Terms of Service
1. Acceptance of Terms
By accessing or using Shubh Kriya (“the Service”), operated by Shubh Kriya Limited (“we”, “us”, “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Service. These Terms are governed by the laws of New Zealand.
2. Description of Service
Shubh Kriya is a software-as-a-service (SaaS) platform that enables Hindu priests (“Pandits”) to manage bookings, ceremonies, samagri lists and client relationships. Clients (“Devotees”) may use the platform to book ceremonies with their assigned Pandit and view ceremony details.
3. Account Registration
- You must be at least 18 years of age to create an account.
- You agree to provide accurate, current and complete information during registration and to keep your account information up to date.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
- You must notify us immediately at developer@devwin.co.nz if you suspect any unauthorised use of your account.
4. Pandit Accounts & Verification
- Pandits may apply for a verified badge, which is granted at our sole discretion following a review process. Verification does not constitute an endorsement of any specific religious authority or qualifications.
- Pandits are responsible for ensuring that all ceremony and samagri information they publish is accurate and up to date.
- Pandits acknowledge that clients rely on the availability information they set, and agree to honour confirmed bookings except in genuine emergencies.
5. Subscriptions & Payments
- Pandit accounts are offered on a paid monthly subscription basis. Subscription fees are billed in advance and are non-refundable except as required by the New Zealand Consumer Guarantees Act 1993.
- Payments are processed securely by Stripe. By subscribing, you authorise us to charge your payment method on a recurring basis until cancelled.
- You may cancel your subscription at any time. Cancellation prevents future renewals and takes effect at the end of your current billing period; subscription fees already paid are non-refundable except as required by the New Zealand Consumer Guarantees Act 1993.
- If payment cannot be successfully processed, we may suspend or terminate your access to paid features until payment has been received.
- We reserve the right to change subscription prices with at least 30 days' written notice via email.
- Taxes. All fees are exclusive of any applicable regional taxes, duties, or levies imposed by taxing authorities. You are responsible for any such taxes applicable based on your jurisdiction.
6. Data Ownership & Retention
You retain ownership of all data, content and information that you upload or create using the Service (“Customer Data”).
We will only use Customer Data for the purpose of providing, maintaining, securing and improving the Service, and as otherwise described in our Privacy Policy.
Following cancellation or termination of your account, we retain Customer Data for 30 days to allow account recovery or data export. If the account is not recovered within that period, Customer Data will be permanently deleted from our active systems within 90 days of cancellation, subject to any legal obligations or backup retention requirements, as described in our Privacy Policy.
7. Acceptable Use
You agree not to use Shubh Kriya to:
- Violate any applicable New Zealand or international law or regulation.
- Harass, threaten or defraud any other user.
- Upload or transmit malicious code, spam, or unsolicited communications.
- Attempt to gain unauthorised access to any part of the Service or its infrastructure.
- Scrape, crawl or otherwise harvest data from the platform without written consent.
- Impersonate any person or misrepresent your affiliation with any entity.
8. Customer Responsibilities
You are responsible for:
- ensuring the accuracy of information entered into the Service;
- maintaining appropriate records of your business activities where required by law;
- obtaining any necessary consent from your clients before storing or processing their personal information through the Service; and
- keeping your account credentials secure.
We are not responsible for errors arising from inaccurate or incomplete information entered by users.
9. Availability of Service
We aim to provide a reliable Service but do not guarantee uninterrupted or error-free availability.
The Service may occasionally be unavailable due to maintenance, software updates, security incidents, or circumstances beyond our reasonable control.
10. Third-Party Services
The Service may integrate with third-party providers, including payment processors, cloud hosting providers, email services and mapping or messaging services.
We are not responsible for the availability, security or performance of third-party services or for any interruption caused by them.
11. Content
You retain ownership of any content you upload to Shubh Kriya (such as ceremony descriptions and samagri lists). By uploading content, you grant us a non-exclusive, royalty-free licence to store, display and transmit that content solely for the purpose of providing the Service.
You represent that you have all necessary rights and permissions to upload any content to the Service and that your content does not infringe the rights of any third party.
We reserve the right to remove any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.
12. Intellectual Property
All software, design, trade marks and other intellectual property in Shubh Kriya are owned by Shubh Kriya Limited or its licensors. You may not copy, modify, distribute or reverse-engineer any part of the Service without our written permission.
We welcome feedback and suggestions regarding the Service. If you provide feedback, you grant us a perpetual, worldwide, royalty-free licence to use that feedback without restriction or compensation.
13. Limitation of Liability
To the maximum extent permitted by the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986:
- Shubh Kriya is provided “as is” without warranty of any kind, express or implied.
- We shall not be liable for loss of profits, loss of business opportunities, loss of goodwill, loss or corruption of data, or any indirect, incidental, special or consequential damages arising from your use of, or inability to use, the Service.
- Our total liability to you for any claims arising under these Terms shall not exceed the total subscription fees paid by you in the three months preceding the claim.
You are responsible for maintaining appropriate backups of important business records. While we perform routine backups, we do not guarantee that all data can always be recovered.
Nothing in these Terms limits liability for death, personal injury or fraud caused by our negligence.
14. Termination
We may suspend or terminate accounts that:
- fail to pay subscription fees;
- breach these Terms;
- misuse the Service;
- create security risks; or
- engage in fraudulent or unlawful activity.
You may close your account at any time via your profile settings or by contacting us. Upon termination, your right to access the Service ends immediately. We may retain or delete Customer Data in accordance with these Terms and our Privacy Policy.
15. Changes to These Terms
We may update these Terms from time to time. We will notify you by email at least 14 days before material changes take effect. Continued use of the Service after that date constitutes your acceptance of the updated Terms.
16. Force Majeure
We are not liable for any delay or failure to perform our obligations where the delay or failure results from events beyond our reasonable control, including natural disasters, acts of government, internet outages, cyber attacks, labour disputes or failures of third-party infrastructure providers.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Service and supersede all prior discussions or agreements relating to the Service.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
19. Waiver
Any failure or delay by us to enforce a provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future.
20. Governing Law & Disputes
These Terms are governed by the laws of New Zealand. Any disputes arising under these Terms shall be submitted to the exclusive jurisdiction of the New Zealand courts, or first referred to mediation through the Resolution Institute before litigation.
21. Contact
For questions about these Terms, please contact us:
Shubh Kriya — Legal
Email: developer@devwin.co.nz
New Zealand