TERMS AND CONDITIONS
Introduction
1.1 Acceptance.
By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the Incorporated Terms identified below (collectively, the “Terms”). If you do not agree to the Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
1.2 Scope.
These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own terms of service.
1.3 Incorporated Terms.
The following policies, guidelines, and agreements (“Incorporated Terms”) are hereby incorporated into, and form an integral part of, the Terms to which you are agreeing to be bound:Privacy PolicyAcceptable Use PolicyAPI TermsFees and Billing TermsInfringing Materials ProtocolJurisdiction-Specific TermsMerchant-Client TermsMobile App TermsStore Terms
1.4 Contracting Entity.
“bala ji ratan & rudraksh kendra” means the bala ji ratan & rudraksh kendra entity with which you are entering into these Terms. If you have previously entered into an agreement with a bala ji ratan & rudraksh kendra entity, then “bala ji ratan & rudraksh kendra” means that entity. If you have not previously entered into an agreement with a bala ji ratan & rudraksh kendra entity, then “bala ji ratan & rudraksh kendra” means the entity identified in the following table:Country of Residence of Merchantbala ji ratan & rudraksh kendra EntityGoverning LawUnited Statesbala ji ratan & rudraksh kendra, Inc., a Texascorporation in the United StatesNew YorkUnited Kingdombala ji ratan & rudraksh kendra UK Ltd., aUnited Kingdom limited companyEngland and WalesEuropean Unionbala ji ratan & rudraksh kendra Software Ireland Ltd.,an Irish limited companyIrelandAustraliabala ji ratan & rudraksh kendra Pty. Ltd., an Australia proprietary limited companyNew South Wales, AustraliaAny other jurisdictionbala ji ratan & rudraksh kendra Pty. Ltd., an Australiaproprietary limited companyNew York
1.5Certain Definitions.
a.“Order Form” or “Order” means one or more bala ji ratan & rudraksh kendra order forms executed by the parties for the purchase of Services and that reference these Terms.
b.“Services” means all bala ji ratan & rudraksh kendra products, services, and materials located on or accessible through the Website or otherwise described in an Order.“
c.Third-Party Products” means any third-party information, website, product, service, or materials referenced in, accessible through, or provided in connection with, the Website or Services.
d.“Website” means the bala ji ratan & rudraksh kendra website located at www.bala ji ratan & rudraksh kendra.com (including all associated internet country codes), together with all bala ji ratan & rudraksh kendra websites and webpages accessible there, and the Account control panel.
2.Eligibility.
2.1 Minimum Age. The Services and Website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Services and Website are not intended to be used by individuals under the age of 18. If you do not qualify, please do not use the Services or access the Website.
2.2 Registration. In order to use the Services, you must establish a Services account (“Account”) by registering with bala ji ratan & rudraksh kendra. You may be required to submit a valid means of payment for which you are authorized to purchase Services. You will provide true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide bala ji ratan & rudraksh kendra with a user name and password for your Account (together “Account Credentials”). bala ji ratan & rudraksh kendra reserves the right to refuse registration of, or cancel, accounts that violate these Terms or bala ji ratan & rudraksh kendra’s Acceptable Use Policy.
3. Security.
3.1 Generally. You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account Credentials and all actions taken in association therewith. You will not share your Account Credentials with any third party.
3.2 Payment Cards. bala ji ratan & rudraksh kendra is responsible for the security of credit cardholder data to the extent that bala ji ratan & rudraksh kendra has control of that data. To that end, bala ji ratan & rudraksh kendra undertakes regular assessments consistent with the applicable Payment Card Industry Data Security Standards (“PCI”). You represent and warrant that you will determine the PCI merchant requirements applicable to you and your use of the Services.
3.3 Checkout Environment; PCI. bala ji ratan & rudraksh kendra will provide a secure environment (including appropriate technical, physical and organizational security measures and safeguards) for customer data stored and processed via the standard bala ji ratan & rudraksh kendra checkout (“Customer Data”) in order to protect Customer Data from unauthorized access and use. bala ji ratan & rudraksh kendra’s secure environment is certified under the Payment Card Industry Data Security Standard. bala ji ratan & rudraksh kendra will maintain PCI certification for the designated portions of the Services that you use to store and process credit card data, subject to the following (each a “PCI Compliance Condition”): (i) you comply with bala ji ratan & rudraksh kendra documentation and in-product notifications, and (ii) you use a bala ji ratan & rudraksh kendra checkout environment that has not been modified except through the bala ji ratan & rudraksh kendra control panel. To the extent permitted by applicable law, bala ji ratan & rudraksh kendra excludes and disclaims any liability related to the unauthorized use of Customer Data, including liability due to PCI noncompliance, in the event any PCI Compliance Condition is not satisfied. For example, you will be solely liable for PCI compliance with respect to modifications to the checkout environment, including modifications via apps or a developer, modifications of bala ji ratan & rudraksh kendra's distributed open source checkout code in any manner that could result in or contribute to PCI noncompliance, use of a checkout environment not provided by bala ji ratan & rudraksh kendra, or use of a payment provider for which bala ji ratan & rudraksh kendra does not provide an integration.
4.Use Restrictions.
This is an agreement for Services, and you are not granted a license to any software by these Terms. Except as permitted and non-excludable under applicable law, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
5.Intellectual Property.
5.1 User Content
a.License. We do not claim any intellectual property rights over the content you provide to bala ji ratan & rudraksh kendra. All of your content remains yours. When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral (where permitted), database, and/or other intellectual property rights (collectively, "IP Rights") you have in that content or associated with your store in connection with our provision of the Services, in any media known now or developed in the future.
b.Representations and Warranties. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any IP Rights of any third party. To the extent permitted by applicable law, bala ji ratan & rudraksh kendra takes no responsibility and assumes no liability for any content provided by you or any third party.
5.2 Bala ji ratan & rudraksh kendra Content.
a.Restrictions. All rights not expressly granted by bala ji ratan & rudraksh kendra to you in these Terms are hereby reserved by bala ji ratan & rudraksh kendra. There are no implied rights save to the extent rights cannot be excluded by applicable law. You may not use, imitate, or copy, in whole or in part, any bala ji ratan & rudraksh kendra trademark, service mark, trade dress, logo, or other branding (collectively, “Marks”) without, in each instance, bala ji ratan & rudraksh kendra’s prior written consent, in bala ji ratan & rudraksh kendra’s discretion. All permitted use of bala ji ratan & rudraksh kendra’s Marks will inure to the benefit of bala ji ratan & rudraksh kendra.
b.Ownership. As between the parties, the Website and Services, including, without limitation, any and all APIs, Software, documentation, images, video, content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all IP Rights associated with any of these materials (collectively, "bala ji ratan & rudraksh kendra IP") are owned by bala ji ratan & rudraksh kendra and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the bala ji ratan & rudraksh kendra IP other than the right to use the Services, in compliance with the Terms, during the applicable subscription period.
c.Feedback. You may provide bala ji ratan & rudraksh kendra with ideas, opinions, recommendations, feedback, or advice in connection with your use of the Services (collectively, "Feedback"). If you submit Feedback to bala ji ratan & rudraksh kendra, you hereby grant bala ji ratan & rudraksh kendra an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and (b) use, and permit others to use, Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that bala ji ratan & rudraksh kendra deems appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into any technology, product or service).Indemnification.
6.Indemnification.
6.1 You will defend, indemnify, and hold bala ji ratan & rudraksh kendra and its suppliers and affiliates, and the respective directors, officers, employees and agents of each, harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms, the User Content, or use by you or any third party (authorized, permitted or enabled by you) of the Services, except to the extent the foregoing directly result from bala ji ratan & rudraksh kendra’s own gross negligence or willful misconduct. bala ji ratan & rudraksh kendra reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This Indemnification Section will survive any termination or expiration or these Terms.
7.Discussion Areas.
7.1 No Warranty. bala ji ratan & rudraksh kendra makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available through or in connection with the Services (collectively, "Discussion Areas") or with respect to any information or materials contained in the Discussion Areas. Your use of, or reliance upon, any such information or materials is at your sole risk.
7.2 Your Postings. All information, content, or materials you post to a Discussion Area must comply with the Acceptable Use Policy. bala ji ratan & rudraksh kendra will have no obligation to monitor the Discussion Areas, but may do so at its discretion and may delete, move, or edit any information or materials in the Discussion Areas.
8.Arbitration Agreement, Class Action Waiver and Mediation.Purpose.
8.1 Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) facilitates the prompt and efficient resolution of any disputes that may arise between you and bala ji ratan & rudraksh kendra. For the purpose of this Arbitration Agreement, “bala ji ratan & rudraksh kendra” means bala ji ratan & rudraksh kendra, Inc., a Texas corporation, and each of its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. This Arbitration Agreement applies to these Terms and any other agreement you may have with bala ji ratan & rudraksh kendra.Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.Please read this Arbitration Agreement carefully. It provides that all disputes between you and bala ji ratan & rudraksh kendra will be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).The term “Dispute” means any dispute, claim, or controversy between you and bala ji ratan & rudraksh kendra regarding any aspect of your relationship with bala ji ratan & rudraksh kendra, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.Pre-Arbitration Dispute Resolution. For all Disputes you must first give bala ji ratan & rudraksh kendra an opportunity to resolve the Dispute. You must commence this process by mailing written notification to:Legal Departmentbala ji ratan & rudraksh kendra, Inc.11305 Four Points DriveBuilding II, Third FloorAustin, TX 78726That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If bala ji ratan & rudraksh kendra does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.Arbitration Procedures. If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or bala ji ratan & rudraksh kendra may initiate arbitration proceedings.