Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Sameedh Platform, you agree to comply with and be bound by these Terms.
Please note: Section 18 of these Terms contains an arbitration clause and class action waiver that applies to all Sameedh Members. If your country of residence is the United States, this provision applies to all disputes with Sameedh. If your country of residence is outside of the United States, this provision applies to any action you bring against Sameedh in the United States. It affects how disputes with Sameedh are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: August 1, 2020
Welcome to Sameedh. We are proud to provide a platform to allow service providers (e.g. priests, yoga teachers, dance instructors, bloggers, speakers, etc.) (“providers”) to offer their services to anyone who seeks to have them performed for religious and/or special occasions at their home, office, another location or online (via audio/video conferencing, chat, phone call).
These Terms constitute a legally binding agreement ("Agreement") between you and Sameedh (as defined below) governing your access to and use of the Sameedh website, including any subdomains thereof, and any other websites through which Sameedh makes its services available (collectively, "Site"), including any mobile and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, " Sameedh Services"). The Site, Application and Sameedh Services together are hereinafter collectively referred to as the “Sameedh Platform”.
Any and all payment processing services through or in connection with your use of the Sameedh Platform are provided to you by PayPal.
Members are solely and directly responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to Listings and Provider Services (as defined below). Providers are solely responsible for identifying and obtaining any required licenses, permits, or registrations for any Provider Services they offer. Sameedh does not verify any licensing, permitting or other legal requirements for any given ceremony. It is responsibility of the Host and Provider to perform all appropriate due diligence and verification of any licensing, permitting or other legal requirements. If you have questions about how local laws apply to Listing(s) and/or Provider Service(s) on Sameedh, you should always seek legal guidance.
Table of Contents
- Scope of Sameedh Services
- Eligibility, Using the Sameedh Platform
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Priests
- Terms specific for Hosts
- Booking Modifications, Cancellations and Refunds
- Ratings and Reviews
- Damages, Disputes between Members
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
- Applicable Law and Jurisdiction
- General Provisions
1. Scope of Sameedh Services
1.1 The Sameedh Platform is an online information hub with content related to practitioners of Hinduism and marketplace that enables registered users (“Members”) and certain third parties (such as temples) who offer services as Providers for religious services and/or special occasions at Hosts’ home, office, another location or online (Members and third parties who offer services are “Providers” and the services they offer are Provider Services) to publish such Provider Services on the Sameedh Platform (“Listings”) and to communicate and transact directly with Members who are seeking to book such Provider Services (Members using Provider Services are “Hosts”). A Provider can also act as a Host when seeking services from other Providers.
1.2 As the provider of the Sameedh Platform, Sameedh does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Provider Services. Providers alone are responsible for their Listings and Provider Services. When Members make or accept a booking, they are entering into a contract directly with each other. Sameedh is not and does not become a party to or other participant in any contractual relationship between Members, nor is Sameedh a broker or insurer. Sameedh is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, Sameedh has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Provider Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Sameedh does not endorse any Member, Listing or Provider Services. You should always exercise due diligence and care when deciding whether to engage a Provider or use any Provider Services, accept a booking request from a Host, or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the Sameedh Platform as a Provider, your relationship with Sameedh is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Sameedh for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Sameedh. Sameedh does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Provider Services. You acknowledge and agree that you have complete discretion whether to list Provider Services or otherwise engage in other business or employment activities.
1.5 To promote the Sameedh Platform and to increase the exposure of Listings to potential Hosts, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Sameedh cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Sameedh Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Sameedh Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Sameedh is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Sameedh of such Third-Party Services.
1.7 Due to the nature of the Internet, Sameedh cannot guarantee the continuous and uninterrupted availability and accessibility of the Sameedh Platform. Sameedh may restrict the availability of the Sameedh Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Sameedh Platform. Sameedh may improve, enhance and modify the Sameedh Platform and introduce new Sameedh Services from time to time.
2. Eligibility, Using the Sameedh Platform
2.1 In order to access and use the Sameedh Platform or register an Sameedh Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 Sameedh may make access to and use of the Sameedh Platform, or certain areas or features of the Sameedh Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 Host verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
3. Modification of these Terms
Sameedh reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Sameedh Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Sameedh Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Sameedh Account") to access and use certain features of the Sameedh Platform, such as publishing or booking a Listing. If you are registering a Sameedh Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Sameedh Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Sameedh Account and your SNS Account at any time, by using “Contact Us” on the Sameedh website to ask the webmaster to disable the connection.
4.3 You must provide accurate, current and complete information during the registration process and keep your Sameedh Account and public Sameedh Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Sameedh Account unless Sameedh authorizes you to do so. You may not assign or otherwise transfer your Sameedh Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Sameedh Account credentials and may not disclose your credentials to any third party. You must immediately notify Sameedh if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Sameedh Account. You are liable for any and all activities conducted through your Sameedh Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Sameedh may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Sameedh Account. For example, we may enable Members to link their Sameedh Accounts to businesses and take actions for those businesses, or we may enable eligible Members or certain third parties to book Listings on behalf of other Members. These features do not require that you share your credentials with any other person. No third party is authorized by Sameedh to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Sameedh may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, or other materials and information on or through the Sameedh Platform ("Member Content"); and (ii) access and view Member Content and any content that Sameedh itself makes available on or through the Sameedh Platform, including proprietary Sameedh content and any content licensed or authorized for use by or through Sameedh from a third party ("Sameedh Content" and together with Member Content, "Collective Content").
5.2 The Sameedh Platform, Sameedh Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Sameedh Platform and Sameedh Content, including all associated intellectual property rights, are the exclusive property of Sameedh and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sameedh Platform, Sameedh Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Sameedh used on or in connection with the Sameedh Platform and Sameedh Content are trademarks or registered trademarks of Sameedh in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Sameedh Platform, Sameedh Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Sameedh Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sameedh or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Sameedh grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and view any Collective Content made available on or through the Sameedh Platform and accessible to you, and (ii) download and use the Application on your personal device(s), solely for your personal and non-commercial use.
5.6 You are solely responsible for all Member Content that you make available on or through the Sameedh Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Sameedh Platform or you have all rights, licenses, consents and releases that are necessary to grant to Sameedh the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Sameedh's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes that are violence or actions threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Sameedh policy. Sameedh may, without prior notice, remove or disable access to any Member Content that Sameedh finds to be in violation of applicable law, these Terms or Sameedh’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Sameedh, its Members, third parties, or property.
6. Service Fees
6.1 Sameedh charges fees to Provider ("Provider Fees") and Hosts ("Host Fees") (collectively, "Service Fees") in consideration for the use of the Sameedh Platform. Sameedh reserves the right to change the Service Fees at any time. Such fee changes will not affect any bookings made prior to the effective date of the fee change. Any applicable Service Fees (including any applicable Taxes) will be reflected in the total amount displayed to a Host prior to booking a Listing.
6.2 Provider will be charged an annual fee to offer Provider Services on Sameedh.
6.3 At the time a Host books Provider Services, 5% of the Listing Fee will be placed in an escrow account on behalf of the Provider. In addition to the Listing Fees set by the Provider offering Provider Services, Sameedh will charge Hosts a commission set by Sameedh and PayPal will charge a transaction fee to be set by PayPal (currently set at 2.9% of the underlying transaction plus a $0.30 fixed fee and a $0.25 payout fee).
6.4 You are responsible for paying any Service Fees that you owe to Sameedh. The applicable Service Fees (including any applicable Taxes) are collected via PayPal. Any Host Fees are included in the Total Fees collected by PayPal. Except as otherwise provided on the Sameedh Platform, Service Fees are non-refundable.
7. Terms specific for Provider
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Sameedh Platform you must (i) provide complete and accurate information about your Provider Service (such as listing description and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by Sameedh. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times. Sameedh does not maintain calendar or availability of any user. It is each individual Provider’s responsibility to ensure availability and manage scheduling conflicts.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as additional materials or cleaning fees) for your Listing (“Listing Fee”). Once a Host requests a booking of your Listing, you may not request that the Host pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing must not conflict with these Terms.
7.1.4 Pictures and animations (collectively, "Images") used in your profile must accurately reflect who you are and the Provider Services you offer, if applicable. Sameedh reserves the right to require that profiles have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Sameedh Platform may vary and depend on a variety of factors, such as Host search parameters and preferences, Provider requirements, price and calendar availability , number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Provider Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Host, you are entering into a legally binding agreement with the Host and are required to provide your Provider Service(s) to the Host as described in your Listing when the booking request is made. You also agree to pay any applicable Taxes.
7.1.7 Sameedh recommends that Providers obtain appropriate insurance for their Provider Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Hosts (and the individuals the Host has booked for, if applicable) while engaging your Provider Services.
7.2 Listing Provider Services
You represent and warrant that any Listing you post and the booking of, or a Host's use of, your Provider Services will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the site of any Provider Services at your request or invitation, excluding the Host and any individuals the Host invites to the agreed upon Provider Services.
8. Terms specific for Hosts
8.1 Subject to meeting any requirements (such as completing any verification processes) set by Sameedh and/or the Provider, you can book a Listing available on the Sameedh Platform by following the respective booking process. The full amount of the booking, including all applicable fees and Taxes will be presented to you prior to booking a Listing and will be clearly displayed at the time of booking request. You agree to pay all applicable fees and Taxes for any booking requested in connection with your Sameedh Account.
8.2 Upon receipt of a booking confirmation from Sameedh, a legally binding agreement is formed between you and your Provider, subject to any additional terms and conditions of the Provider that apply, including any rules and restrictions specified in the Listing. Sameedh will collect the reservation fees, including the 5% of the Listing Fee placed in escrow, and transaction fees at the time of booking request. Upon completion of service, Host and Provider will then complete the formalities and Host must pay the remaining amount.
8.3 If you book Provider Services on behalf of additional Hosts, you are required to ensure that every additional Host meets any requirements set by the Provider, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Provider. If you are booking for an additional participant who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in Provider Services if accompanied by an adult who is responsible for them. If you are bringing a minor as an additional participant, you are solely responsible for the supervision of that minor throughout the duration of your Provider Service and to the maximum extent permitted by law, you agree to release and hold harmless Sameedh from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Provider Service or in any way related to your Provider Service.
9. Booking Modifications, Cancellations and Refunds
9.1 Providers and Hosts are responsible for any modifications to a booking that they make via the Sameedh Platform ("Booking Modifications"), and agree to pay any additional Fees and/or Taxes associated with such Booking Modifications.
9.2 If a Host cancels a confirmed booking, the Host will forfeit the 5% of the Listing Fee placed in escrow, as well as the Service Fees payable to PayPal and Sameedh. The Provider will receive the 5% of the Listing Fee held in escrow.
9.3 If a Provider cancels a confirmed booking, the Host will receive a full refund of the escrow amount and Service Fees paid for that booking. The Provider will not be paid for the canceled booking. Further, Sameedh may publish an automated review on the Listing cancelled by the Provider indicating that a booking was cancelled.
9.4 Sameedh reserves the right to remove any Provider who cancels agreed upon Provider Services and subsequently rebooks those, or substantially similar services, outside of the Sameedh platform.
9.5 If weather poses a safety risk to Hosts, or if it prevents a Provider from carrying out a Provider Service that takes place primarily outdoors, Providers may cancel the Provider Service. Providers may also cancel the Provider Service if other conditions exist that would prevent the Provider from offering the Provider Service safely.
10. Ratings and Reviews
10.1 Sameedh may enable Hosts and Providers can leave a public review (“Review) and submit a star rating (“Rating”) about each other within a certain timeframe after completing a booking. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Sameedh. Ratings and Reviews are not verified by Sameedh for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Hosts and Providers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Sameedh Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damages, Disputes between Members
Members agree to cooperate with and assist Sameedh in good faith, and to provide Sameedh with such information and take such actions as may be reasonably requested by Sameedh, in connection with any Damage Claims or other complaints or claims made by Members related to any damages, injuries, complaints of other claims as to personal or other property related to Provider Services. A Member shall, upon Sameedh's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Sameedh or a third party selected by Sameedh or its insurer, with respect to losses for which a Member is requesting payment from Sameedh.
12.1 As a Provider you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes or income taxes ("Taxes").
12.2 Tax regulations may require us to collect appropriate Tax information from Providers, or to withhold Taxes from payouts to Providers, or both. If a Provider fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
13. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Sameedh Platform. In connection with your use of the Sameedh Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the Sameedh Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Sameedh endorsement, partnership or otherwise misleads others as to your affiliation with Sameedh;
- use the Sameedh Platform in connection with the distribution of unsolicited commercial messages ("spam");
- unless Sameedh explicitly permits otherwise, book any Listing if you will not actually be using the Provider Services yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Sameedh Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Sameedh Platform to request, make or accept a booking independent of the Sameedh Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Sameedh Platform or Sameedh Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Sameedh harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the Sameedh Platform or Collective Content, or any individual element within the Sameedh Platform, Sameedh's name, any Sameedh trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Sameedh Platform, without Sameedh's express written consent;
- dilute, tarnish or otherwise harm the Sameedh brand in any way, including through unauthorized use of Collective Content, registering and/or using Sameedh or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Sameedh domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Sameedh Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Sameedh or any of Sameedh's providers or any other third party to protect the Sameedh Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sameedh Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Sameedh Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
13.2 You acknowledge that Sameedh has no obligation to monitor the access to or use of the Sameedh Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Sameedh Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Sameedh in good faith, and to provide Sameedh with such information and take such actions as may be reasonably requested by Sameedh with respect to any investigation undertaken by Sameedh or a representative of Sameedh regarding the use or abuse of the Sameedh Platform.
13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Sameedh by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14. Term and Termination, Suspension and other Measures
14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Sameedh terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Sameedh Account as a Priest, any confirmed booking(s) will be automatically cancelled and your Hosts will receive a full refund. If you cancel your Sameedh Account as a Host, any confirmed booking(s) will be automatically cancelled and any refund will be in accordance with the terms noted in Section 9.
14.3 Without limiting our rights specified below, Sameedh may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
14.4 Sameedh may immediately, without notice, terminate this Agreement and/or stop providing access to the Sameedh Platform if (i) you have materially breached your obligations under these Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Sameedh believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sameedh, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
14.5 In addition, Sameedh may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Sameedh Account registration, Listing process or thereafter, (iv) you and/or your Listings or Provider Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Sameedh otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Sameedh believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sameedh, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Sameedh Platform;
- temporarily or permanently revoke any special status associated with your Sameedh Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Sameedh Account and stop providing access to the Sameedh Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Sameedh and an opportunity to resolve the issue to Sameedh's reasonable satisfaction.
14.6 If we take any of the measures described above (i) we may refund your Hosts in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
14.7 When this Agreement has been terminated, you are not entitled to a restoration of your Sameedh Account or any of your Member Content. If your access to or use of the Sameedh Platform has been limited or your Sameedh Account has been suspended or this Agreement has been terminated by us, you may not register a new Sameedh Account or access and use the Sameedh Platform through a Sameedh Account of another Member.
14.8 Sections 5 and 15 to 21 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Sameedh Platform or Collective Content, you do so voluntarily and at your sole risk. The Sameedh Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Sameedh Services, laws, rules, or regulations that may be applicable to your Listings, Member profiles and/or Provider Services you are receiving and that you are not relying upon any statement of law or fact made by Sameedh relating to a profile or Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Provider Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example , some Provider Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Provider Services. Dangers and conditions which may be a part of Hindu ceremonies include, but are not limited to, fire, water, and the application of colorful pastes and powders. These rituals and ceremonies may include materials that can cause damage to property and/or may carry risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your participation in a Provider Service. In addition, if a Host brings a minor as an additional participant to a Provider Service, that Host is solely responsible for the supervision of that minor throughout the duration of the Provider Service and to the maximum extent permitted by law, the Host agrees to release and hold harmless Sameedh from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Provider Service or in any way related to the Provider Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sameedh Platform and Collective Content, your publishing or booking of any Listing via the Sameedh Platform, participation in any Provider Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Sameedh nor any other party involved in creating, producing, or delivering the Sameedh Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Sameedh Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Sameedh Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Provider Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sameedh has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Sameedh’s aggregate liability arising out of or in connection with these Terms and your use of the Sameedh Platform including, but not limited to, from your publishing or booking of any Listings via the Sameedh Platform, or from the use of or inability to use the Sameedh Platform or Collective Content and in connection with any Provider Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Sameedh Platform as a Host in the twelve (12) month period prior to the event giving rise to the liability or, if you are a Provider, the amounts paid by Sameedh to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Sameedh and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Sameedh’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Sameedh’s option), indemnify, and hold Sameedh and its affiliates and subsidiaries, including but not limited to, Sameedh Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Sameedh Platform or any Sameedh Services, (iii) your interaction with any Member, participation in any Provider Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) Sameedh’s Collection and Remittance of Taxes, or (v) your breach of any laws, regulations or third party rights.
18. Dispute Resolution and Arbitration Agreement
18.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Sameedh in the United States (to the extent not in conflict with Section 20).
18.2 Overview of Dispute Resolution Process. Sameedh is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 18.1 applies: (1) an informal negotiation directly with Sameedh’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 18 and except as provided in Section 18.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
18.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Sameedh each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Sameedh’s customer service team by contacting us through the Sameedh website. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
18.4 Agreement to Arbitrate. You and Sameedh mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Sameedh Platform, the Provider Services, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Sameedh agree that the arbitrator will decide that issue.
18.5 Exceptions to Arbitration Agreement. You and Sameedh each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
18.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
18.7 Modification to AAA Rules - Arbitration Hearing/Location. Sameedh agrees that any required arbitration hearing may be conducted: (a) in Middlesex County, NJ; (b) in any other location to which you and Sameedh both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
18.8 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
18.9 Jury Trial Waiver. You and Sameedh acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
18.10 No Class Actions or Representative Proceedings. You and Sameedh acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Sameedh both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 18.10 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 18.10 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Sameedh agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration..
18.11 Severability. Except as provided in Section 18.10, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
18.12 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Sameedh changes this Section 18 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Sameedh’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Sameedh (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Sameedh.
18.13 Survival. Except as provided in Section 18.11 and subject to Section 14.8, this Section 18 will survive any termination of these Terms and will continue to apply even if you stop using the Sameedh Platform or terminate your Sameedh Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Sameedh Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Sameedh Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. Applicable Law and Jurisdiction
If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of New Jersey and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 18 must be brought in state or federal court in Middlesex County, New Jersey, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Middlesex County, New Jersey.
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Sameedh and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Sameedh and you in relation to the access to and use of the Sameedh Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and Sameedh as a result of this Agreement or your use of the Sameedh Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 Sameedh’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.5 Sameedh’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Sameedh via email, Sameedh Platform notification, or messaging service (including SMS).
21.8 If you have any questions about these Terms please contact us via