Terms Of Use

Acceptance of Terms of Use

Please carefully review these terms of use before using the Shradhanjali.com website (the "Website"). Use of the Website by you is governed by these terms of use and, by accessing or using the Website, you acknowledge that you have read, understood and accepted these terms of use. If you do not agree to these Terms of Use, you should not use the Shradhanjali.com service or website.

These Terms of Use are an ongoing agreement between you and Shradhanjali.com and apply to your use of the Shradhanjali.com service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

Shradhanjali.com, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in its sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Shradhanjali.com website. The most current version of the Terms of Use will supersede all previous versions. Your use of the Shradhanjali.com website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.

Privacy

Any personally identifying information submitted on the Shradhanjali.com website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works

Shradhanjali.com is an online obituary broadcasting and memorial site portal for the Community. Our service enables our customers to electronically broadcast a death message and updates to family and friends, create a memorial WebPages for the ones who have passed away. Please refer to our Services page on the website to learn more about our services in detail.

Shradhanjali.com reserves the right in our sole atund absolute discretion to make changes from time to time and without notice in how we operate our service.

Membership and Billing

You can find the specific details regarding your membership with Shradhanjali.com at anytime by clicking on the "Services" and "Pricing" link, on the Shradhanjali.com website.

Registering with the Shradhanjali.com website will enable you to create and manage a death message. You agree to pursue our services solely for the reasons stated above and your membership goes into effect immediately upon payment for the services as described in the "Services" and "Pricing" pages on the Shradhanjali.com website. You agree to pursue the website and its features/services and pay for it to use the features/services on the Shradhanjali.com website.

Your payment for the services offered by Shradhanjali.com website entitles you to access your account and pursue the memorial WebPages and its features for a period of 30 (Thirty) years only on the Shradhanjali.com server and domain. It may continue after expiry of 30 years, if Company wishes with the prevailing Terms and Condition for the Agreement. Or you will be eligible to renew your membership for additional charges as displayed on the "Pricing" page of the Shradhanjali.com website.

Cancellation

You may cancel your membership to Shradhanjali.com at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OF PAYMENT. However if you wish to permanently remove your WebPages from Shradhanjali.com, simply pursue the "Delete Shradhanjali" via your client admin. This action will Delete your WebPages from Shradhanjali.com and the public and no one will have access to your Memorial WebPages or to any links on your Memorial WebPages. Please note that deletion of your memorial WebPages will be permanent and cannot be reversed. The removal/deletion of your WebPages includes deletion of your memorial site's links, pages, text, images, multimedia, tracking reports and any other content uploaded/posted by the visitors to your WebPages.

Shradhanjali.com reserves the right to terminate your account for any or no reason.

Features & Functionality

Part of the Shradhanjali.com memorial site features enable the invited and uninvited visitors to your WebPages to post condolence messages and upload images on your WebPages. However, uninvited guests will also be able to post condolence messages using the form provided on your WebPages.

It is solely your responsibility to monitor the content of your WebPages and you expressly agree to NOT hold Shradhanjali.com responsible in any manner for any content on your WebPages or for any damages, monetary or otherwise, caused as a result of the use of the features of your WebPages. You are also solely responsible for managing the privacy settings and settings for the community type sharing of text, images and multimedia. By default all the posts and uploads of images will not post on your WebPages and you can change these privacy and approval settings via your client admin and dashboard by clicking the links "View Condolence Message"

Each customer will have the option to Disapprove Condolence Messages any or all of the above and/or delete it permanently and not show it on the memorial WebPages. All deletions by the customer will remain permanent and cannot be reversed.

BY USING THE FUNCTIONALITY AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM (Example: Your name, messages and Contact Information will appear on the pages of your WebPages.)

Be advised that all information disclosed by you will be available for view by others. In addition, photos or images that you choose to post/upload must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated to, review this content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.

The Use of Client Admin Area including the Control Panel and Dashboard

You agree to use the features and functionality of the client admin area solely for the reason of broadcasting death notices and/or creating memorial website(s). You agree to ONLY use the services and functionality for personal reasons and will not use it for any commercial purposes. You agree to NOT reverse engineer any function, features and/or methodology used in creating death notices, broadcasting messages and creating memorial WebPages.

BY USING THE FUNCTIONALITY AND ALL RELATED FEATURES PERTAINING TO VISITOR INTERACTION AND USE OF THE MEMORIAL WEBPAGES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION POSTED BY THE INVITED AND UNINVITED VISITORS TO A PUBLIC FORUM.

Shradhanjali.com reserves the right to modify the features at any time without notice.

Account Access; Identity Protection

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Shradhanjali.com website.

If you find that you're a victim of identity theft and it involves a Shradhanjali.com account, you should notify customer service using the Contact Us page on the Shradhanjali.com website. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Shradhanjali.com reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Shradhanjali.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of Shradhanjali.com or by the current processes of Shradhanjali.com.

Disclaimers of Warranties and Limitations on Liability

THE Shradhanjali.com SERVICE, INCLUDING ALL FEATURES, AND FUNCTIONALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Shradhanjali.com SERVICE, THE WEBSITE AND ITS CONTENTS. Shradhanjali.com DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Shradhanjali.com SERVICE, INCLUDING MEMORIAL WEBPAGES CREATION AND DEATH MESSAGE BROADCAST AND ANY OR ALL FEATURES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Shradhanjali.com MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Shradhanjali.com SERVICE, INCLUDING OUR VISITOR INTERACTION FEATURES AS STATED ABOVE OR ANY OTHER ASPECTS OF THE Shradhanjali.com SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, we assume no liability or responsibility for any of the following:

  1. Content contained on or defects with Memorial WebPages from the Shradhanjali.com service;

  2. Errors or omissions in the content delivered by the Shradhanjali.com service or on the Shradhanjali.com website;

  3. Recommendations or advice of Customer Service;

  4. Any failures, delays, or interruptions in the service;

  5. Any failure or interruption in the availability of the Shradhanjali.com service and/or website, including availability of our Broadcast Features and functionality;

  6. Delivery of any content contained on the Shradhanjali.com website or through the Shradhanjali.com service, ; and

  7. Any losses or damages arising from the use of the content provided on the Shradhanjali.com website or the Shradhanjali.com service itself, including any losses or damages arising from viewing the memorial WebPages and/or downloading of reports, printouts of pages, articles or use of any other software used on the website, or any conduct by users of the Shradhanjali.com service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR AFFILIATED MERCHANTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on any or all of the pages of the website from the Shradhanjali.com service or the accuracy of any article and related content contained on our website. We do not represent or guarantee that your use of the Shradhanjali.com service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Shradhanjali.com or its affiliated parties.


In no event shall Shradhanjali.com, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Shradhanjali.com website, its contents or the Shradhanjali.com service, including any content, multimedia, features or functionalities associated therewith. 

Functionality Compatibility

Shradhanjali.com MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING Shradhanjali.com's availability and readability on all browsers and or computers used to access the website.

Intellectual Property & Copyright


All content included on the Shradhanjali.com website and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Shradhanjali.com, or its suppliers and is protected by India and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property, unless stated otherwise, of Shradhanjali.com, and protected by India and international copyright laws. Content shall not be reproduced or used without express written permission from Shradhanjali.com, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the Shradhanjali.com Client Admin, Control Panel, Dashboard, and any or all features) or other products or processes accessible through the Shradhanjali.com website, not to insert any code or product or manipulate the content of the Shradhanjali.com website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Shradhanjali.com reserves the right to terminate your membership hereunder if Shradhanjali.com, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of content provided to you by us, the unauthorized use of our client admin and memorial site creation and tracking and broadcasting feature, the Shradhanjali.com site creation Software or the copying or other unauthorized use of our proprietary content. Shradhanjali.com does not promote, foster or condone the copying of content, text, images, videos or any other infringing activity. The use of the Shradhanjali.com service, including content provided to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Shradhanjali.com website. 

Trademarks

Shradhanjali.com has a trademark pending for the Logo, use of name and intended services. 

Website Content

We reserve the right to display and promote the information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the Shradhanjali.com website allows you and other third parties to post messages or comments concerning the articles and memorial WebPages created by you and published by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Shradhanjali.com website are those of the respective authors or producers and not of Shradhanjali.com, or its shareholders, directors, officers, agents or employees. Under no circumstances shall Shradhanjali.com, or its shareholders, directors, officers, Agents or employees be held liable for any loss or damage caused by your reliance on information obtained through the Shradhanjali.com website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Shradhanjali.com website. 

Use of Information Submitted

Shradhanjali.com, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Shradhanjali.com ("Content"), including, without limitation, responses to questionnaires or through postings to the Shradhanjali.com website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Shradhanjali.com website or other websites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires and articles, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Shradhanjali.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Shradhanjali.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Shradhanjali.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. 

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions, features, availability, testing, security aspects and pricing, and we reserve the right to include you in or exclude you from these tests without notice. 

Electronic Communications

By using the Shradhanjali.com service, you and all of your associates (all mentioned by you in the email and sms alert list) consent to receiving electronic communications from Shradhanjali.com. These communications will include notices about your account (e.g., renewals, suspensions and other transactional information) and information concerning or related to our service, such as featured Memorials or other relevant information or offerings. These communications are part of your relationship with Shradhanjali.com and you receive them as part of the Shradhanjali.com membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

Customer Service

If you need assistance with your account, you may find answers and reach Customer Support at any time using the Contact Us page on the Shradhanjali.com website, where you will also find the answers of many frequently asked questions and information.

In certain instances, our Support team may be able to assist you better by log in into your account and by contacting our Support team you expressly grant permission to the Support team and Shradhanjali.com employees and/or contractors to login into your account to serve you in the best way possible and you agree to NOT hold the Support team and Shradhanjali.com and its employees and/or contracted employees responsible for any errors or damages to any page and/or link on your Memorial site resulting from Support teams actions. 

Your Conduct on the Shradhanjali.com Website

By accessing the Shradhanjali.com website, you agree to use the Shradhanjali.com service, including all content, multimedia and features associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Shradhanjali.com website. You also agree not to interfere with the servers or networks connected to the Shradhanjali.com website or to violate any of the procedures, policies or regulations of networks connected to the Shradhanjali.com website. You also agree not to impersonate any other person while using the Shradhanjali.com website, conduct yourself in a vulgar or offensive manner while using our service, or use the Shradhanjali.com website for any unlawful purpose. 

Limitations on Use

You must be 18 years of age or older to become a member of the Shradhanjali.com service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian.

The consent of a parent, guardian or educational supervisor shall be required before a Minor can use the Site. Use of any part of the Site is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Site. A parent, guardian or educational supervisor will be responsible for any activities of a Minor on the Site regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Site.

As a visitor and user of the website and its services, including but not limited to the content, images, text, videos, you are granted a limited license to use the services for personal and non-commercial use only. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Shradhanjali.com website without our express written consent. Shradhanjali.com does not promote, foster or condone the copying of videos, images and any digitally delivered content, or any other infringing activity. Any unauthorized use of the Shradhanjali.com website or its contents will terminate the limited license granted by us. 

Third Party Software

If you elect to download or access any third party software that Shradhanjali.com makes available in connection with the Site, you understand that you may have to agree to that third party provider’s terms of use or license before you use such software. You also agree that the use of any third party software or content obtained in connection with the services provided on the Site does not transfer to you any rights, title or interest in or to such software or content, and you agree that you will not use any such software except as expressly authorized under that third party provider's terms of use or license agreement. By downloading software made available through the Site you are deemed to agree to the third party provider’s terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party’s terms of use or license agreement, do not download its software. 

Right to Terminate

Shradhanjali.com reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. 

Links

Some of the hyperlinks on the Shradhanjali.com website may lead to other websites that are not controlled by, or may not be affiliated with, Shradhanjali.com In addition; other websites may link to the Shradhanjali.com website. Shradhanjali.com has not reviewed these websites and is not responsible for the content or privacy policies of these websites. 

Claims of Copyright Infringement

It is the policy of Shradhanjali.com to respect the intellectual property rights of others. Shradhanjali.com does not promote, foster or condone the copying of text, images, videos or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Shradhanjali.com website, or know of someone who is making unauthorized use of the content of the Shradhanjali.com website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;

  2. Identification of the copyrighted work claimed to have been infringed;

  3. Identification of the material on the Shradhanjali.com website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  6. A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.


Our copyright notice email address is admin@shradhanjali.com Please note, however, that in order for your notice to us to be effective under the Indian Copyright Act 1957, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address. For queries that are not related to copyright matters, please see other way to contact us.

Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Your counter-notification must include all of the following:

  1. Your physical signature.

  2. Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.

  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

  4. Your name, address, and telephone number and Mobile number.


Please note that under Indian Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Shradhanjali.com shall have the right to terminate the account of any subscriber who posts infringing material.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:

Shradhanjali.com,
106, Capital Market,
22 New Jagnath Plot,
Rajkot – 360 002,
Gujarat,
India. 

Indemnity

You agree to indemnify and hold Shradhanjali.com, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable attorneys’ fees, made by anyone in connection with your use of this Site, with Material or Information you Submit on or through this Site, with any alleged infringement of intellectual property or other right of any person or entity relating to the Site, your violation of these Terms of Use, and any other acts or omissions relating to this Site. 

Disputes; Governing Law

All disputes and differences that may arise between the Parties hereto shall be resolved amicably between the Parties through negotiation, failing which they shall be referred to Arbitration of a sole Arbitrator appointed by the Company and the said Arbitration shall be governed by the Arbitration and Conciliation Act, 1996.

  1. The Company may (but is not obliged to) appoint any of its employee as the Arbitrator for the Arbitration proceeding.

  2. The place of arbitration shall be Rajkot and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made, in Rajkot.

  3. The arbitral procedure shall be conducted in English language and any award or awards shall be rendered in English.


The Agreement shall be governed by and interpreted in accordance with the laws of India.

Jurisdiction for any disputes arising from and related to this contract shall be Rajkot, Gujarat, India to the exclusion of all other courts.

Where the context so permits words importing the singular number only shall include the plural number and vice versa and words importing the masculine gender only shall include the feminine gender and neuter gender and words importing persons shall include corporations.

Use of the Shradhanjali.com service and this Website constitutes acceptance of our Terms of Use and Privacy Policy.