Terms and Conditions
This user Agreement (‘Agreement’) is an electronic record that is generated by computer system and does not require any digital or physical signatures.
This website www.kripalunidhi.org is an interactive platform for providing subscription-based audio/video services that is owned and operated by Radha Govind Prachar Samagri (‘RGPS’).
This electronic document creates a legal binding Agreement between ‘You’ and ‘RGPS’. The detailed terms and conditions are provided below that will govern your use of RGPS services or subscribed services ‘RGPS’. It is mandatory that you read the entire Agreement and ensure you understand it.
The following terms used in this Agreement shall have the meaning as ascribed to them below:
“You”refers to the user, or viewer or subscriber of services or holding a valid account with RGPS.
“RGPS” refers to ‘we’, ‘us’ or ‘our’ – a partnership firm established under the Partnership Act, 1932 and having its address at G12, G14, Plot No 4. CSC, HAF, Sector 10, Dwarka, New Delhi, 110075, which is the owner and operator of this Website.
“Services” means personalized services provided by RGPS and branded as “Kripalu NidhiTM”. These services will permit the user to access and watch Kripalu NidhiTM content, including all features and functionalities, the application, user interfaces and software associated with the Services.
“Payment Method” means a current, valid, and accepted method of payment (such as credit card, debit card, or other methods available including payment through your account with a third party) as may be updated periodically.
“Intellectual Property Rights” means all trademarks, service marks, copyrights, database rights, trade name, brand name, trade secrets, design rights, patents etc.
ACCEPTANCE OF TERMS OF USE
By accessing, browsing and/or using the Services provided therein, You acknowledge that You have read, understood, and agree, to be bound by the terms of this Agreement and also comply with Privacy Policy URL https://kripalunidhi.org/content/privacy-policy and all applicable laws and regulations. To confirm your understanding and acceptance of the Agreement, click “Agree.” IF YOU DO NOT UNDERSTAND THE AGREEMENT, OR DO NOT ACCEPT ANY OR ALL PART OF IT, THEN YOU MAY NOT USE THE SERVICE(S) AND THIS SITE.
WEBSITE CONTENT
All the material on this Site including, audio, video clips, photographs, products, images, artworks, designs, graphics, logos etc., are protected by copyright, trademark and other intellectual property rights that are owned and controlled by Jagadguru Kripalu Parishat and/or its licensors and/or other respective owners.
RESERVE THE RIGHTS
It is essential that You review the Agreement from time-to-time so you are updated with our terms and conditions. RGPS has the sole discretion to revise, modify, and alter this Agreement at any time without prior notice. The changes and alternation will come into effect immediately upon being published or posted on this Site. Your continued usage of our Services, even after the pushing of the changes, alterations, modifications in the instant Terms and Conditions on the Site, shall establish your acceptance of the revised Agreement. RGPS retains the sole right to cancel or suspend all or part of the Services for the users for any reason, including those who RGPS believes have violated any terms or conditions of the Agreement.
DESCRIPTION OF KRIPALU NIDHITM CONTENT
RGPS provides a personalized subscription based Service that permits our registered members to access and view Kripalu NidhiTMcontent (‘Content’ or ‘Contents’) that includes videos, audio, and related products or services streamed over the Internet to certain Internet-connected TVs, computers and other devices.
Our Content will be made accessible to You through various modes, including this Site, Applications inter alia (selected at the sole discretion of RGPS) at video on demand basis for viewing at your discretion at any time by direct streaming and/or to be downloaded for offline viewing. For downloadable Content, it is essential to note the following:
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the downloads are temporary in nature and will expire after a specified period of time. You will not attempt to or actually make a permanent copy of the Content in any manner or form, and
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not every Content offered under the Kripalu NidhiTM Services shall be made available for download for viewing offline. Whether or not a content can be downloaded shall be decided at the sole discretion of RGPS.
COMPATIBILITY SYSTEM
RGPS shall regularly update the list of compatible systems, i.e. hardware and software (latest compatible systems are recommended) to enable your access to our Services are compatible with your system. Below is the current compatible list
This Site works best with, Window OS: 10 or later, Mac OS: 10.14 or later, iPhone: iOS 13.5 or later, Android Phone: Android 10 or later, Google Chrome: 83.0.4, Windows Edge latest, Safari latest version, Firefox latest version
The Kripalu NidhiTMApplication is accessible on:
Android device
IOS device
The Services may be access through mobile phones, tablets and other IP based connected devices provided these devices are in line with our compatible criteria. To access the Services at each instance, You would be required to complete a two-step verification process. This would verify your login authorizations which includes your valid phone number and a one-time password (OTP) or the e-mail verification link which will be sent to you simultaneously. The users subscribing to our services from within India would be required to verify through OTP. Whereas, for other users, e-mail verification would be applicable.
The quality of the Kripalu NidhiTM Content may vary from device to device, and the factors that may interfere with the quality of display / sound may include your location, the bandwidth available through your local provider, speed of the internet connection etc. The fees entailed to access internet connection will be paid by You to the local connection provider in your country. RGPS is not accountable for these transaction(s).
PERSONAL INFORMATION
In general, You can visit our Site without disclosing your identity or personal information, but at times we may ask You to provide your information, for example, to process an order, to correspond, or to provide a subscription based service. Our firm understands the importance of protecting your personal information from intruders; hence, we take steps to ensure it is recorded in a secure manner. To understand more about this process, visit our Privacy Policy at URL: https://kripalunidhi.org/content/privacy-policy
PRIVACY
Your use of our Service is subject to RGPS’s Privacy Policy, which governs our use of your information. It sets out the type of information we collect, the reasons we collect it, the way we use it, and any third parties to which we may pass it on to.
ELIGIBILITY TO USE THE SERVICES
You will be eligible to subscribe to the Services provided that You have attained the age of the majority in your jurisdiction. If You are a minor in your jurisdiction, it is mandatory that You should review this Agreement with your parent or legal guardian and in accordance with applicable law in your jurisdiction which permits a minor to access such Sites and Services. If you are a minor and continue accessing our Services, RGPS will presume that you are availing our Services with the consent of your parent or legal guardian as well as that the Agreement has been reviewed by your parent or legal guardian and they understand and consent to it on your behalf. Further, if you are under the age of majority at the time of accessing/using our Services, your access and usage of the Services will be deemed to be subject to parent’s or legal guardian’s consent and their guidance all the time. In case of minors, this Agreement shall be deemed to be executed between your parent or legal guardian and RGPS and will constitute a legal binding Agreement.
REGISTRATION AND CREATION OF ACCOUNT
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To use our Service, You will be required to create an account which may contain personal information such as, full official name, age, email address, place of residence, and mobile phone number. If You do not provide e-mail address detail during the time of registration then You will not receive any invoices or correspondence through this mode from us. In such case, to view the details of invoices and other correspondence posted by us periodically, You will need to visit your ‘Account’ section under your profile on the Site and/or the Application.
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Your account details and account ID are valuable, and You are responsible for maintaining its confidentiality and security. RGPS will not be held responsible for any losses arising from the unauthorized use of your account ID.
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If you believe that your account has been compromised, you should immediately contact RGPS customer care department at support@kripalunidhi.org. In order to protect You from identity theft or other fraudulent activities, we may terminate your account or place your account on hold.
Any personal data whether provided by you as a part of the Subscription registration process, or collected automatically when you use the Service will be governed by the Privacy Policy accessible at https://kripalunidhi.org/content/privacy-policy
ACTIVATION OF THE ACCOUNT
RGPS will try to process your subscription promptly but does not ensure that your subscription will be activated by any specified time. By submitting your Payment Method details and other details, You are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract would be formed once we have successfully verified your payment details and email address. RGPS reserves the sole right to reject any offer in its discretion, for any or no reason.
SUBSCRIPTION FEE AND TERM
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Your Account will be charged a subscription fee for access of the Services, depending on one or more of the subscription packages as made available by RGPS from time to time and subscribed to by You.
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The subscription packages opted by You will be applicable for a specified period which may be a month, a quarter, six months, one year, or as indicated on the Site, from the date of commencement of your subscription. The Service will remain active for the relevant Subscription term provided it is pursuant to this Agreement.
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You can access/amend the status of your subscription anytime through the Account tab on your profile page.
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In case You wish to re-subscribe to our Services post cancellation, You would need to re-register with us.
PROMOTIONAL PLANS
RGPS in its sole discretion may offer certain special promotional plans. The promotional plans may be subject to different/additional terms & conditional and/or limitations, all of which shall be disclosed to You, either during the subscription process or through other communications made available to You. In any case, detailed information as your RGPS membership and subscriptions shall always be available in the ‘Manage Membership’ section of your Account Settings.
ACCOUNT RENEWAL
Your RGPS membership will automatically renew until You cancel it in the Account Setting. Unless You cancel your subscription 5 days before your billing date, You authorize us to charge the subscription fee for the next billing cycle to your selected Payment Method (see "Cancellation" below). As a general policy, all our subscription fees are non-refundable. Once Your RGPS account ceases, you will lose access to any/all features of RGPS content.
PAYMENT AND BILLING
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The subscription fee will be charged to your selected Payment Method in relation to the subscription plan selected by You at the beginning of the subscription term and/or on each subsequent automatic renewal. The subscription fees specified for each subscription plan are inclusive of applicable taxes.
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RGPS will deduct fee from your chosen Payment Method against the automatically generated bill for each subscription term on monthly, quarterly or annual basis (as the case may be). However, if you change your subscription plan this will affect the date of your billing cycle and also the fee that would be charged to your Account.
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If your Payment Method is no longer available or expires or your chosen Payment Method fails for whatsoever reason, You will be held responsible for the uncollected amount and RGPS shall have the right to terminate/suspend the subscription plan offered to you, until further notice.
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You can update your Payment Methods in the account settings. Following any update, You authorize us to continue to charge the applicable subscription fee from the updated Payment Methods.
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You acknowledge and understand that RGPS only facilities third party gateway for processing all types of payment. The third-party gateway service provider will require financial information including your credit card/debit card or other banking information. RGPS will provide confirmation upon receipt of the payment against your account, it disclaims any/all liabilities in relation to your payment processing by such third-party payment gateway service providers. Even though You will be using such payment gateways to make payments to RGPS, You are responsible to abide by the Agreements terms and conditions and Privacy Policies of such payment gateway service providers.
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It is your responsibility to ensure the accuracy and authenticity of the information provided by You, i.e. bank account number/credit card/ debit card details and any other information requested by the payment gateway service provider during the subscription process. We would further clarify that RGPS does not collect any of your financial information including bank account number, credit card number, OTP send by your bank, password, etc. We will not be responsible for misuse of such information by anyone. You acknowledge and understand that RGPS will not be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential.
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Any queries pertaining to payment processing you may file a written complaint to us directly on support@kripalunidhi.org and the same will be forwarded to the concerned third-party payment gateway provider for redressal.
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Electronic receipt confirming the receipt of your payment would be sent to your e-mail address (if provided by You) or would be visible under your Account tab.
Payment Disputes
In the event of any dispute with respect to payments, You shall be required to send us detailed information and supporting documents which may include invoices, electronic communication data, etc., through email support@kripalunidhi.org. We will send the same to the third-party gateway providers or other related entities. Based on the evidence provided by you and investigation conducted by the third-party gateway providers or other related entities, it will be determined whether You may be eligible for any reimbursement or not.
FREE TRIALS
RGPS may provide certain Content for free, which You can access by visiting the Site. However, to access additional material You may be required to subscribe to our subscription plans.
ACCESS AND USE OF SERVICES
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You may use RGPS Services to view or listen to the Content only for personal and non-commercial purposes.
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Multiple viewing of our content on various screens/ devices simultaneously are not permissible.
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During your RGPS membership period, You are granted a limited, non-exclusive, non-transferable right to access the Service and view Content.
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Except for the foregoing, using our Service:
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does not give You ownership of any aspect of Service and Content;
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does not transfer any right, title or interest to you; and
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does not constitute a grant or waiver of our copyrights.
RESTRICTION ON USE OF SERVICES
You agree to use the Service with all features and functionalities associated therewith, as long as You comply with this Agreement and all applicable laws, rules and regulations, or other restrictions on use of the Service or Content therein. We may terminate or restrict your use of our Service if You violate this Agreement. The following restrictions apply to your use of the Service.
You specifically agree not to:
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access, reproduce, download, archive, create derivative works from, distribute, transmit, broadcast, display, perform, offer for sale, license, alter, modify or otherwise use any part of the Service or any Content and information contained on or obtained from or through the Service, except as expressly authorized by this Agreement;
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circumvent, disable, remove, alter, deactivate, degrade, thwart, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including tamper with or circumvent any security technology included with the Services that protect Content and prevent or restrict copying or other use of Content or limit the use of the Service or Content;
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access the Service using any automated means such as robots, spiders, data gathering, data mining or scraping technology or any similar tool for the extraction or reproduction of any data or Content;
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decompile, or disassemble any products or processes accessible through the Service;
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manipulate or try to manipulate the Content in any way;
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upload, post, host or otherwise transmit any software viruses, malware, adware, worms, Trojan horses, keystroke loggers, spyware or other harmful material, program or code that is harmful or malicious that are designed to interrupt, destroy, limit the functionality or adversely affect the use or operation of any computer software or hardware, telecommunications equipment or other devices of any users associated with the Service; and
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create apps, extensions, or other products and services that use our Content without our permission; or aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to the Site.
CANCELLATION, REFUND, TERMINATION AND SUSPENSION OF SERVICES
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You can cancel your RGPS subscription at any time. If you want to cancel your subscription, you are obligated to notify us within five days prior to your next billing cycle, otherwise it will automatically renewal the subscription. You will continue to have access to the RGPS service only through the end of your billing period.
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Payments already made are non-refundable and we do not provide refunds or credits for any partial membership period or for unwatched Kripalu NidhiTMcontent.
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To cancel, follow the instructions for cancellation in the ‘Manage Membership’ section of your Account Setting.
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Once You cancel your membership, your account will automatically cease at the end of your current billing period.
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You will be able to check when your account will cease in the Account Setting on our Site.
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For account set up with a third party as a Payment Method, You may be able to cancel the membership only through such third party by turning off the auto-renewal, or unsubscribing from the Service, or following the process set by the said third party.
Termination
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RGPS reserves the right to modify, suspend, or discontinue the Service (or any part or Content thereof) at any time with or without notice to You:
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If You fail, or RGPS suspects that You have failed, to comply with any of the provisions of this Agreement
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In order to comply with a legal requirement or a court order
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If RGPS believes there has been conduct on your part or through your account that creates (or could create) liability or harm to any user, other third party, or RGPS
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RGPS will not be liable to You or to any third party should it exercise such rights.
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You will remain liable for all amounts due under your membership up to and including the date of suspension or termination.
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RGPS may also terminate your use of the Services, or your access to all or part of the Service if RGPS believes, in its sole discretion, that provision of the Service to You is no longer commercially viable.
ALTERATION TO THE PRICE AND SUBSCRIPTION PLANS
RGPS may revise the Subscription plans and the price of the Services from time to time and/or across geographies. You agree to pay the fees at the rates applicable at that time and country in which you are when you purchase your subscription.
CHANGES TO THE SERVICES
RGPS may makes changes to improve its Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities or abuse of our systems. These changes may affect all or some users. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on its use. However, You understand and agree that there will be times when we may make such changes without prior-notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
CUSTOMER SUPPORT
If you have any quires or issues kindly email us at support@kripalunidhi.org. We will try to contact you within 48 hours from the time you filed your complaint.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Other than as expressly stated in this Agreement, the Service is provided “as is” for your use, without commitments or warranties of any kind, either express or implied. For example, we do not guarantee, represent, or warrant (a) that your use of the services will be uninterrupted or error-free, or (b) specific features of the service, or its accuracy, reliability, availability, or ability to meet your needs.
You waive all incidental, special, indirect, and consequential damages whatsoever against us. These provisions apply to any claim, regardless of whether the claim asserted is based on warranty, contract, or any other legal theory.
WAIVER AND INDEMNITY
By using our Service, to the extent permitted by law, You agree to indemnify and hold harmless RGPS, its directors, officers, employees, affiliates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to, loss of profits, reputation or goodwill, and any other consequential losses), penalties, costs (including but not limited to professional and legal costs) arising from your use of the Service and/or your violation of any term of this Agreement. This defense and indemnification obligation will survive this Agreement and your use of the Service.
CLASS ACTION WAIVER
RGPS and you agree that all claims arising out of or in connection with this agreement pursued against each other will be on an individual basis. To that end, RGPS and you waive the right to become a party to any purported class or representative proceeding.
To the extent permitted by law to proceed with a class or representative action against the other, RGPS and you agree that (a) prevailing party shall not recover attorney’s fees or costs associated with pursuing the class or representative action (notwithstanding any other provision in this agreement); and (b) the party who initiates or participates as a member of the class will not submit a claim in any recovery secured through the class or representative action.
OTHER PROVISIONS
Entire Agreement
This Agreement constitutes the entire agreement between You and RGPS with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and RGPS with respect to our Service.
Severance
If any part of this Agreement is determined to be invalid, illegal or unenforceable pursuant to applicable law, then the validity, legality and enforceability of the remainder of the Agreement shall remain in full force and effect.
No Waiver
RGPS not taking immediate action on your failure to comply with any terms of this Agreement, does not mean that RGPS is giving up any rights that it may have under this Agreement or RGPSs right to take action in the future.
Unsolicited Material
RGPS does not want to receive confidential or proprietary information, unsolicited material or ideas from You. You agree that any such information or material sent to RGPS will be deemed NOT to be confidential. You also agree that RGPS is free to use any ideas, concepts, know-how, graphics, and techniques, and RGPS is not responsible for the similarity of any of the above referred material or ideas received from You, to RGPS Content.
Act of God
You agree that RGPS will not be held liable whatsoever to You in the event of non-availability of the Service or any portion thereof occasioned by any Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, sever failures, failure of any public utility, terrorist attack, network maintenance, Service maintenance, server maintenance, or any other cause whatsoever beyond the control of RGPS.
Interpretation
The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. The word “include”, “includes”, “including”, “including but not limited to” used in this Agreement is for illustrative purposes. The term “or” is not exclusive. The term “Agreement” referred to herein means such agreement as amended or modified from time to time. References to You are also to your successors, unless otherwise specifically indicated.
Governing Law
All disputes arising out of or relating to this Agreement and the relationship between You and RGPS, and all transactions on the Service(s) shall be governed by and construed in accordance with the laws of India and the courts in Delhi shall have the exclusive jurisdiction to decide any claim or dispute arising hereof between the parties.