What is a Terms and condition or TOC Statement
The Terms and condition or TOC statement is a document which lists the various terms and conditions by which the users of a particular website named in the document are bound. It is general practice to post a Terms and condition Statement on the home page of a website through a footer link and expect to receive acceptance from website users and customers through the act of visiting and surfing the said website. TOC statements carry legal weightage and are therefore maintained and updated by website owners regularly at all times.
There are two Terms and condition statements on this website. This is the primary Terms and condition statement and covers the contents and resources of the entire website. The secondary Terms and condition statement specifically covers and is applicable to the financial transactions in which you will engage when you purchase products and services from astromata.com. You can access this document from the product categories page or by clicking the following link:
E-commerce Terms and condition Statement
By using the website as well as its various functions and services, you agree to abide by and be bound by the terms and conditions concerning your access toastromata.comwhich are described in detail below:
astromata.com is at liberty to revise the Terms and condition Statement displayed here at any time without any prior notice. Specific sections of the website may display TOC statements that are specific to that section of the website. In this case, the TOC statement specific to a section of the website will override the general TOC statement displayed herein.
astromata.com does not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a specific purpose, with respect to any information, data, statements or resources made available on the website.
astromata.com cannot be held responsible either directly or indirectly for any damage to your computer system(s) or loss of your computer data caused due to downloads, streaming and browsing. We expect our users to install the latest versions of anti-virus and malware from reputed companies and update their definitions regularly. Video content presented on the website featuring astrological activity is provided without warranty of any sort and is to be used for reference purposes only.
All the content, including both textual and visual content present on this website, is the exclusive property of astromata.com. The text, images, software, graphics, captions, video and audio utilized onastromata.com belongs to the owners of astromata.com. No material from this site may be replicated, altered, reproduced, uploaded to servers, republished, transmitted, distributed or posted in any way, shape or form whatsoever without the prior written consent from astromata.com.
astromata.com assumes no liability or responsibility when you visit the website and transition to other websites through the links we provide. These links are provided to you for reference and facilitation purposes only and include those Internet web properties with whomastromata.comhas either a business or reciprocal relationship as a part of a link exchange agreement.
The products and services provided to you on astromata.com are made available to you on an “as is” basis and are not subject to warranties and serviceability agreements unless otherwise specified.
Unauthorized use of content that is proprietary in nature and appears onastromata.comis a violation of international copyright law, trademark and other applicable laws pertaining to intellectual property and will result in the imposition of criminal penalties.
astromata.com cannot be held liable for damages of any type, including but not limited to direct, incidental or consequential damages including damages for interruption of business, loss of revenue and loss of materials arising out of the use of or inability to use astromata.com, or any data displayed on the web property, or any claim attributable to errors, omissions or other inaccuracies in the Products and services thereof. Several legal jurisdictions do not permit such limitations or exclusion of liability as described above. Therefore, some of these limitations may not apply to you.
By visiting astromata.com, you agree to indemnify, defend and hold astromata.com harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any misuse by the User of the content and services provided on astromata.com
By becoming a Member of the Site /astromata.com Service, you agree to receive certain specific emails and SMS from astromata.com. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of theastromata.com service, contains the entire agreement between you and astromata.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Terms and Conditions of Usage & Refund and Cancellation Policy
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 ASTROMATA ASTRO SERVICE PVT. LTD. SERVICES through www.astromata.com (hereinafter referred as We Astromata us our Astromata application Website). clicking the following link: Terms and Conditions, Refund and Cancellation Policy
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.
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.
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 (hereinafter 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.
Registration And Eligibility
- 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.
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.
- 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./li>
- 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. Astromata 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.
User Account Access
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.
- 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.
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./li>
- 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.
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.
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.
- 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 endeavored 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 Astromata Shop. Astromata 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 Astromata 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.
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. Astromata 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:Spring House C28C Lower Ground Sector - 8 Noida Uttar Pradesh - 201301 India
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 New Delhi. 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 New Delhi 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 New Delhi for any such proceeding. If either party files an action contrary to this provision the other party may recover attorneys fees and costs up to One Lakh Rupees INR.
- 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 New Delhi 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.