or information thereof in any manner that is not permitted under these Terms;
- Embed, re-publish, maintain and/or display any third-party websites/applications on any website or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;
- Express or imply that any statements you make are endorsed by us.
If you do or attempt any such acts, we may terminate your use of the Godly App and/or Services. We may also further report such actions to the appropriate law enforcement authorities and commence legal proceedings against you.
Term and Termination
- Indefinite term until termination: These Terms will be effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Godly App and/or Services; and/or (ii) terminate these Terms and your use of the Godly App and/or Services with or without cause.
- Post termination obligations: Upon termination of these Terms, you shall stop using and destroy or remove all copies of Godly App and Services, including content and information, from all websites, applications, computers, hard drives, networks, and other storage media, and certify to us that such actions have occurred. We reserve the right to inspect or audit to confirm the foregoing.
You consent to receiving communications from us electronically. We will communicate with you by e-mail, through push notifications on your computer or mobile device, or by posting notices on the Godly App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Godly App and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.
If you have any complaints, grievances or questions related to the Godly App and Services, please contact our grievance officer in the following manner:
Name: Critika Agrawal
Sections 4 (Beta Version), 7.3 (Godly Token Credits), 9 (Disclaimers), 10 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), 11 (Term and Termination), 17 (Grievance Officer), 18 (Survival), 19 (General Provisions) shall survive the efflux of time and the termination of these Terms.
- Modification: We reserve the right, at any time and from time to time, without prior notice to you, to modify, suspend or discontinue the Godly App; and/or discontinue, supplement or modify the Services provided (in whole or in part). This includes charging you a fee for the existing Services or any new services as we deem fit and revising the minimum amounts for redemption as provided under Section 7 (Godly Token Credits). You agree that we shall not be liable to you or any third party for any modification, discontinuation, or suspension of the Godly App and/or Services or any part thereof. If any such modification is unacceptable to you, you should immediately stop and discontinue your access and use of the Godly App and Services. Continued use of the Godly App and/or Services post any such modification will be deemed acceptance of any such modification.
- Disputes: These Terms and any action related thereto will be governed by the laws of the Republic of India. Any disputes arising out of or related to the Terms, Godly App, or Services (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in Jaipur. Any and all Disputes shall be referred to and finally resolved by a mutually appointed sole arbitrator in accordance with the provisions for fast track arbitration provided under the Arbitration and Conciliation Act, 1996, including any amendment or modification thereto. The seat and venue of arbitration shall be Jaipur. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.
- Assignment: You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favour, without any restriction.
- Waiver: Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies and no single or partial exercise of any rights or remedies hereunder, shall prevent any further exercise of rights or remedies by us.
- Severability: If any of these Terms is held to be illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.