User Agreement

Last updated: May 23, 2022

This User Agreement along with Privacy Policy (collectively, the “User Agreement”) forms the terms and conditions for the use of services of Bhakti Marga South Africa, a registered NPO under the The S.A. Nonprofit Organisations Act 71 of 1997.

Any person (“User”) who inquiries about or purchases any services of Bhakti Marga South Africa through its websites, mobile applications, agents, offices, call centres, branch offices etc. (all the aforesaid platforms collectively referred to as “Service Channels”) agree to be governed by this User Agreement. The websites and the mobile applications of Bhakti Marga South Africa are collectively referred to as ‘Website’.

Both User and Bhakti Marga South Africa are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement.

The Users availing services from Bhakti Marga South Africa shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired provision of such services by Bhakti Marga South Africa for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Bhakti Marga South Africa with respect to any services to be provided by Bhakti Marga South Africa shall be restricted to the scope of this agreement.

In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by Bhakti Marga South Africa like the arrangement of darshan, sharing of information regarding sadhana, courses teachings of Paramahamsa Sri Swami Vishwananda and any such information that Bhakti Marga South Africa may deem necessary. Such TOS will be provided/ updated by Bhakti Marga South Africa from time to time which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail except terms which are specifically provided in the TOS. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.

For providing certain Services, Bhakti Marga South Africa acts as a facilitator by connecting the User with the respective service providers for specific services like putting user in touch with teacher & practioners of Sadhana or of Bhakti Marga Academy. (collectively referred to as “Service Providers”). The Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of such Service Provider.

Bhakti Marga South Africa Services are offered to the User conditioned on acceptance without modification of the terms, conditions and notices contained in this Agreement and the applicable TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Bhakti Marga South Africa Services.

All content provided through various Services Channels, including but not limited to audio, images, software, text, icons and such similar content (“Content”), are registered by Bhakti Marga South Africa and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein. Any unauthorized use of the Content will be in violation of the applicable law.

User agrees to follow all instructions provided by Bhakti Marga South Africa which will prescribe the way such User may use the Content.

Bhakti Marga South Africa respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information: (i)Clear identification of such copyrighted work that you claim has been infringed; (ii)Location of the material on the Website, including but not limited to the link of the infringing material; (iii)The proof that the alleged copyrighted work is owned by you; and (iv) Contact information. The aforesaid notices can be sent to info@bhaktimarga.co.za

Website

The Website is meant to be used by bonafide User(s) for a lawful use.

User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.

Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to Bhakti Marga South Africa is true and accurate.

By using the Account Access service in Bhakti Marga South Africa’s websites, the User authorizes Bhakti Marga South Africa and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.

Bhakti Marga South Africa reserves the right, in its sole discretion, to terminate the access to the Website and the Service Channels or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.

Bhakti Marga South Africa will always make its best endeavor to ensure that the content on its websites or Services Channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or Service Channels is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.

Bhakti Marga South Africa reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User.

Limitation of Liability

Unless explicitly committed by Bhakti Marga South Africa as a part of any product or service:

a. Bhakti Marga South Africa assumes no liability for the standard of services as provided by the respective Service Providers.
b. Bhakti Marga South Africa provides no guarantee with regard to their quality or fitness as represented.
c. Bhakti Marga South Africa doesn’t guarantee the availability of any services as listed by a Service Provider.

Thus, the ultimate contract of service is between User and Service Provider and Bhakti Marga South Africa always is merely a facilitator for connecting the User with the respective Service Providers.

Any issues or concerns faced by the User at the time of availing any services being provided by the Service Providers, shall be the sole responsibility of the Service Provider. Bhakti Marga South Africa will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider. Bhakti Marga South Africa’s liability is limited to providing the User with a confirmed booking as selected by the User.

Users’ Obligations

Users are advised to check the description of the services and products carefully before making registering and accepting the same. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.

If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.

The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations of the concerned jurisdiction regarding use of the services for each transaction.

The services are provided on an “as is” and “as available” basis. Bhakti Marga South Africa may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. Bhakti Marga South Africa expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from Bhakti Marga South Africa or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

User also authorizes Bhakti Marga South Africa’s representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Bhakti Marga South Africa and its licensors. The Service is protected by copyright, trademark, and other laws of both the South Africa and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bhakti Marga South Africa.

Security

While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify Bhakti Marga South Africa immediately in writing of any unauthorized use of their password or account or any other breach of security. Bhakti Marga South Africa will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else’s account at any time.

User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end.

Bhakti Marga South Africa keeps all the data in relation to credit card, debit card, bank information etc. secured in compliance with the applicable laws and regulations. However, Bhakti Marga South Africa cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information too.

The data of the User as available with Bhakti Marga South Africa may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

Payment for the Services

In addition to the actual cost of booking as charged by the Service Providers and other expenses, the User duly acknowledges that it is paying Bhakti Marga South Africa for conducting and facilitating the Accommodations/Events/Study courses etc. All such payments are part of the lumpsum payment as indicated against each such service being provided and the Accommodations/Events/Study courses being conducted by Bhakti Marga South Africa. The Payment schedule, cancellation and refund policies etc will be indicated against each Service/Event/Pilgrimage and having registered for and booked the same, the User is deemed to have accepted such terms and conditions. Bhakti Marga South Africa further reserves the right to alter any and all such payments from time to time. Any such additional payments, including payments towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.

In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, Bhakti Marga South Africa shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to Bhakti Marga South Africa. In cases where the short charge is claimed prior to the utilization of the booking, Bhakti Marga South Africa will be at liberty to cancel such bookings if the amount is not paid before the utilization date.

Any increase in the price charged by Bhakti Marga South Africa on account of change in rate of taxes or imposition of new taxes, levied by Government, shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.

In the rare circumstance of a booking not getting confirmed for any reason whatsoever, Bhakti Marga South Africa will process the refund of the booking amount paid by the User and intimate the User about the same. Bhakti Marga South Africa is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and Bhakti Marga South Africa as the case may be.

The User shall be completely and solely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws

The User agrees and understands that all payments shall only be made to bank accounts of Bhakti Marga South Africa. Bhakti Marga South Africa or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of Bhakti Marga South Africa. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by Bhakti Marga South Africa or to any personal account of any person, Bhakti Marga South Africa shall not be held liable for the same. User shall not hold any right to recover from Bhakti Marga South Africa any amount which is transferred by the User to any third party.

Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.

Booking(s) made by the User through Bhakti Marga South Africa are subject to the applicable cancellation policy as set out on the as communicated to the customers.

The User also acknowledges and accepts that there is requirement of personal approval of the User’s participation by Paramahamsa Sri Swami Vishwananda.

Bhakti Marga South Africa can withdraw any of the Accommodations/Events/Study courses/services in case of failure to reach a minimum number of participants stated in the respective specifications of such Accommodations/Events/Study courses/services and in the confirmation thereof. In such cases, the liability of Bhakti Marga South Africa is limited to refund of the monies paid/deposited by the User with Bhakti Marga South Africa and the User indemnifies Bhakti Marga South Africa for any loss/damage in addition thereto.

Insurance

Unless explicitly provided by Bhakti Marga South Africa in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case Bhakti Marga South Africa shall accept any claims arising out of result of a failure to obtain the requisite insurance(s).

Taking out insurance to cover the costs of accident, illness or death on all Accommodations/Events/Study courses/services to India is mandatory for participation in the Accommodations/Events/Study courses/services being conducted by Bhakti Marga South Africa The User is required to provide Bhakti Marga South Africa with such proof of such valid insurance.

Insurance, if any provided as a part of the service or product by Bhakti Marga South Africa, shall be as per the terms and conditions of the third-party insurance company. Bhakti Marga South Africa merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. Bhakti Marga South Africa shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

Obligation to Obtain Visa and compliance of Country Specific Regulations

Bhakti Marga South Africa may inform the User of the passport and visa requirements and other legal formalities including Country Specific Regulations required for attending any Accommodations/Events/Study courses/services being conducted as also the approximate time required to obtain the same. However, the User is solely responsible for complying with all such requirements/regulations and any loss or damage arising from such non-compliance shall be borne solely by the User.

Bhakti Marga South Africa is not responsible for any issues, including inability to travel, arising out of such visa requirements or non-compliance of any regulations and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of Bhakti Marga South Africa for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.

Force Majeure

There can be exceptional circumstances where Bhakti Marga South Africa and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of Bhakti Marga South Africa.

The User agrees that Bhakti Marga South Africa being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.

In no event shall Bhakti Marga South Africa be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Services Channel.

Advertisements and Linked Websites

The Website may contain links to third party websites. Bhakti Marga South Africa does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and Bhakti Marga South Africa shall assume no liability for the same.

Bhakti Marga South Africa is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.

Bhakti Marga South Africa does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.

The linked sites are not under the control of Bhakti Marga South Africa. Bhakti Marga South Africa therefore is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. Bhakti Marga South Africa is providing these links to the Users only as a convenience.

Right to Refuse

Bhakti Marga South Africa at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.

Bhakti Marga South Africa will not provide any service or share confirmed booking details till such time the complete consideration is received from the User. In addition to other remedies and recourse available to Bhakti Marga South Africa under this User Agreement or under applicable law, Bhakti Marga South Africa may limit the User’s activity, warn other users of the User’s actions, immediately suspend or terminate the User’s registration, or refuse to provide the User with access to the Website if:

a. The User is in breach of this User Agreement; or
b. Bhakti Marga South Africa is unable to verify or authenticate any information provided by the User; or
c. Bhakti Marga South Africa believes that the User’s actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of Bhakti Marga South Africa, or Bhakti Marga South Africa itself.

Once a User has been suspended or terminated, such User shall not register or attempt to register with Bhakti Marga South Africa with different credentials, or use the Website in any manner whatsoever until such User is reinstated by Bhakti Marga South Africa. Bhakti Marga South Africa may at any time in its sole discretion reinstate suspended users.

If a User breaches this User Agreement, Bhakti Marga South Africa reserves the right to recover any amounts due to be paid by the User to Bhakti Marga South Africa, and to take appropriate legal action as it deems necessary.

The User shall not write or send any content to Bhakti Marga South Africa which is, or communicate with Bhakti Marga South Africa using language or content which is:

a. abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
b. contrary to any applicable law;
c. violates third parties’ intellectual property rights;
d. in breach of any other part of these terms and conditions of use.

If the User violates any of the aforesaid terms, Bhakti Marga South Africa shall be at liberty to take appropriate legal action against the User.

Right to Cancel

The User expressly undertakes to provide Bhakti Marga South Africa with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from Bhakti Marga South Africa.

In case Bhakti Marga South Africa discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User is not correct or that any fact has been misrepresented by that User, Bhakti Marga South Africa shall be entitled to take recourse to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, Bhakti Marga South Africa shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.

If any judicial, quasi-judicial, investigation agency, government authority approaches Bhakti Marga South Africa to cancel any booking, Bhakti Marga South Africa will cancel the same without approaching the concerned User whose booking has been cancelled.

The User shall not hold Bhakti Marga South Africa responsible for any loss or damage arising out of measures taken by Bhakti Marga South Africa for safeguarding its own interest and that of its genuine customers. This would also include Bhakti Marga South Africa denying or cancelling any bookings on account of suspected fraud transactions.

Indemnification

The User agrees to indemnify, defend and hold harmless Bhakti Marga South Africa, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.

The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and Bhakti Marga South Africa cannot be held responsible for the same.

Severability

If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.

Jurisdiction

This Agreement is subject to interpretation as per the laws of South Africa, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in South Africa.

Amendment to the User Agreement

Bhakti Marga South Africa reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

Confidentiality

Any information which is specifically mentioned by Bhakti Marga South Africa as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.

Feedback from Customer

Bhakti Marga South Africa would like to know the feedback of the Users for improving its services. The User hereby authorizes Bhakti Marga South Africa to contact the User for their feedback on various services offered by Bhakti Marga South Africa. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to Bhakti Marga South Africa for specific exclusion at info@bhaktimarga.co.za

Privacy Policy

User shall also refer to Bhakti Marga South Africa’s Privacy Policy available on Bhakti Marga South Africa’s website which governs use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by Bhakti Marga South Africa and its affiliates in accordance with the terms of the Privacy Policy. The User indemnifies and holds Bhakti Marga South Africa harmless to any improper or unlawful use of data by any Service Provider as Bhakti Marga South Africa is a merely a facilitator.