Terms and Conditions
1.1. “Act of God” shall mean an extraordinary interruption by a natural cause (as a flood or earthquake) of the usual course of events that experience, prescience, or care cannot reasonably foresee or prevent.
1.2. “Applicable Law” shall mean any law, statute, order, decree, rule, injunction, license, permit, consent, approval, agreement and/or regulation of any government authority, and/or other legislative or administrative action of a government authority, and/or a final decree, judgment or order of a court which relates to and/or shall be rendered applicable, directly or indirectly, to the provisions of these Terms and Conditions, the User and/or the Platform Company.
1.3. “Content” will include (but is not limited to) images, photos, audio, video, location data, nearby places, and all other forms of information or data
1.5. “Platform Company” shall mean Anthyesti Funeral Services Pvt. Ltd having its registered office at GD 8/853, Rajdanga Main Road, Kasba, Narkel Bagan, Kolkata- 700107.
1.6. “Platform” shall mean the website namely Antheyesti providing funeral services by the Platform Company.
1.7. “Service” shall mean the primary service of conducting the cremation and the subsequently the Funeral.
1.8. “Third Parties” other vendors employed by the platform Company in executing the services.
1.9. “User” shall mean the individual using the website of the Platform Company.
• Words importing the singular will include the plural. Words importing the masculine gender will include the feminine or neuter and vice versa. Words importing persons will include companies.
• The word “including” means “including, without limitation.”
• A natural person includes a juristic person and vice versa;
3. LIABILITIES AND DUTIES OF THE PLATFORM COMPANY
3.1. The Platform Company is primarily engaged in the business of providing funeral services and other ancillary services in relation to the abovementioned primary service.
3.2. The Platform Company is a mere connecting platform of all services required for conducting a funeral and cremation of the corpse and as such shall not be deemed to be an agent of any of such third parties involved in the transaction and in no way shall be held liable for their actions’, including but not limited to any deficiency of service.
3.3. The Platform Company shall under no circumstances handle the corpse or proceed with the services unless it is provided with a Death Certificate or in cases as and where required a disposal certificate.
3.4. The Platform Company shall under all circumstances provide the User in good faith the necessary guidance and support in order to execute the post mortem rituals but under no circumstances shall be held liable for any procedural mistake committed on the part of the User in discharging his duties towards the dead.
3.5. The Platform Company does not take responsibility of the charges set by the third parties involved in the service and notifies the user that the said charges are subject to change in market scenario.
3.6. The Platform Company does not take responsibility of certification of the Third parties and in the process states that it shall not be held liable for any noncompliance regarding certification of such Third parties.
3.7. The Platform Company reserves the right, in its sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the web site. The Users continued use of the web site and related services following posting of any changes to this Agreement constitutes the Users unconditional acceptance and agreement to be bound by the changed terms. The User must cease using the web site if you do not agree to be bound by the revised terms and conditions.
3.8.The Platform Company does not and is not obligated to regularly review, monitor, delete or edit the Content of the web site or any associated services. However, the Platform Company reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission with or without notice, and the User acknowledges that the Platform Company has the right to do so. The Platform Company is not responsible or liable for damages of any kind arising from any Content, or from Platform Companies alteration or deletion of any Content, even when the Platform Company is advised of the possibility of such damages.
4. DUTIES BY THE USER
4.1. The User shall not authorize any third party to use his account on the Platform for any reason whatsoever;
4.2. The User understands, acknowledges, affirms and agrees that the Company shall bear no responsibility for ay mutilation, destruction, misappropriation and otherwise wrongful disposal and/or use of the Dead Body at any stage whether during and/or after the User has availed the services of the Company.
4.3. The User represents and warrants that no action has been performed on the Dead Body which are prohibited under Applicable Law prior to the commencement of the services of the Company.
4.4. The User represents and warrants that the Dead Body is not a subject matter of any murder, culpable homicide not amounting to murder and/or wrongful death
4.5. The User declares that he shall not use this Platform to carry out, intend to, abet or otherwise assist in carrying out any activities or omissions that are prohibited under any other Applicable Law.
4.6. The Platform Company reserves the right to restrict a User from using the Platform for any reason whatsoever.
4.7. The User understands, acknowledges and affirms that the relationship between the Platform Company and the User stands independent and is unrelated to the relationship between the User and the application store from which the Platform is downloaded by him.
4.8. The User declares that he is competent to contract under Applicable Law.
4.9. The Platform Company shall have the right to amend the aforementioned terms and conditions at any time and/or for any reason whatsoever with or without notice.
4.10. The User agrees to accept responsibility for his activities while visiting the site or using any associated services. Without limiting the foregoing, the User specifically represents that he understands that he, and not the Platform Company, is entirely responsible for all Content that he uploads, posts, emails, transmits or otherwise makes available, either privately or publicly, through the web site or any associated services.
4.11. The User further represents warrants and covenants that he shall not (i) impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you post or submit to or via the web site and any related services; (iii) use the web site and any associated services in any manner which could damage, disable, overburden, impair, or otherwise interfere with the use of the web site and associated services by any other users, or which could damage, destroy, or otherwise disrupt or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to by means of posting, submitting, transmitting or providing a link to any computer viruses, Trojan horses, worms, or other harmful computer code intended to damage, interfere with, intercept, monitor surreptitiously, or take over another computer; (iv) attempt to gain unauthorized access to this web site, any related website, computer system, or networks connected to this web site, through hacking, password mining, or any other means.
4.12. The User hereby expressly grants to the Platform Company a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the content for any reason and in any manner it chooses, including for promotional and advertising purposes, alone or as a part of other works, in any form, medium or technology now known or later developed, and the User waives all moral rights in all such content.
4.13. The User understands, acknowledges and affirms that the Company reserves the right to defer the date for performance the services as detailed hereinabove, or to terminate this agreement, if it is prevented from, or delayed in, carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lockouts or other industrial disputes (whether involving the workforce of the Customer or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
5.1. The User shall defend, protect, indemnify and hold harmless the Platform Company and his agents, successors, and assignees (“Indemnified Parties”) from and against any and all claims in connection therewith (collectively, the “Indemnified Liabilities”), incurred by the Indemnified Parties as a result of and/or arising out of or in relating to
5.1.1. any misrepresentation by the User to the Indemnified Parties,
5.1.4. The User covenants that he shall indemnify the Platform Company against all actions incurred due to misrepresentation, misuse, misappropriation and/or abuse of the intellectual property of the Company which shall include attorney fees, court expenses and ancillary expenses incurred by the company.
The Platform Company reserves the right to suspend, modify or remove or add content to the Platform or its Software at its sole discretion with immediate effect and without notice. The Platform Company shall not be liable to the User for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of services and you shall have no claims against the Platform Company in such regard.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The platform company is the sole owner or lawful licensee of all the rights to the Platform and its content.
7.2. The Website content embodys trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Platform Company and its content shall remain with the Platform Company, its affiliates or licensor's of the platform companies content, as the case may be.
7.3. All rights, not otherwise claimed under this contract or by the Platform company, are hereby reserved. The information contained in this Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. The Platform Company does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the website , or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the services.
7.4. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this website is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s).
7.5. In no event shall the platform company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the services. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
7.6. The Platform company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the services or the Website. The user extends a non-exclusive, royalty (including interest) free, irrevocable, Non transferrable license to all information shared by the end user with the company, directly or indirectly, when the user holds any or all rights over such information.
8. GOVERNING LAW AND DISPUTE RESOLUTION.
8.1. Any dispute, controversy or claim arising out of or relating to this Agreement or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the applicable law shall be amicably settled, in the offices of the Company in Kolkata through mutual consultation and escalation at such offices of the Company as Company may designate.
8.2. If the Dispute is not settled amicably as aforesaid within a period of  (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and any amendments, re-enactments and modifications thereof.
8.3. The venue of arbitration at all times shall be Kolkata, India.
8.4. Arbitration shall be presided over by a sole arbitrator named and appointed by Platform Company.
8.4.1. If the proceeding has been initiated by the Platform Company, the arbitrator shall be name the arbitrator in the written notice sent to the Contractor in relation to commencement arbitration.
8.4.2. If the proceeding has been initiated by the Contractor, the arbitrator shall be named by Platform Company with 14 days in a written communication from the date of receipt of the notice of commencement of the arbitration.
8.5. The arbitration proceedings shall be conducted in the English language.
8.6. The governing law of the Agreement shall be the laws of the Republic of India.
8.7. Subject to the aforesaid clause, the courts of Kolkata shall have exclusive jurisdiction in all matters arising out of this Agreement as well as the arbitration proceedings envisaged herein (including but not limited to applications under Section 9 of the Indian Arbitration and Conciliation Act, 1996).