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.
the content and services available on this website to you subject to the
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
Please review our privacy-policy so that you may
understand our privacy practices.
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.
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.
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.
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.
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
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.
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.
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.
Features, Functionality And Events
www.astroayurved.com may offer certain special
features and functionality or events (such as contests, promotions or other
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
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
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.
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.
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: firstname.lastname@example.org
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
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
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.
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.
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
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.
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: email@example.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
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
If you have any questions regarding these Terms and
Conditions, please email us at: firstname.lastname@example.org.
Worldwide Copyright © Holygallivant Pvt Ltd. (brand
owners www.astroayurved.com). All worldwide rights reserved.
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 ”
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
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
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
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.
regards such records.
The User hereby consents, expresses and agrees that the
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
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
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
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.
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
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
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
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
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
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
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
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
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
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.
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.
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
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.
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:email@example.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
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
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.