Welcome to the Website (the "Site") of Divine Connection Foundation (DCF). This website is owned, managed and operated by DIVINE CONNECTION FOUNDATION, a Non-profit company incorporated under section 8 of the Companies Act, 2013.
Please read the following Terms and Conditions of Use ("Terms") carefully before using the Site. It governs your relationship with DCF regarding your use of the Site.
Any person who accesses and/or use the Platform in any manner (referred as ”you”, “your”), shall be subject to these terms and conditions for use and be bound by the policies formulated by DCF.
These terms and conditions for use, the policies as list below, and such other policies or terms as may be prescribed by DCF (“Terms”), together constitute a legally binding agreement between the You and DCF, in connection with the access to or use of the Platform. You are requested to read these Terms carefully before accessing or using the Platform.
DCF may update/modify/amend these Terms (including any portion of it) at any time, with or without any advance notice.
Using the Services or accessing the Platform constitutes your consent to the Terms. By using the Platform, you signify your acceptance of these Terms and agrees to be legally bound by them. If at any time, you do not agree or wish to be bound by these Terms, you may not access or use the Platform. These Terms supersede all previous terms and conditions communicated to you by DCF, for the use of the Platform and all rights and liabilities of DCF with respect to any Services to be provided will be limited to the scope of these Terms.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Website provides general information regarding the Foundation and its activities. DCF urges you not to assume that information on a particular topic on the site is complete or up-to-date.
Privacy and Your Account
Limitations of Use
You must be at least eighteen (18) years of age to use this site unless under the supervision of a parent or guardian. If you are not 18, you should not be accessing any area of this site for any reason.
DCF gives you limited personal permission to use the Website. Your permission to use the Web site is limited in a number of ways. For example, you may only download or print material contained on this Site for non-profit purposes. Any commercial use, such as selling content, creating commercial links, or posting information on another Website is prohibited.
You may not:
Frame all or part of the Website.
Change or delete any proprietary notices from materials downloaded or printed out from the Website.
Systemically download or print materials from the Website.
Transmit or provide any data from the Website to a third party.
Use the Web site in a manner contrary to any applicable law in India and abroad.
Your permission terminates immediately, without any further action by Divine Connection Foundation, if you breach any of these Terms.
You may not transfer or assign your permission to any other party.
Divine Connection Foundation is the owner or licensee of all rights in the Website, its content, software, and services. You have no right to such content, software or services if not expressly granted in this Agreement.
“Divine Connection Foundation" and the logos or other proprietary marks of Divine Connection Foundation’s licensors and partners are trademarks of Divine Connection Foundation or its licensors and partners. No right, title or interest in those trademarks is granted to you in this Agreement.
The Site is Provided "As Is"
Services provided through and information contained on the site are provided as is and as available. Divine Connection Foundation makes no, and hereby disclaims any, warranty of any kind, express or implied, including but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular use or purpose. Further, Divine Connection Foundation disclaims any warranty that the site will be available at all times or will operate without interruption or error. Divine Connection Foundation makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the services or information provided through the site.
The website and products/services contained thereon are not substitutes for the advice and treatment of a licensed health care professional. Not all products and services are suited for everyone. The creators of any products/services do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice, because of the information offered or provided within or through the website.
You alone are responsible for your use of the site.
You agree to be solely responsible for your use of this Website.
Divine Connection Foundation, its officers, directors, employees, agents, and information providers shall not be liable for any damages you may suffer or cause through your use of the site, even if advised of the possibility of such damages.
Divine Connection Foundation, its officers, directors, employees, agents, and information providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the site.
These limitations shall apply whether the asserted liability or damages are based in contract (including, but not limited to, breach of warranty), tort (including, but not limited to, negligence) or any other legal or equitable grounds.
You agree to indemnify and hold Divine Connection Foundation harmless for any claims, losses or damages, including attorney’s fees, resulting from your breach of these terms or use of this Website.
Divine Connection Foundation is not responsible for any links to or from other sites.
This Website may contain links to other Websites, and other Websites may provide links to this Site. These links are provided for your convenience only. Divine Connection Foundation does not control these other sites and assumes no liability or responsibility for them, including any content or services provided to you by such sites. You should not consider any link to or from another site as an endorsement of that site by Divine Connection Foundation unless Divine Connection Foundation expressly states so.
In addition to these Terms, you may be required to comply with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that DCF shall not be held liable for any transaction between the User and any such third parties.
You Agree that Divine Connection Foundation may share certain information about you. You agree that, should you elect to supply it, Divine Connection Foundation may use your name, email address, physical address, telephone or other data to communicate with you either by itself or through any of its designates. You may request to have this information modified or deleted from our records. Divine Connection Foundation Site may use this information as necessary to enforce these Terms. Divine Connection Foundation will not sell this information to any other party.
These Terms are severable to the extent any term is deemed invalid, illegal or unenforceable. Divine Connection Foundation 's failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision of these Terms.
Your use and continued use of the Divine Connection Foundation 's Site reflects your agreement to these Terms and any modifications of these Terms made by Divine Connection Foundation.
USER WARRANTIES AND RESTRICTIONS
2.1 You may use the Platform for reasonable and lawful purposes only, and shall not indulge in any activity that isunlawful or harmful to the Platform or its content. You are provided with a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms.
2.2 You will not:
2.2.1 Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the you do not own or have express permission to modify;
2.2.2 Decompile, reverse engineer, or disassemble the content;
2.2.3 Use the Services in any way that is unlawful, or harms DCF or any other person or entity, as determined in DCF’s sole discretion;
2.2.4 Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
2.2.5 Make false or malicious statements against the Services, the Platform or DCF;
2.2.6 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform and/or the Services;
2.2.7 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet; or
2.2.8 Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.
2.3 Do not host, display, upload, modify, publish, transmit, update or share on or through the Platform, any information that:
2.3.1 belongs to another person and to which they do not have any right;
2.3.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful inany manner whatsoever;
2.3.3 harms minors in any way;
2.3.4 infringes any patent, trademark, copyright or other proprietary rights;
2.3.5 violates any law for the time being in force;
2.3.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
2.3.7 impersonates or defames another person; or
2.3.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
2.4 You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to their account. You are requested to safeguard your password and your account and make sure that others do not have access to it. It is the you responsibility to keep your Account Information current and accurate. You agree to: (a) immediately notify DCF of any unauthorized use of the account or any other security breach; and (b) ensure that they exit from their account at the end of each session. DCF will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to DCF or any other user due to unauthorized use of your account, resulting from the failure to keep your Account Information secure and confidential.
2.5 You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Platform.
2.6 You represent and warrant to DCF that: (a) you are 18 (eighteen) years of age or older; (b) your use of the Platform and/or Services will not violate any applicable law or regulation; and (c) all information that is submitted to DCF in connection with the Platform and/or Services is true and accurate.
CONTENT ON PLATFORM
3.1 All information, content and material contained on the Platform are and continue to be DCF’s or relevant third-party intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to DCF or relevant third party. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted in these Terms.
3.2 The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of DCF or its affiliates or relevant third party (“Content”), and are protected under copyright, trademark and other applicable laws. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
3.3 DCF authorizes you to view and access Content solely for identifying Services, carrying out subscriptions of Services and processing returns and refunds, in accordance with Return and Refund Policy. DCF, therefore, grants to you a limited, revocable license to access and use the Services. This license does not include a permission for carrying out any resale of the Services or commercial use of the Content, any collection and use of services listings, description, or prices, and, any derivative use of the Platforms or of Content.
3.4 You hereby grant to DCF a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, review, feedback, comments etc., posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by them to DCF through the Platform.
MANNER OF USE OF PLATFORM
4.1 Display of services for subscription on the Platforms is merely an invitation to offer. An order placed by you for subscription of a services constitutes an offer. All orders placed by you on the Platforms are subject to the acceptance and approval by DCF and you continue with an adherence to these Terms. You acknowledge and undertake that you are accessing the Services provided on the Platform and are transacting at your own risk and are using your best judgment before entering into any transactions through the Platform. You may place the orders on the Platform for the services and at the price indicated therein.
4.2 You agree and acknowledge that you will have to make the requisite payment for the Services availed by you on the Platform. DCF accepts online payments using either credit card, debit card, net banking, digital wallets or other payment options as made available by the Platform from time to time. The payments made by you through the Platform for the subscription of the services, is subject to the Fees and Payment Policy.
4.3 Upon payment of the consideration for the services or undertaking to pay for the services, the services shall be provided to you, in accordance with the Policy of DCF.
4.4 All information in relation to third parties, including associates and the services as available on the Platforms (“Third Party Information”) are provided solely for reference. DCF is not endorsing the Third-Party Information and is not responsible for any errors and representation nor is it associated with it and you access the Third-Party Information at your own risk.
4.5 If you cancel any order made on the Platform, the amount will be refunded as per Cancellation, Returns and Refund Policy.
DISCLAIMER OF WARRANTIES
5.1 DCF will try to make access to and use of the Platform error-free. However, your access to the Platform may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that DCF does not take responsibility for any access or use problems that arise from internet related issues at your end. DCF reserves at all times, the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion.
5.2 The Platform may contain user generated content which DCF does not pre-screen and which contains views that may be opinions of users and also of experts. DCF does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any user generated content that you may submit or publish on the Platform. After posting any User Generated Content on the Platform, you continue to own the rights that they may have in that UGC, subject to the limited license set out herein below. DCF will do its best to monitor, edit or remove such user generated content where it considers it appropriate or necessary to do so. DCF does not promise that any user generated content on the Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
5.3 The Services included on or otherwise made available to you through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. DCF does not covenant or warrant that:
5.4.1 the Services will be made available at all times;
5.4.2 the operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components
5.4.3 the Content available on the Platforms is complete, true, accurate or non-misleading; and
5.4.4 the Services are of specified quality and fit for a particular purpose.
INDEMNIFICATION AND LIMITATION OF LIABILITY
6.1 You agree to indemnify, defend and hold harmless DCF, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of DCF or any third-party. DCF will notify the you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide DCF with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
6.2 To the fullest extent permitted by law, in no event shall DCF or any of its directors, officers, employees, agents or content or service providers (collectively, the “DCF Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, provision of information via the Platform, lost business, even if such DCF Representatives have been advised of the possibility of such damages.
6.3 In no event shall DCF Representatives be liable for:
6.3.1 the use or inability to use the Platform and/or the Services;
6.3.2 any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform;
6.3.3 any unauthorized access to or alteration or transmissions of SPI or other user data; or
6.3.4 any other matter relating to the Platform or the Services.
6.4 DCF is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. DCF is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.
6.5 None of the directors, officials or employees of DCF shall be personally liable for any action in connection with the Platform or the Services.
6.6 PURCHASER(Purchaser refers to the individual, group or company purchasing the Blessing whether that is the Purchaser of the gift or a gift recipient) INDEMNIFIES AND FOREVER RELEASES THE ORGANIZATION FROM ALL LIABILITY and agrees to hold the Organization harmless for any claim, liability, and demand of any kind or description. Purchaser further WAIVES any provision of any relevant state or municipal statute or law or regulation providing for claims which are unknown by Purchaser to exist as potential claims. Instead, Purchaser voluntarily waives, surrenders and gives up any rights under any and all such provisions and any other applicable rule, law, regulation or statute in any jurisdiction of India.
Purchaser hereby further RELEASES and INDEMNIFIES the Organization from any and all liability for any consequences of receiving a Blessing. Purchaser acknowledges that his/ her session with Mahendra Kumar Trivedi and/or Dahryn Trivedi and/or Alice Branton is a spiritual Blessing, and does not include or relate to a medical or other evaluation, diagnosis, prescription, treatment or prognosis. It is not intended to serve as “medical care” nor to substitute for medical care provided by a licensed nurse, physician or other licensed medical or health care practitioner. Neither the Organization, nor persons acting in concert with them or on their behalf, are licensed health care providers or practitioners, nor do they represent or hold themselves out as health care providers or practitioners. No promises or representations are made regarding the effects or outcome of this session. Purchaser assumes all responsibility for any medical condition or health condition that he/ she currently has or may have in the future. Purchaser agrees that he/ she will not, based on this session, suspend, modify, or terminate any medical treatment or medical care now being received, without first consulting the health care provider prescribing treatment or responsible for that care. Purchaser understands that without this Release, the Organization would not consent to conduct the Blessing.
Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (a) the use of, or any inability to use, the website or any content or functions thereof; or (b) any act or omission, online or offline, of any user of the website or anyone else, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorneys fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website.
Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither we nor any other indemnified party is responsible or liable for: (a) any incompatibility between the website and any site, service, software or hardware; or (b) any delay or failure you may experience with any transmission or transaction related to the website.
ACCESS OUTSIDE THE REPUBLIC OF INDIA
7.1 DCF makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Your use or access to the Platform from outside the Republic of India, is done so at your own risk and you are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
COMMUNICATION AND UNSUBSCRIPTION
You hereby understand that with your registration onto the Platform, you may receive notifications from DCF in the form of SMS messages on your registered mobile number or e-mails. These notifications could relate to your registration, transactions that they carry out through the Platform and/or promotions. Further, DCF may also send notifications and reminders to you with respect to their activity on the Platform, in relation to the Services. Please note that while DCF endeavors to provide these notifications and reminders to you, DCF does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you. The User can unsubscribe / opt-out from receiving communications, newsletters and other notifications from DCF at any time by following the procedure set forth on the Platform.
TERM AND TERMINATION
9.1 These Terms shall be effective from the date of their publication on the Platform.
9.2 DCF reserves the right to suspend or terminate its Services in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you or if DCF is unable to verify or authenticate any information submitted by you.
9.3 You may terminate the Agreement at any time by discontinuing the use of the Platforms or Services. By terminating the usage or the Agreement you will be obligated to pay for a Services subscribed on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.