Terms and Conditions
Terms of Service
The following terminology applies to these Terms of Service, Privacy Statement and DisclaimerNotice: "The Company", "eVadhyar", "Our","We" and "Us", refers to eVadhyar,LLC. "Client", "You" and "Your"refers to you, the person accessing our service as describedbelow (the "Service") and e-vadhyar.com (the Website").
"Party", "Parties", or "Us",refers to both the Client and us, or either the Client or us.
These Terms of Service is a legal agreement (the "Agreement")between the Parties for your use of the Service. If you do notaccept these Terms of Service, you should not use the Service or theWebsite.
Whenever the context requires or suggests, references in theseTerms of Service to the singular number shall include the plural, andthe plural number shall include the singular, and words denotinggender shall include the masculine, feminine and neuter.
eVadhyar reserves the right, from time to time, with or withoutnotice to you, to change these Terms of Service in its sole andabsolute discretion. The most current version of the Terms of Servicewill supersede all previous versions. The most current version ofthese Terms of Service can be accessed by clicking on the "Termsof Service" link located at the bottom of the Website. Youshould periodically visit the Terms of Service page on the Website soyou are aware of the terms and conditions that apply to your use ofthe Service and the Website. Your continued use of the Service andthe Website will represent your acceptance of the most current Termsof Service.
Description of Service
The eVadhyar Service is provided by eVadhyar, LLC. The eVadhyarService delivers personalized audio content containing shlokas andmantras (the "Content") required for performing Hindu ritesand rituals. You may be required to repeat after the Content as it isplayed. Directions for use of the Content are self-contained. The Content generally contains personalized details related toincluding but not limited to the place where the ritual is beingperformed and the birth details of the performer of the ritual andtheir family members. The eVadhyar Service deliverspersonalized content based on the information provided by you. TheContent can be obtained on the designated day of the ritual bylogging on to your account on the Website or through the eVadhyar appon your mobile device. For certain services requested by you, theaudio content may be delivered to you through the email that you haveregistered with us. For any Horoscope services provided by eVadhyar,the results and files may be delivered to your email address thatyou have registered with us.
eVadhyar reserves the right in its sole andabsolute discretion to change how it operates the Service and theWebsite. You should not consider any description of how the Serviceworks to be a representation or obligation with respect to how theService will work in the future.
Using the Service
In order to access and use the Service, you must Register online("www. eVardhyar. com"). During online setup of youreVadhyar Account, these Terms of Service will be available for yourperusal. You can access the Terms of Service by pointing your mouseon "Clickhere to read Terms and Conditions and clicking the left mousebutton. You can then access a printable/downloadable version ofthese Terms of Service. Once you have read the Terms of Service, youhave to select "I Agree" before the Registration processis complete. . To activate the Service, you must register and provideyour name, a valid email address, your current address, and detailsof your birth. In order to create Content specific to ritualsyou may want to perform, additional details about you or your familymembers and your ancestors may be required. eVadhyar will makethe Content available to you no later than three (3) weeks from whenyou provide personal details required to create the Content and afterthe necessary fees paid up front.
Service Minimum Requirements
YOU MUST HAVE HIGH-SPEED INTERNET CONNECTIVITY, AN EVADHYARACCOUNT AND A COMPATIBLE DEVICE TO USE THE SERVICE. You will beresponsible for all costs associated with procuring and maintainingthe internet connectivity and Device(s) necessary to access and usethe Service, including but not limited to any internet connectivity,data transmission or airtime fees charged by internet serviceproviders or mobile phone carriers while accessing the Service orContent.
Availability
The Service is available throughout theworld.
Payment
We currently accept payments through PayPal. You areresponsible for providing and maintaining a valid PayPal accountthrough which eVadhyar may bill you for the Service. Termsand Conditions of using the PayPal services as laid out in the PayPalwebsite applies. eVadhyar will bill you for one (1) year of serviceafter you submit the information to provide your personalizedContent. eVadhyar may automatically bill you on the anniversary dateof the start of your service to continue the service for one (1) moreyear. You may turn off automatic billing by informing us through email.
Cancellation/Refund Policy
You may be able to cancel the Service within 30days of signing up for the Content. Your eligibility to cancel theService is up to our sole discretion. You may cancel your Service bycontacting us via email at info@evadhyar.com. Horoscope services cannot be cancelled, since these are one timeservices, and are completed in short period of time after ordering.(Normally within 48 hours.)
If you are unable to download or play theContent, due to delivery issues from our side, you may be eligiblefor a refund. eVadhyar cannot be held responsible for connectivity,or device issues on the your part.
Your Privacy
We are committed to protecting your privacy. Aspart of providing you the Service, we collect and maintain PersonallyIdentifiable Information from you. We will not sell, share, or rentyour personal information to any third party or use your e-mailaddress for unsolicited mail. eVadhyar may cooperate with anddisclose information to a law enforcement authority, governmentofficial or third party in response to a subpoena or court order,without giving any notice to you.
You agree that eVadhyar may use your email address to send youservice-related notices, including notices required by law, in lieuof postal mail. You may not opt out of service-related e-mails. Wemay also use your email address and mobile telephone number to sendyou informational emails and mobile text messages about eVadhyar andspecial offers. You may opt out of informational email by changingyour account settings.
Links to Third Party Websites
The Website may contain links to third-partysites which are not under our control, and we are not responsible forthe contents of any linked site or any link contained in a linkedsite, or any changes or updates to such sites. We are providing theselinks to you only as a convenience, and the inclusion of any linkdoes not imply that we endorse or accept any responsibility for thecontent on such third-party site.
Account Access
You are solely responsible for the activity onyour eVadhyar Account, including, but not limited to, any and allpurchases made from your eVadhyar Account, and maintaining theconfidentiality of your eVadhyar Account password. You acknowledgeand agree that you assume full responsibility for the conduct ofthose to whom you disclose your account information or password. Ifyou use a public or shared computer or unprotected mobile device, youshould always log out at the end of each visit to the eVadhyarWebsite.
Disclaimer
THE EVADHYAR SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN)AND ANY UPGRADES OR PLUG-INS AND ANY CONTENT ARE LICENSED TO YOU "ASIS." ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVADHYAR DISCLAIMS ALLWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE AND NON-INFRINGEMENT. EVADHYAR MAKES NOREPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROMLOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE,HACKING, OR OTHER SECURITY INTRUSION, AND EVADHYAR DISCLAIMS ANYLIABILITY RELATING THERETO.
EVADHYAR MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THATUSE OR RESULTS OF THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE,CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE,EVADHYAR MAY MODIFY, SUSPEND, OR DISCONTINUE THE SERVICES (INCLUDINGANY CONTENT) OR YOUR USE OF THEM. WHENEVER EVADHYAR ELECTS TO MODIFY,SUSPEND, OR DISCONTINUE THE SERVICES, IT WILL NOT BE LIABLE TO YOU ORANY THIRD PARTY.
Limitation of Liability
IN NO EVENT WILL EVADHYAR BE LIABLE TO YOU FORINDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OROTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OFPROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESSINFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF EVADHYAR HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTENINFORMATION OR ADVICE GIVEN BY EVADHYAR OR OTHERS WILL CREATE AWARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCHINFORMATION OR ADVICE.
EVADHYAR 'S ENTIRE LIABILITY AND YOUR EXCLUSIVEREMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONEDOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLEEVADHYAR SERVICES AT ISSUE. NONE OF YOUR STATUTORY RIGHTS AS ACONSUMER ARE AFFECTED.
Indemnity
You will indemnify and hold eVadhyar, its directors, officers,employees, agents and licensors harmless with respect to any suits orclaims arising out of (i) your breach of these Terms of Service,including but not limited to, any infringement by you of theintellectual property of any third party; or (ii) any third partyclaims arising out of your use or misuse of the eVadhyar Services.
Copyright Notice
The eVadhyar service, including all contentprovided on the eVadhyar service, is protected by United States andinternational copyright, trade secret or other intellectual propertylaws and treaties. You may not copy, distribute, modify, createderivative works, or in any way exploit the Service, the Content orthe contents of the Website, nor may you distribute any part of thiscontent over a public network, or sell or offer it for sale.
Force Majeure
eVadhyar shall not be liable for any failure toperform any obligation under any Agreement which is due to an eventbeyond our control including but not limited to delays caused by youor your equipment, any Act of God, terrorism, war, Politicalinsurgence, insurrection, riot, civil unrest, act of civil ormilitary authority, uprising, earthquake, flood or any other naturalor man made eventuality outside of our control, which causesdisruption of the Service, nor which could have been reasonablyforeseen.
Severability
If any provision of these Terms of Service is deemed unlawful,void or for any reason unenforceable, then that provision shall beseverable from these Terms of Service and shall not affect thevalidity and enforceability of any remaining provisions.
Governing Law
This Agreement shall be governed by and construed in accordancewith the laws of The State of Texas. EACH PARTY HEREBY WAIVES THERIGHT TO TRIAL BY JURY.
The Parties agree that any dispute orcontroversy arising under or in connection with this Agreement or anyalleged breach thereof, shall be resolved by final and bindingarbitration before a single arbitrator pursuant to the CommercialArbitration rules of the American Arbitration Association, asmodified by any other instructions that the Parties may agree upon inwriting at the time, and judgment on the award rendered by thearbitrator may be entered in any court having jurisdiction thereof. The Parties agree that, prior to initiating any such arbitration, theParties shall engage in reasonable, good faith negotiations for aperiod of not less than thirty (30) days in an attempt to resolvesuch dispute amicably. Mandatory venue for any such arbitrationshall be in Harris County, Texas.
