Terms and Conditions

1. Definitions:

a. Company : refers to Online Homam.com Private Limited having their office at #40, Shenoy Nagar West,.

b. Client : refers to any person who has opted to avail Service/s as defined below from the Company through the Platform as defined below and has made the payment of Service Fee to the Company.

c. Client Place: refers to the place from where the Client chooses to receive the Service/s.

d. Expert : refers to such persons engaged by the Company for rendering the Service/s opted by the Client.

e. Homam Performed in Person: also referred as HIP, refers to a method of rendering the Service/s by the Expert where the Expert visits the Client Place to perform the Service/s in person and the Client joins the Expert in person during the performance of the Service/s and follows the steps and instructions provided by the Expert as a part of the Service/s rendered, in person

f. Homam Performed with Client: also referred as HWC, refers to a method of rendering Service/s by the Expert where the Expert does not visit the Client Place but performs the Service/s from an outside location identified by the Company and renders the Service/s through Skype or any application providing video chat and voice call services and the Client joins the Expert during the performance of the Service/s through such application and shall follow the steps and instructions provided by the Expert as a part of the Service/s rendered, through such application.

g. Homam Performed without Client: also referred as HWOC refers to a method of rendering Service/s by Expert from an outside location identified by the Company in the absence of the Client and the Client does not join the Expert during the performance of the Service/s either in person or through any application.

h. Platform: refers to the website www.onlinehomam.com and/or the mobile application _________.

i. Service/s : refers to the list of Homam and other Pooja Services offered by the Company and more clearly mentioned in the List of Services offered page provided in the Platform.

j. Service Fee: refers to the consideration payable by the Client to the Company based on the Service/s opted and method of rendering Services chosen by the Client more clearly mentioned under each Service/s listed in the Platform.

2. The Client hereby represents, warrants and covenants as under:

a)  that there is no disability, restriction, or prohibition, whether legal, regulatory, quasi-judicial contractual, or otherwise, which shall restrict the Client  from availing the Service/s and performing obligations as required for availing such Service/s.

3. The Client understands and agrees that the Company is only a facilitator of the Service/s and the actual Service/s is rendered by the Expert. The Expert is not a representative, agent, employee of the Company. The Company has engaged the Expert for rendering the Service/s based on information and data collected from various publicly known sources, viz; websites, documents, proprietary data sources, inputs from unidentified individuals with respect to the capability of the Experts to perform Service/s as per normal and accepted traditional standards.

4. The Client understands that the Company shall be entitled to use the data provided by the Client for the purpose of facilitating the Services to be rendered and for any future communication with the Client.   

5. The Client understands and accepts that there are bound to be small variations in the standards followed in rendering the Service/s from one person to another and the standards followed by the Expert shall be as per generally accepted standards. The Company does not take responsibility to the standards adopted by the Expert to render the Service/s.

6. The Client is expected to have all doubts regarding the choice of Service/s, method of  rendering Service/s clarified with the Company before opting to avail the Service/s and making the payments of Service Fee therefor. By making the payment of Service Fee, it is deemed that Client is satisfied about the Service/s and method of Services.

7. The Client understands that the Service Fee shall vary based on the Service/s opted for and the method of rendering the Services. In certain instances, the Service Fee shall also be dependent on the number of Experts that the Client opts for rendering the Service/s that the Client wishes to avail.

8.  The Company shall require a minimum of three days prior notice from the date of realization of Service Fee for facilitating the Services. The Client is not entitled to change the date and time of Service/s opted at the time of making the Service Fee payment.  The Company may in certain exceptional circumstances (without actually being obliged to do so) accept the request to change the date and/or time of Service/s opted provided such request is made at least four days prior to the date of Service/s originally opted for by the Client. In no circumstances, refund of Service Fee shall be made on account of such change. Refund of Service Fee shall be only as per what is provided in clause 10 below. In case of any cancellations the refund id provided as per the clause 11 below.

9. The Company shall not be liable for any failure to render Service/s or for failure to render the Service/s as per the method of rendering Service opted on account any technological failures or due to some fault in the service provider of the Application or on account of any Force Majeure Event. For the purpose of this clause, Force Majeure Event shall refer to any circumstances beyond the control of the Company including fire, flood, epidemic, earthquake, explosion, accident, riot, war (declared or undeclared), acts of terrorism or mass crime (whether domestic or foreign, whether or not politically motivated, and whether or not directed at Company, or the Expert), blockade, embargo, act of public enemy, civil disturbance, labor dispute, strike, inability to secure necessary power, equipment, adequate transportation or transmission facilities required,  death, any applicable law or any Act of God.

10. Refund of Service Fee:   The Company shall refund the Service Fee paid by the Client in case

a) The Company is not able to perform the Service/s on account of Force Majeure Event or on account of any reasons mentioned in clause 9 above after deducting 25% of the Service Fee paid by the Client.      

b) If the Client has opted for a particular method of rendering the Service/s and the Company is unable to render the Service/s under such method of Service/s on account of reasons mentioned in clause 10 above, it shall be the endeavour of the Company to provide the Service/s under alternate methods of Service. For eg; if the Client has opted to avail the Service/s under HWC method and there is a technological failure to access Application or on account of Force Majeure Event then if it is possible for the Company to render the Service under HWOC, then the Service/s shall be rendered in such possible alternate method of rendering Service unless there is an express instruction from the Client not to modify the method of rendering the Service/s. Where the Company has exercised its discretion to change the method of rendering Service/s without having received the instructions of the Client, then the Company shall refund the difference in the Service Fee applicable for the actual method in which the Service/s were rendered and the Service Fee actually paid by the Client.

11. Refund of Service Fee for Cancellations:   The Company shall refund the Service Fee paid by the Client as per following terms of cancellation policy

a) In case of client cancellation up to 3 days before the day of service, 90% of the amount will be refunded. The same will be transferred in 2-3 working days.

b) In case of client does the cancellation 2 days before the day of service, 80% of the amount will be refunded. The refund will be transferred in 2-3 working days.

c) In case of client does the cancellation 1 day before the day of service, 60% of the amount will be refunded. The refund will be transferred in 2-3 working days.

d) In case of client does the cancellation on the day of the service upto 3 hours prior, 30% of the amount will be refunded. The refund will be reflected in 2-3 working days.

12. All logos, brands, trademarks and service marks ("Marks") appearing in the Platform are the properties either owned or used under license by the Company. All rights accruing from the same, statutory or otherwise, wholly vest with the Company. The access provided to the Client for using the Platform does not confer upon the Client any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

 

13. All information and services provided by the company through the website are provided "as is" and "as available" without warranty of any kind, either expressed or implied. The Company does not warrant that the Service/s offered are free of errors or mistakes. The Company does not warrant or represent that defects or limitations in the Service/s will be corrected. Nor does the Company warrant or represent that the Service/s shall be available continuously. Certain extenuating circumstances may cause the Service/s to be interrupted. The Company provides no remedies for such service interruptions. In addition, Company provides no remedies for any loss of data resulting from use of the Service/s. Further the company shall have no responsibility for any damage of any kind (consequential, direct, incidental, hardware, software or any other) due to access, download or usage of contents from the platform/website. The content of the platform/website could include inaccuracies or typographical errors. Content is frequently updated with reference to improvements and corrections without notice.

 

14. The Client understands that the Company is entitled to carry third party advertisements in the Platform/ Website at the discretion of the Company. The Company shall absolutely have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of the advertiser to sell or service as advertised or the ability or the interest of prospective buyers. The Company neither controls nor undertakes due fulfillment of the obligations of the Advertisers and the prospective buyers and cannot be held responsible for any breach on their part. The Client is required to carry out appropriate due diligence before getting into any transaction. The Company does not guarantee the accuracy or legitimacy of any listing, leads, posting, information by the advertisers and the Company shall not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of the Client’s transaction in or through the Platform. The Company reserves the right to remove all or any part of the advertisement and any posts connected thereto from the Platform at anytime without prior notice.

 

15. The Client specifically confirms that : 

a) There is no objection to receiving emails, messages (SMS or any other mode) calls from the Company, service partners and business associates. This consent shall supersede any preferences set by the Client with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).

b) In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signature. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Platform.

c) By impliedly or expressly accepting these Terms and Conditions, the Client accepts and agrees to be bound by the terms and conditions herein and at all times be subject to the rules, guidelines, policies, terms, and conditions applicable for availing the Services. 

d) The Company has the sole right to modify any of the Terms and conditions without prior permission from the Client. The relationship creates an obligation on the Client to periodically check these Terms and stay updated on its requirements.

e) The Company reserves the right to withdraw wholly or partly, without assigning any reason, any of Service/s offered with or without any notice.

f) Governing Law: The Laws prevailing in India from time to time shall be the governing laws in all matters relating to these Terms.

g) Jurisdiction:  The Courts at Chennai, India alone shall have the exclusive jurisdiction in all matters relating to these Terms and Conditions and the use of Service/s, irrespective of the territory and jurisdiction of your access to the Platform.