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Terms and Conditions

This Document Is An Electronic Record In Terms Of Information Technology Act, 2000 And Rules There Under As Applicable And The Amended Provisions Pertaining To Electronic Records In Various Statutes As Amended By The Information Technology Act, 2000. This Electronic Record Is Generated By A Computer System and Does Not Require Any Physical Or Digital Signatures.

www.astroayurved.com provides the content and services available on this website to you subject to the following Terms and Conditions, our Privacy Policy, Payment Policy and other terms and conditions and policies which you may find throughout our website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using this website, you are acknowledging that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions in this Agreement, so please read this carefully before proceeding.

Privacy

Please review our privacy-policy so that you may understand our privacy practices.

Payment Policy

Please see our Payment Policy to understand the purchase processes of our products.

All international shipping orders may attract local duties applicable in that country and accordingly the customer will have to pay such local duties/taxes.

Products And Services For Personal Use

The products and services described on this website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Accuracy of Information

We attempt to be as accurate as possible when describing our products on the website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.

Intellectual Property

All information and content available on the website and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of www.astroayurved.com, our Affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property.

Except as set forth in the limited licenses in Section 6, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

Limited Licenses

We grant you a limited, revocable, and non-exclusive license to access and make personal use of www.astroayurved.com website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the website or any and/or all Content (except caching or as necessary to view the website); (c) make any use of the website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to the website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of www.astroayurved.com website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

Your Obligations and Responsibilities

In the access or use of www.astroayurved.com website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to www.astroayurved.com, our Affiliates, partners or licensors.

Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from www.astroayurved.com website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

Special Features, Functionality And Events

www.astroayurved.com may offer certain special features and functionality or events (such as contests, promotions or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

User Content

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam". You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.

We do not endorse or control the User Content transmitted or posted on the www.astroayurved.com website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

Copyright Complaints

We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number.

Note: The above contact information is provided exclusively for notifying www.astroayurved.com that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by email at: namaste@astroayurved.com

Representations And Warranties And Limitation Of Liability

www.astroayurved.com website is presented "As Is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.

Products displayed on www.astroayurved.com are based on natural and ayurvedic formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that www.astroayurved.com will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through www.astroayurved.com, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event there shall aggregate liability.

You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of www.astroayurved.com or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Disputes

With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Kolkata, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Kolkata, India, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the www.astroayurved.com website shall be referred to the sole Arbitrator appointed by the Managing Director of  Holygallivant Pvt Ltd in accordance with the law. The venue of such arbitration shall be at Kolkata, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in Kolkata, India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.

Consent To Receive Notices Electronically By Posting On The Website And Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing in English. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at: namaste@astroayurved.com and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please email us at: namaste@astroayurved.com.

Worldwide Copyright © Holygallivant Pvt Ltd. (brand owners www.astroayurved.com). All worldwide rights reserved.


 

For Astrology

TERMS AND CONDITIONS OF USAGE

These terms and conditions of Use (hereinafter referred as “Terms of Usage”) describe and govern the User’s use of the content and services offered by Holygallivant Pvt Ltd through www.astroayurved.com (hereinafter referred as “We” “www.astroayurved.com ” “us” “our” “www.astroayurved.com ” “Website”).

1.   UPDATION

The Website may update/amend/modify these Terms of Usage from time to time. The User is responsible to check the Terms of Usage periodically to remain in compliance with these terms.

2.   USER CONSENT

By accessing the Website and using it, you (“Member”, “You”, “Your”) indicate that you understand the terms and unconditionally & expressly consent to the Terms of Usage of this Website. If you do not agree with the Terms of Usage, please do not click on the “I AGREE” button. The User is advised to read the Terms of Usage carefully before using or registering on the Website or accessing any material, information or services through the Website. Your use and continued usage of the Website (irrespective of the amendments made from time to time) shall signify your acceptance of the terms of usage and your agreement to be legally bound by the same.

By accessing the Website and using it, you (“Member”, “You”, “Your”) indicate that you understand the terms and unconditionally & expressly consent to the Terms of Usage of this Website. If you do not agree with the Terms of Usage, please do not click on the “I AGREE” button. The User is advised to read the Terms of Usage carefully before using or registering on the Website or accessing any material, information or services through the Website. Your use and continued usage of the Website (irrespective of the amendments made from time to time) shall signify your acceptance of the terms of usage and your agreement to be legally bound by the same.

3.   GENERAL DESCRIPTION

The Website is an internet-based portal having its existence on World Wide Web, Application and other electronic medium and provides astrological content, reports, data, telephone, video and email consultations (herein after referred as “Content”). The Website is offering “Free Services” and “Paid Services” (Collectively referred as “Services”). Free Services are easily accessible without becoming a member however for accessing the personalised astrological services and/or receive additional Content and get access to Paid Services, You are required to register as a member on the portal. By registering for Paid Services, a Member agrees to:

·      To provide current, complete, and accurate information about himself as prompted to do so by the Website.

·      To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete.

4.   REGISTRATION AND EILIGIBLITY

·      The User of the Website must be a person who can form legally binding contracts under Indian Contract Act, 1872. A minor under the age of eighteen (18) in most jurisdiction, are not permitted to avail the services provided on the Website without a legal guardian in accordance with the applicable laws. The Website would not be held responsible for any misuse that may occur by virtue of any person including a minor using the services provided through the Website.

·      For the User to avail the services, the User will be directed to Register as a Member on the Website whereby You (User) agree to provide update, current and accurate information while filling up the sign-in form. All information that you fill and provide to the Website and all updates thereto are referred to in these Terms of Usage as "Registration Data."

·      An account could be created by you through the Website ID (Your Phone Number) and password (OTP) or other log-in ID and password which can include a facebook , gmail or any other valid email ID. The User while creating an account hereby represents and warrants that all the information provided by the User is current, accurate and complete and that the User will maintain the accuracy and keep the information updated from time to time. Use of another User’s account information for availing the services is expressly prohibited. If in case it is found that the information so supplied on the Website is inaccurate, incomplete, untrue and not current, the Website has the right to suspend or terminate the User’s account and restrict/refuse the use of the Website by such User in future.

·      The right to use this Website is personal to the User and is not transferable to any other person or entity. The User would be responsible for protecting the confidentiality of User’s passwords and other information required for the purposes of registration. The User would be fully responsible for all the activities that occur under the User’s account with the Website. The Website cannot and will not be liable for any loss or damage arising from the User’s failure to maintain secrecy and confidentiality. The User shall notify the Website immediately if they become aware of any unauthorized use of their Account(s) or breach of any security. The User must log out from its account at the end of the session.

·      The User while availing any service shall be informed whether the service so rendered is personal to the Website or is available from a Third party. The Website shall have no control or monitoring on the information disseminated to any third party via the Website.

·      The User agrees, understands and confirms that his/ her personal data including without limitation to details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the Website or the Payment Service Provider(s) have no control over such matters.

·      The Website does not permit the use of the Services by any User under the following conditions: -

§  If the User is a resident of any jurisdiction that may prohibit the use of the Services rendered by the Website.

§  If the User is a resident of any State/Country that prohibits by way of law, regulation, treaty or administrative act for entering into trade relations or/and

§  Due to any religious practices.

§  If the User has created multiple accounts using various mobile numbers. The User may not have more than one active account with the Website.

5.   FEATURE “CALL WITH ASTROLOGER”

The Website is providing certain service which is available through the medium of telecommunication with the Astrologer listed and enrolled with the Website. By agreeing to the present Terms of Usage, you are also giving your unconditional consent to the Website to arrange a call with you on your mobile number even though your number is on DND service provided by your mobile service provider.

6.   WEBSITE CONTENT

·      The Website and any individual Websites which may be available through external hyperlinks with the Website are private property.

·      All interaction on this Website inclusive of the guidance and advice received directly from the Licensed Provider must comply with these Terms of Usage.

·      The User shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.

·      The Website shall have a right to suspend or terminate access by such User or terminate the User’s registration and such User shall not gain access to the Website.

·      The Website reserves the right to terminate the access or to change or discontinue any aspect or feature of the Website including, but not limited to, content, graphics, deals, offers, settings, etc.

·      Any information other the guidance and advice, received directly from the Third-Party Service Provider, the educational, graphics, research sources and other incidental information on the Site, the content, should not be considered as medical advice.

·      The Website does not take guarantee regarding the medical advice, if provided, by the third-party service provider inclusive of registered astrologers with the site. The User should always talk to an appropriately qualified health care professional for diagnosis and treatment including information regarding which medications or treatment may be appropriate for the User. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. www.astroayurved.com does not endorse any specific tests, medications, products or procedures.

·      The Website does not take guarantee of any untoward incident that may happen with the User after seeking the Service. The Website or the Service Provider providing the advice is not liable and does not guarantee any results as expected by the User and accessing the Website in such scenario is purely at the risk of the User.

·      By using the Site, Application or Services, User hereby agrees that any legal remedy or liability that you seek to obtain for actions or omissions of other Members inclusive of the service provider registered with the Website or other third parties linked with the Website, shall be limited to claim against such particular party who may have caused any harm. You agree not to attempt to impose liability on or seek any legal remedy from the Website with respect to such actions or omissions.

7.   USER ACCOUNT ACCESS

The Website shall have access to the account and the information created by the User for ensuring and maintaining the high-quality services provided by the Website and for addressing the need of the customer in the most effective manner. User hereby consents for the unconditional access of the account by the Website, its employees, agents and other appointed person in such regard. For the purpose of addressing the complaints (if any received) and any suspected abuse reported, the Website shall investigate on case-to-case basis from the records available. The User is directed to read the terms provided in the Privacy Policy as regards such records.

8.   PRIVACY POLICY

The User hereby consents, expresses and agrees that the User has read and fully understand the Privacy Policy of the Website. The User further consents that the terms and contents of such Privacy policy is acceptable to the User inclusive of any update/alteration/change made and duly displayed on the Website.

9.   BREACH AND TERMINATION

·      The Website may, in whole or in part, without informing the User, modify, discontinue, change or alter the services ordered or the Account of the User registered with the Website. The Website may or may not issue notice or provide any reason for such action taken by the Website.

·      Violation of any conditions mentioned in this Terms of Usage shall lead to immediate cancellation of the Registration of the User, if registered with the Website. The Website reserves right to terminate and initiate action immediately, if:

§  The Website is not able to verify and authenticate the Registration data or any other relevant information provided by the User.

§  The Website believes that the actions of the User may cause legal liability for the Website, other Users or any service provider linked with the Website.

§  The Website believes that the User has provided the Website with false and misleading Registration Data or there is interference with the other Users or the administration of the services, or have violated the privacy policy as listed by the Website.

·      For the Service Provider inclusive of the Astrologer, You understand and agree that your relationship with the Website is limited to being a member and You act exclusively on your own behalf and for your own benefit. The Website may terminate and de-activate the Profile of such service provider for any violation of the present terms of usage and the Service Terms and Conditions agreed upon between the parties while registration of the data by such Service Provider.

10. DELIVERY, CANCELLATION AND REFUND

·      No refund shall be processed on the order of any reports under any circumstances if the order has reached the “processing” (Assigned to an Astrologer) stage. The risk and liability of placing order in a haste and careless manner totally lies with the User and the Website is not responsible for any refund once the processing stage has started.

·      No refund shall be processed once the Order has been placed and executed. However, if the User intends to cancel a successfully placed order before execution, the User is required to contact the customer care team within 1 (one) hour of making the payment, whereafter it is totally at the discretion of the Website whether to issue refund.

·      Any technical delay or glitch reported in the Website during the processing of the request which includes generating reports by the service provider i.e. Astrologer shall not be eligible for claiming refund. The User agrees that the timelines are approximate and all essentials steps would be taken to adhere to the timelines as displayed.

·      No refund shall be processed for the reason that in-correct information or data has been provided by You. The User agrees to be careful while providing any information to the Website and must re-check the information filled before clicking on “Submit”. The User can request for change in the in-correct information or data entered provided, the request for such change has been made with the customer care within 1 (one hour) of execution of the service rendered by the service provider.

·      No refund shall be processed for return of any damaged product. The User undertakes and agrees that by ordering any product as displayed on the Website, the Registered User shall be fully responsible for any damaged caused to the product, post its delivery. For orders made via “Cash on Delivery” method of payment, the User shall be charged for the cost of the product as displayed by the Website and the shipping/custom/courier charges as applicable, if the product is returned.

·      Refund on pro-rata basis may be considered for any delay in the activation of the subscription services and any damage that may be caused to the product while in transit shall be dealt by the Website and its agencies.

·      You agree that the display picture for the products listed for purchase by the User are for reference purpose only and the Website will try to deliver the product ordered in an as-is condition as displayed on the Website. The User is advised to exercise discretion in such case and no refund shall be issued on such grounds.

·      The services offered and the products sold are strictly not meant to replace any philosophical, emotional or medical treatment. The Website holds no responsibility or liability about the reality or reliability of the astrological effects on the human physiology, by the gems represented and sold on the Website. The placing of order for buying such products or taking the services is solely on the discretion and will of the User and the Website does not have any responsibility upon the products sold. The User is advised to exercise discretion in such case and no refund shall be issued on such grounds.

·      No refund shall be processed for providing a wrong contact number for the purpose of availing the “Call with Astrologer” feature. The User once opted for this feature is advised to keep the Contact Number in full coverage area and must answer the call when received. No refund shall be processed for any call which gets connected.

·      The refunds, if any, shall be processed after deduction of the transaction charges levied by the Bank and/or the Payment Gateway, to & fro cost of the shipping and/or courier charges (With regard to purchase of a product listed on the Website), customs duty (if levied) and/or any other charges that may have been incurred by the Website during processing and/or delivering the service, as applicable.

·      In case the Website or Payment gateway’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

§  In case the Bank Account appears to be debited, ensure that you do not make the payment twice and immediately thereafter contact the Website via customer care to confirm payment.

§  In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.

However, refund for multiple payment, if any, even after the above precaution against the same order shall be refunded in full without deduction of the transaction charges as mentioned above. The Website shall only retain the cost of one single order as intended to be placed by the User.

·      If there are orders that the Website is unable to accept and must cancel, the Website at its sole discretion, reserves the right to refuse or cancel any order for any reason whatsoever. Some situations may result in the order being cancelled and include, without limitation, non-availability of the service, inaccuracy, error in pricing information or other problems as identified. If the User’s order is cancelled after charges being paid against the said service, the said amount paid for booking shall be refunded.

11. USER OBLIGATION

The User (inclusive of the astrologer and the Member Customer) under an obligation not to violate the privacy policy, terms and conditions and any other terms as defined on the Website. The User represents that he is an individual and not a corporation or other legal business entity. The rights to use the Website’s services is personal to the User.The User shall while using the Website and engaged in any form of communication on any of the forums inclusive of the products listed on the Website shall not violate the terms and conditions which are inclusive of:-

·      The User shall not Post, publish or transmit any messages that is false, misleading, defamatory, harmful, threatening, abusive, harassing, defamatory, invades another's privacy, offensive, promotes racism, hatred or harm against any individual or group or religion or caste, infringes another's rights including any intellectual property rights or copyright or trademark, violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability.

·      The User shall not upload or post or otherwise make available any content that User do not have a right to make available, under any law or under contractual or fiduciary relationships.

·      The User shall not upload or post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. The User may, however, post excerpts of copyrighted material so long as they adhere to Fair Use guidelines.

·      The User shall not collect screen names and email addresses of members who are registered on the Website for purposes of advertisement, solicitation or spam.

·      The User shall not send unsolicited email, junk mail, spam, or chain letters, or promotions or advertisements for products or services.

·      The User shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer.

·      The User shall not engage in any activity that interferes with or disrupts access to the Website

·      The User shall not attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.

·      The User shall not violate any applicable laws or regulations for the time being in force within or outside India. The use and continuous use of the Website is subject to but not limited to using the services for personal use.

·      The User shall not resell or make any commercial use of the Services without the express written consent from the Website.

·      The User shall not violate these Terms of Usage including but not limited to any applicable Additional terms of the Website contained herein or elsewhere.

·      The User shall not Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

·      The User by becoming a Registered member of the Website agrees to the following situations, which list is not exhaustive and may include services incidental to the below mentioned: -

§  The User agrees to receive certain specific emails and SMS along with calls from the Website.

§  The User agrees not to transmit via the Website any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

§  The User not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

§  The User shall not interfere with any other members' use or enjoyment of the Website or Services.

§  The User is under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or anything which is in violation of this Agreement, you shall forthwith report such violation to Website by writing to Customer Care. On receipt of such complaint, Website may investigate such complaint and if necessary, may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of the subscription fee.

§  Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee.

§  The Website reserves the right to withdraw its services to any customer who is found to be unreasonable or abusive during their conversation with the Service Provider inclusive of astrologer regardless of any reason.

While the Website shall take all steps to resolve any situation that is in violation of the above obligations arises, however if the situation is not controllable, the Website reserves its right to send a written warning henceforth. Such violations, if repeated by the User, shall lead to a total ban for transacting on the platform by such User. If any balance is present in the wallet of the User, the same shall be refunded subject to the other charges that may be applicable for such violations.

12. BANK ACCOUNT INFORMATION

The User is under an obligation to provide his banking information as and when required. For that purpose, the obligation of the User are:-

·      The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.

·      The User may pay the fees required, to the Website by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:

§  The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;

§  The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;

·      The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.

The User further agrees that if any part of these Terms of Usage are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Usage shall continue in effect.

13. DISCLAIMER/LIMITATION OF LIABILITY/WARRANTY

The User expressly understands and agree that, to the maximum extent permitted by applicable law, the Website does not provide warranties for the service. Astrological counselling provided through the Website is based on cumulative or individual knowledge, experience and interpretations of astrologers and as such, it may vary from one astrologer to another.

·      The Website is offering services through a diverse panel of Astrologers duly verified by the Website and such Service Provider (Astrologer) may from time to time make recommendations of using mantras, jantras, gemstones or other astrological remedies to be used by User. Such recommendations are being made in good faith by the astrologers and the Website and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that :

§  the service will meet your requirements

§  the service will be uninterrupted, timely, secure or error-free

§  the results that may be obtained from the use of the service will be accurate or reliable

§   the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations and

§  any errors in the software will be corrected. You are required to make full disclosure about the emotional, mental and physical state of the person seeking advice from the panel of astrologers of Website so that the astrologers make an informed judgment about giving advice.

·      The Website, services and other materials are provided by the Website on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, the Website makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. no advice or information, whether oral or written, obtained by the User from the Website or through or from use of the services shall create any warranty not expressly stated in the terms of use.

·      To the maximum extent permitted by applicable law, the Website will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Website also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

·      The Website will not be liable for any loss that the User may incur as a consequence of unauthorized use of their account or account information in connection with the Website or any services or materials, either with or without the User’s knowledge. The Website has endeavour to ensure that all the information on the Website is correct, but the Website neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. The Website shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Website shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Website's control.

·      The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Website is not responsible for any typographical error leading to an invalid coupon. The Website accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

·      The Services provided by the Website are for entertainment purposes only and the Website on behalf of itself and its suppliers, disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, non-infringement and it makes no warranty or representation regarding the results that may be obtained from the use of content or services, the accuracy or reliability of any content obtained through the Services, any goods or services purchased or obtained through the Website, and makes no warranty that the services will meet your requirements, be uninterrupted, timely, secure or error-free. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty.

·      The services may consist of the following, without limitation: Astrological content, Reports, Tarot readings, fortunes, numerology, predictions, live telephone consultations, email consultations or products sold through www.astroayurved.com . www.astroayurved.com  charges for the chat/call service offered on this platform on per minute basis and holds no responsibility or liability about the reality or reliability of the astrological effects on the human physiology, by the gems, any other products or services represented and sold on the website. No advice or information, whether oral or written, obtained by you shall create any warranty.

·      The advisors/consultants/astrologers are also members of the site and not employees of the Website or the company. However, the Website verifies the degrees, qualifications, credentials, and background of the advisors/consultants/astrologers but does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information or other services provided by the advisors/consultants/astrologers or by the company, nor does it warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content, anything said or written by, or any advice provided by the advisors/consultants/astrologers.

·      The website is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue use of the services immediately at your discretion and please notify appropriate police or emergency medical personnel. If you are thinking about suicide, immediately call a suicide prevention helpline such as AASRA (91-22-27546669).

·      The Website shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Website and/or the payment service providers, its employees, directors, and its third party agents involved in processing, delivering or managing the services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the services.

Notwithstanding anything to the contrary contained herein, www.astroayurved.com  liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Website, for the service during the term of membership.

14. INDEMNIFICATION

The User shall indemnify, defend and hold harmless the Website and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from Your use of the Services, Your violation of the Privacy Policy or these Terms of Service, or Your violation of any third party's rights, including without limitation, infringement by You or any other user of Your account of any intellectual property or other right of any person or entity. These Terms of Service will inure to the benefit of Website’s successors, assigns, and licensees.

15. PROPRIETARY RIGHTS TO CONTENT

The User acknowledges that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or distributed via email, commercially produced information presented to Member by the Website, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. The User is not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by the Website, its suppliers, or advertisers. Moreover, the content such as images, text, designs, etc on all of the portals of the Website are taken from various online portals such as Google Images. www.astroayurved.com  or Holygallivant Pvt Ltd. is not liable for any copyrights of that content or data.

16. NOTICES

Except as otherwise stated in these Terms of Service, all notices to a party shall be in writing and shall be made either via email or snail mail. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit in the snail mail, to Member at the address provided by Member in the Registration Data and to the Website at the address set forth below:namaste@asroayurved.com

17. GOVERNING LAW AND JURISDICTION

·      Any dispute, claim or controversy arising out of or relating to this Terms of Usage including the determination of the scope or applicability of this Terms of Usage to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by Members and Website. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Kolkata. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

·      Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Kolkata in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of India and venue in Kolkata for any such proceeding. These Terms of Usage shall be governed by and construed in accordance with the laws of India without giving effect to any choice of law and principles that would require the application of the laws of a different state. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Usage or Privacy Policy to be unenforceable or invalid, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law, and the remainder of the Terms of Usage or Privacy Policy, as applicable, will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any waiver of any provision of the Terms of Usage shall be effective only if in writing and signed by www.astroayurved.com . These Terms of Usage constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

·      These Terms of Usage and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. The parties agree to submit any dispute arising under these Terms of Usage to the jurisdiction of a court located in Kolkata for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

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