Last Updated: 30/11/2017
THE SITE, APP AND Services COMPRISE AN ONLINE PLATFORM THROUGH WHICH SERVICE PROVIDERS (DEFINED BELOW) MAY CREATE POSTINGS (DEFINED BELOW) FOR PRODUCTS & Services (DEFINED BELOW) AND customers (DEFINED BELOW) MAY LEARN ABOUT AND ORDER PRODUCTS & Services. YOU UNDERSTAND AND AGREE THAT IndianAstroExperts IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SERVICE PROVIDERS AND customers. IndianAstroExperts HAS NO CONTROL OVER THE QUALITY OF THE PRODUCTS & Services, CONDUCT OF SERVICE PROVIDERS, customers AND OTHER USERS OF THE SITE, APP AND Services OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“IndianAstroExperts Content” means all Content that IndianAstroExperts makes available through the Site, App, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and IndianAstroExperts Content.
“Content” means text, graphics, images, music, software (excluding the App), audio, video, information or other materials.
“customer” means a Member who requests to ORDER PRODUCTS & Services via the Site, App or Services, or a Member who consumes PRODUCTS & Services prepared by the Service Provider and marketed via IndianAstroExperts .
“Service Provider” means a Member who prepares and/or serves PRODUCTS & Services via the Site, App or Services.
“Product or Service” means any PRODUCTS & Services listing offered by a Service Provider and available for ordering via the Site, App, or Services.
“Member” means a person who completes IndianAstroExperts account registration process, including, but not limited to SERVICE PROVIDERS and customers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, App or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and Services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and App (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, App, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, App, Services, or Collective Content.
You acknowledge and agree that, by accessing or using the site, app or Services or by downloading or posting any content from or on the site, via the app or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and app. If you do not agree to these terms, then you have no right to access or use the site, app, Services, or collective content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site, App and Services are intended solely for persons who are 18 or older. By accessing or using the Site, App or Services you represent and warrant that you are 18 or older. Those under 18 may ORDER IndianAstroExperts Product or Services when authorized by a parent or guardian over the age of 18.
How the Site, App and Services Work
Account (defined below).
As stated above, IndianAstroExperts makes available a marketplace with related technology for SERVICE PROVIDERS and customers to connect online and share Product or Services. IndianAstroExperts is not an owner or operator of PRODUCTS & Services establishments, including, but not limited to, shops & businesses or their agencies. IndianAstroExperts does not provide PRODUCTS & Services materials for SERVICE PROVIDERS. IndianAstroExperts role is solely to facilitate the availability of Product or Services. Similarly, IndianAstroExperts is not a contracting agent or representative of any Service Provider. Instead, IndianAstroExperts role is solely to facilitate the availability of the Site, App and Services for Members and to provide Services related thereto. To facilitate the provision of Services by some service providers, IndianAstroExperts may collect payments for reserves on their behalf and distribute it to them later after a pre-defined period post deduction of administrative charges, which would have been agreed to by the service provider in advance. IndianAstroExperts will purely act as payment collector agent in this role and will bear no liability for quality or delivery of products and service. Any consumer rights a customer has in context of distance shopping online will still apply and refunds if eligible will be processed by IndianAstroExperts as agent of a service provider on instruction of a service provider.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APP AND Services ARE INTENDED TO BE USED TO FACILITATE THE ordering OF Product or Services. IndianAstroExperts CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY Product or Services AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY Product or Services. IndianAstroExperts IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL Product or Services. ACCORDINGLY, ANY reserves WILL BE MADE AT THE customer’s OWN RISK.
In order to access certain features of the Site and App, and to book a Product or Service or create a Product or Service, you must register to create an account (“IndianAstroExperts Account”) and become a Member. You may register to join the Services directly via the App or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our App, as described below. As part of the functionality of the Site, App and Services, you may link your IndianAstroExperts Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to IndianAstroExperts through the Site, Services or App; or (ii) allowing IndianAstroExperts to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to IndianAstroExperts and/or grant IndianAstroExperts access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating IndianAstroExperts to pay any fees or making IndianAstroExperts subject to any usage limitations imposed by such third party service providers. By granting IndianAstroExperts access to any Third Party Accounts, you understand that IndianAstroExperts will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and App via your IndianAstroExperts Account and IndianAstroExperts Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your IndianAstroExperts Account on the Site, Services and App. Please note that if a Third Party Account or associated service becomes unavailable or IndianAstroExperts access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and App. You have the ability to disable the connection between your IndianAstroExperts Account and your Third Party Accounts, at any time, by accessing the “Profile” section of the App.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
IndianAstroExperts makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and IndianAstroExperts is not responsible for any SNS Content.
We will create your IndianAstroExperts Account and your IndianAstroExperts Account profile page for your use of the Site and App based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active IndianAstroExperts Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. IndianAstroExperts reserves the right to suspend or terminate your IndianAstroExperts Account and your access to the Site, App and Services if you create more than one (1) IndianAstroExperts Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your IndianAstroExperts Account, whether or not you have authorized such activities or actions. You will immediately notify IndianAstroExperts of any unauthorized use of your IndianAstroExperts Account.
IndianAstroExperts reserves the right, at its sole discretion, to modify the Site, App or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the App or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, App or Services after we have posted a modification on the Site or via the App or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Services.
IndianAstroExperts does not endorse any Members or any Product or Services. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, App and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from IndianAstroExperts with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Product or Services made by you. Product or Services
As a Member, you may create Product or Services. To this end, you will be asked a variety of questions about the Product or Service to be listed, including, but not limited to, the number of stock, quality, duration of availability, and pricing and related rules and financial terms. In order to be featured in Product or Services via the Site, App and Services, all Product or Service must have valid physical addresses. Product or Services will be made publicly available via the Site, App and Services. Other Members will be able to ORDER your Product or Service via the Site, App and Services based upon the information provided in your Product or Service. You understand and agree that once a customer requests a Product or Service, the price for such ordering may not be altered.
You acknowledge and agree that you are solely responsible for any and all Product or Services you post. Accordingly, you represent and warrant that any Product or Service you post and the ordering of a Product or Service you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Product or Service you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and PRODUCTS & Services and (b) not conflict with the rights of third parties. Please note that IndianAstroExperts assumes no responsibility for a Service Provider’s compliance with any applicable laws, rules and regulations.
You understand and agree that IndianAstroExperts does not act as an insurer or as a contracting agent for, or representative of, you as a Service Provider, and if a customer requests a your Product or Service and consumes your Product or Service, any agreement you enter into with such customer is between you and the customer and IndianAstroExperts is not a party thereto. Please note that IndianAstroExperts reserves the right, at any time and without prior notice, to remove or disable access to any Product or Service for any reason, including Product or Services that IndianAstroExperts, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.
Orderings and Financial Terms
Orderings and Financial Terms for SERVICE PROVIDERS
The fees displayed in each Product or Service are comprised solely of the Product or Service Fees (defined below). Platform Service Fees (defined below) and Taxes, where applicable, may be charged in addition to the Product or Service Fees. The Product or Service Fees, the Platform Service Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a customer solely relating to a Service Provider’s Product or Service are the “Product or Service Fees”. Please note that it is the Service Provider and not IndianAstroExperts which determines the Product or Service Fees. IndianAstroExperts charges a platform use and admin fee to Service Providers based upon a percentage of applicable Product or Service Fees, which are the “Platform Service Fees”. The Platform Service Fees are deducted from the Product or Service Fees upon payment and are not added to the total Fees displayed in the applicable Product or Service. IndianAstroExperts will collect the Total Fees at the time of ordering confirmation and will remit the Product or Service Fees to the Service Provider within 35 calendar days or 25 business days (mon-fri not including state holidays).
Please note “we” reserve the right to distribute affiliate commissions and promotional discount codes valuing not more than 10% of the value of your product & services without specifically asking you for permission in writing for each such promotional activity. The discount codes deduction will apply on total fees on the platform on your product or services whereas the affiliate commission deduction will apply on remittance from “us” to you as “service provider”. These deductions will be on top of “platform service fees” which apply on remittance from “us” to you as “service provider”.
Please note that IndianAstroExperts does not currently charge fees for the creation of Product or Services. However, you acknowledge and agree that IndianAstroExperts reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Product or Services. Please note that IndianAstroExperts will provide notice of any Product or Service fee collection via the Site, App and Services, prior to implementing such a Product or Service fee feature.
Orderings and Financial Terms for customers
The SERVICE PROVIDERS, not IndianAstroExperts, are solely responsible for honoring any confirmed orderings and making available any Product or Services ORDERED through the Site, App and Services. If you, as a customer, choose to enter into a transaction with a Service Provider for the ordering of an Product or Service, you agree and understand that you have entered into an agreement with the Service Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Product or Service outlined by the Service Provider in the posting of the Product or Service. You acknowledge and agree that you, and not IndianAstroExperts, will be responsible for performing the obligations of any such agreements, and IndianAstroExperts is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
If a requested ordering is cancelled by the Service Provider, any amounts collected by IndianAstroExperts will be refunded to such customer. You agree to pay IndianAstroExperts for the Total Fees for any orders requested in connection with your IndianAstroExperts Account if such requested orders are confirmed. In order to establish a order and obtain confirmation of your requested order, you understand and agree that IndianAstroExperts will charge your credit card/payment account/wallet account/net banking for the Total Fees. Please note that IndianAstroExperts cannot control any fees that may be charged to a customer by his or her bank related to IndianAstroExperts collection of the Total Fees, and IndianAstroExperts disclaims all liability in this regard.
Platform Service Fees
In consideration for providing the Services, IndianAstroExperts collects service fees from Service Providers (“Platform Service Fees”). Product or Service fees will be remitted to SERVICE PROVIDERS via check or direct deposit.
General ordering and Financial Terms
Cancellations and Refunds
customers cannot cancel their orderings once confirmed.
If a Service Provider cancels a confirmed order made via the Site, Services, and App, IndianAstroExperts will refund the Total Fees for such order to the applicable customer within a commercially reasonable time of the cancellation.
Email to support@IndianAstroExperts.com within 48 hours of cancellation of the Product or Service by the service provider. In the case of a refund, the Service Provider will not receive the associated Product or Service fees.
In connection with your use of our Site, App and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, App or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, App, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an IndianAstroExperts customer or Service Provider;
- register for more than one IndianAstroExperts Account or register for a IndianAstroExperts Account on behalf of an individual or business other than yourself;
- contact a Service Provider for any purpose other than asking a question related to a ordering, such as a Service Provider’s Product or Services;
- contact a customer for any purpose other than asking a question related to a ordering or such customer’s use of the Site, App and Services;
- when acting as a customer or otherwise, recruit or otherwise solicit any Service Provider or other Member to join third party Services or websites that are competitive to IndianAstroExperts, without IndianAstroExperts prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, App or Services;
- use the Site, App and Services to find a Service Provider or customer and then complete a ordering of a Product or Service transaction independent of the Site, App or Services in order to circumvent the obligation to pay any Platform Service Fees related to IndianAstroExperts provision of the Services;
- as a Service Provider, submit any Product or Service with false or misleading price information, or submit any Product or Service with a price that you do not intend to honor; or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or App, or any individual element within the Site, Services, or App, IndianAstroExperts name, any IndianAstroExperts trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without IndianAstroExperts express written consent;
- access, tamper with, or use non-public areas of the Site or App, IndianAstroExperts computer systems, or the technical delivery systems of IndianAstroExperts providers;
- Attempt to probe, scan, or test the vulnerability of any IndianAstroExperts system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by IndianAstroExperts or any of IndianAstroExperts providers or any other third party (including another user) to protect the Site, Services, App or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, App or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing. IndianAstroExperts will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. IndianAstroExperts may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that IndianAstroExperts has no obligation to monitor your access to or use of the Site, App, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, App and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. IndianAstroExperts reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that IndianAstroExperts, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. IndianAstroExperts cannot and does not offer Tax-related advice to any Members of the Site, App and Services. Additionally, please note that each Service Provider is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Product or Services.
IndianAstroExperts Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, IndianAstroExperts grants you a limited, non-exclusive, non-transferable license, to (i) access and view any IndianAstroExperts Content solely for your personal and noncommercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, App, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by IndianAstroExperts or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, App and Services, you hereby grant to IndianAstroExperts a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site, App and Services. IndianAstroExperts does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to IndianAstroExperts the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or IndianAstroExperts use of the Member Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, App and Services may contain links to third-party websites or resources. You acknowledge and agree that IndianAstroExperts is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by IndianAstroExperts of such websites or resources or the content, products, or Services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Services on or available from such websites or resources.
The Site, App, Services, and Collective Content are protected by copyright, trademark, and other laws of the INDIA and foreign countries. You acknowledge and agree that the Site, App, Services and Collective Content, including all associated intellectual property rights is the exclusive property of IndianAstroExperts and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App, Services, or Collective Content.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of IndianAstroExperts used herein are trademarks or registered trademarks of IndianAstroExperts. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, App and Services (“Feedback”). You may submit Feedback by emailing us at support@IndianAstroExperts.com section of the Site and App. You acknowledge and agree that all Feedback will be the sole and exclusive property of IndianAstroExperts and you hereby irrevocably assign to IndianAstroExperts and agree to irrevocably assign to IndianAstroExperts all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At IndianAstroExperts request and expense, you will execute documents and take such further acts as IndianAstroExperts may reasonably request to assist IndianAstroExperts to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Termination and IndianAstroExperts Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, App and Services, and (b) deactivate or cancel your IndianAstroExperts Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event IndianAstroExperts terminates these Terms, or your access to our Site, App and Services or deactivates or cancels your IndianAstroExperts Account you will remain liable for all amounts due hereunder. You may cancel your IndianAstroExperts Account at any time by sending an email to support@IndianAstroExperts.com. Please note that if your IndianAstroExperts Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, App and Services, including, but not limited to, any reviews or Feedback.
IndianAstroExperts respects copyright law and expects its users to do the same. It is IndianAstroExperts policy to terminate in appropriate circumstances the IndianAstroExperts Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
If you choose to use the site, app, Services, you do so at your sole risk. You acknowledge and agree that IndianAstroExperts does not conduct background checks on any member, including, but not limited to, customers and SERVICE PROVIDERS. The site, app, Services, and collective content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, IndianAstroExperts explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. IndianAstroExperts makes no warranty that the site, app, Services, collective content, including, but not limited to, the Product or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. IndianAstroExperts makes no warranty regarding the quality of any Product or Services, the Services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, app, or Services.
No advice or information, whether oral or written, obtained from IndianAstroExperts or through the site, app, Services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the site, app or Services and with other persons with whom you communicate or interact as a result of your use of the site, app or Services, including, but not limited to, any SERVICE PROVIDERS or CUSTOMERS. You understand that IndianAstroExperts does not make any attempt to verify the statements of users of the site, app or Services or to review or visit any SERVICE PROVIDERS. IndianAstroExperts makes no representations or warranties as to the conduct of users of the site, app or Services or their compatibility with any current or future users of the site, app or Services. You agree to take reasonable precautions in all communications and interactions with other users of the site, app or Services and with other persons with whom you communicate or interact as a result of your use of the site, app or Services, including, but not limited to, CUSTOMERS and SERVICE PROVIDERS, particularly if you decide to meet offline or in person.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, app, Services and collective content, and your Product or Service or ordering of any Product or Services via the site, app and Services remains with you. Neither IndianAstroExperts nor any other party involved in creating, producing, or delivering the site, app, Services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or Services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, app, Services or collective content, from any communications, interactions or meetings with other users of the site, app, or Services or other persons with whom you communicate or interact as a result of your use of the site, app, Services, or from your Product or Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not IndianAstroExperts has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will IndianAstroExperts aggregate liability arising out of or in connection with these terms and your use of the site, app and Services including, but not limited to, from your Product or Service, or from the use of or inability to use the site, app, Services, or collective content, exceed the amounts you have paid or owe for orderings via the site, app and Services as a customer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Service Provider, the amounts paid by IndianAstroExperts to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred rupees (rs100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between IndianAstroExperts and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You may not assign or transfer these Terms, by operation of law or otherwise, without IndianAstroExperts prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. IndianAstroExperts may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by IndianAstroExperts (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If the Service Provider or customer is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to IndianAstroExperts by contacting us with your police station and report number at support@IndianAstroExperts.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You agree to release, defend, indemnify, and hold IndianAstroExperts and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, App, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) ordering of a Product or Service, (iii) creation of a Product or Service or (iv) the use, condition or rental of a Product or Service by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, ordering or use of a Product or Service.
These Terms constitute the entire and exclusive understanding and agreement between and IndianAstroExperts you regarding the Site, App, Services, Collective Content, and any orderings of Product or Services made via the Site, App and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between IndianAstroExperts and you regarding orderings of Product or Services, the Site, App, Services, and Collective Content.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Delhi and INDIA, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in 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, as set forth in the Dispute Resolution provision below.
You and IndianAstroExperts agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or App (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you and IndianAstroExperts are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and IndianAstroExperts otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The failure of IndianAstroExperts to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of IndianAstroExperts. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact IndianAstroExperts at support@IndianAstroExperts.com.