Terms & Conditions
PLEASE READ THIS IMPORTANT DISCLAIMER CAREFULLY:
THE SERVICES ARE PROVIDED TO YOU AT YOUR OWN RISK. YOU
ARE USING THE SERVICES FOR OBTAINING ASTROLOGICAL CONSULTATIONS ONLY. THE ASTROLOGY PARTNER MAY PROVIDE SUCH
CONSULTATION BY USAGE OF VEDIC ASTROLOGY, TAROT READING, VAASTU, NUMEROLOGY, WESTERN ASTROLOGY OR ANY OTHER
SUCH METHOD THAT MAY BE INFORMED TO YOU. YOU AGREE THAT ASTROLOGICAL CONSULTATION IS INHERENTLY SUBJECTIVE
IN NATURE AND DIFFERENT ASTROLOGERS MAY ARRIVE AT VARYING OR EVEN CONFLICTING RESULTS, DESPITE FOLLOWING
SIMILAR METHODS. THE COMPANY, ASTROLOGER PARTNERS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, ASSURANCES OR
REPRESENTATIONS AS TO THE CORRECTNESS OR ACCURACY OF ANY ADVICE, PREDICTION OR REMEDY PROVIDED THROUGH THE
SERVICES. YOU HEREBY AGREE AND ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR OR AS
COMPLEMENTARY TO ACTUAL MEDICAL, LEGAL OR OTHER SUCH PROFESSIONAL ADVICE THAT YOU MAY OBTAIN.
-
GENERAL
- These terms and conditions for use of Rishivar and provision of associated web services
(“Terms”)
together with the accompanying schedule containing the refund policy, shall govern the access or
use
by
you of Rishivar Mobile Application, website, content, products, and services provided in
relation to
it
(“Services”) including by way of mobile application and associated web and teleservices made
available
by Codesate Technologies (“OPC Company”).
- Your access and use of Services constitutes your agreement to be bound by these Terms, which
establishes a contractual relationship between you and the Company. If you do not agree with
these
Terms, you may not access or use the Services. These Terms expressly supersede all prior
agreements
or
arrangements with you.
- The Company may immediately and without notice terminate these Terms or your access and/or use
of
any
Services with respect to you, at any time for any reason. Supplemental terms may apply to
certain
Services, such as policies for a particular event, activity, or promotion, and such
supplementary
terms
will be disclosed to you at the time of provision of such Services. All supplementary terms
shall be
in
addition to, and shall be deemed a part of the Terms as far as it relates to provision of such
Services.
In the event of a conflict between these Terms and supplementary terms, the supplementary terms
shall
prevail.
- The Company may amend the Terms related to the Services from time to time. Such amendments shall
be
effective upon the Company’s posting of such updated Terms at this location or the amended
policies
or
supplemental terms on the applicable Service. Your continued access or use of the Services after
such
posting constitutes your consent to be bound by such amended Terms.
- Failure of the Company to insist, in any one or more instances, on your performance of any of
your
obligations under these Terms shall not be construed as a waiver or relinquishment of any of the
Company’s rights, and your obligations hereunder shall continue to remain in full force and
effect.
-
SERVICES
- The Services constitute a web-based technology platform that enables users of the Company’s
mobile
application, or websites provided as part of the Services (each, an “Application”), to obtain
astrological consultation from independent third party astrologers under agreement with the
Company
(“Astrologer Partners”). You acknowledge that the Company does not provide any astrological
consultation, and all such consultations are provided by independent third-party contractors,
who
are
not employed by the Company or its affiliates.
- The Services are made available solely for your personal, non-commercial use. Subject to your
compliance
with these Terms, the Company hereby grants you a limited, non-exclusive, non-sublicensable,
revocable,
non-transferable license to:
- access and use the Applications on your personal device solely in connection with your use
of
the
Services; and
- access and use any content, information and related materials that may be made available
through
the
Services, in each case solely for your personal, non-commercial use. Any rights not
expressly
granted herein are reserved by the Company and its licensors.
- You may not:
- remove any copyright, trademark or other proprietary notices from any portion of the
Services;
- reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell,
resell,
transfer, publicly display, publicly perform, transmit, record, stream, broadcast or
otherwise
exploit the Services, except as expressly permitted by the Company;
- decompile, reverse engineer or disassemble the Services except as may be permitted by
applicable
law;
- link to, mirror or frame any portion of the Services;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or
otherwise data mining any portion of the Services or unduly burdening or hindering the
operation
and/or functionality of any aspect of the Services; or
- attempt to gain unauthorized access to or impair any aspect of the Services or its related
systems
or networks.
- The Services may be made available or accessed in connection with third-party services and
content
(including advertisement) that the Company does not control. You acknowledge that different
terms of
use
and privacy policies may apply to your use of such third-party services and content. The Company
does
not endorse such third-party services and content and in no event shall be responsible or liable
for
any
products or services of such third-party providers.
- The Services and all rights therein are and shall remain the Company’s property or the property
of
the
Company’s licensors. Neither these Terms nor your use of the Services convey or grant to you any
rights:
- in or related to the Services except for the limited licence granted above; or
- to use or reference in any manner the Company’s names, logos, product and service names,
trademarks
or services marks or those of the Company’s licensors.
- In order to use most aspects of the Services, you must register for and maintain an active
personal
user
account (“Account”). You must be at least 18 years of age to obtain an Account. Registration for
the
Account may require you to submit to the Company certain personal information, such as your
name,
place
of birth, date of birth, time of birth, and mobile phone number. Additionally, you may be
required
to
submit payment related information. You may also create an Account by using third-party services
such as
Facebook, Google or Apple. In the event the Account is created by using third-party services,
you
hereby
authorize the Company to access and obtain all relevant data available thereon. You further
agree
that
you shall be responsible to ensure security of such third-party account, and any breach of such
security
may adversely affect your Account and the Services, for which the Company shall not be liable.
You
may
not create, possess or operate more than one Account at any given point in time.
- You agree to maintain accurate, complete and up-to-date information in your Account. Your
failure to
maintain accurate, complete and up-to-date information in your Account may adversely affect the
provision of Services. You are responsible for all activity that occurs under your Account, and
you
agree to maintain the security and secrecy of your Account username and password at all times.
Unless
otherwise permitted by the Company, you may only possess one Account.
- The Service is not available for use by persons under the age of 18. You may not authorize third
parties
to use your Account, and you may not allow persons under the age of 18 to receive Services from
Astrologer Partners, unless supervised by you. You may not assign or otherwise transfer your
Account
to
any other person or entity. You agree to comply with all applicable laws when using the
Services,
and
you may only use the Services for lawful purposes. You will not, in your use of Services, cause
nuisance, annoyance, or inconvenience whether to the Astrologer Partner or any other party.
- By creating an Account and providing your mobile phone number, you agree that you may be sent
text
(SMS)
messages as part of your use of the Services. You may opt-out of receiving text (SMS) messages
from
the
Company at any time by accessing the in-app customer support or by sending an email to
help@gurujiastro.com. You acknowledge that opting out of receiving text (SMS) messages may
impact
your
use of the Services.
- The Company may, in its sole discretion, create promotional codes that may be redeemed for
Account
credit, or other features or benefits related to the Services, subject to any additional terms
that
the
Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
- must be used for the intended audience and purpose, and in a lawful manner;
- may not be duplicated, sold or transferred in any manner or made available to the general
public,
unless expressly permitted by the Company;
- may be disabled by the Company for any reason without liability to the Company;
- may only be used pursuant to the specific terms that Company establishes for such Promo
Codes;
- are not valid for cash; and
- may expire prior to your use. The Company reserves the right to withhold or deduct credits
or
other
features or benefits obtained through the use of Promo Codes by you or any other user in the
event
that the Company determines or believes that the use or redemption of the Promo Code was in
error,
fraudulent, illegal or in violation of the applicable Promo Code terms or these Terms.
- You are responsible for obtaining the data network access necessary to use the Services. Your
mobile
network’s data and messaging rates and fees may apply if you access or use the Services from a
wireless-enabled device and you shall be responsible for such rates and fees. You are
responsible
for
acquiring and updating compatible hardware or devices necessary to access and use the Services
and
Applications and any updates thereto. The Company does not guarantee that the Services, or any
portion
thereof will function on any particular hardware or devices. In addition, the Services may be
subject to
malfunctions and delays inherent in the use of internet and electronic communications.
-
PAYMENT
- For availing certain parts of Services, you may be required to purchase in-app credits
(“Credits”)
by making payments in Indian National Rupees (INR). The Credits will be stored in your Account
and a
summary of the transactions carried out using the same will be available to you. In the event
the
Account is compromised and any Credits are utilized, spent, or lost, you agree that the Company
shall not be liable to reimburse the same. You further agree that Credits cannot be transferred
to
another Account.
- Credits may be spent by gifting various in-app items to Astrologer Partners. Credits may also be
spent for voice and/or video-based consultation with the Astrologer Partners, for which Credits
shall be deducted for each minute of consultation, or part thereof, as per the rates informed to
you
by the Company. The rates chargeable for such consultation shall be determined by the Company,
and
may vary for different Astrologer Partners. Such rates may also be revised by the Company from
time
to time, without any specific notification to that effect. You agree that such rates are only
intended to compensate the Astrologer Partners for the time and effort expended by them, and not
towards any product thereof, such as prediction, advice or remedy that may be generated by
expending
such time and effort.
- After you spend the Credits, the Company will facilitate payment to the concerned Astrologer
Partner
of a sum equivalent to the value of spent Credits. All payments made by you shall be inclusive
of
all applicable taxes. This payment structure is intended to fully compensate the Astrologer
Partner
for the services received by you and you shall not be required to pay any other amounts to the
Astrologer Partner.
- After you have received services from an Astrologer Partner, you will have the opportunity to
provide ratings and reviews. The Company reserves the right to moderate and edit any rating
and/or
review that may be submitted by you.
- The Company may, from time to time, provide certain users with promotional offers, subscriptions
and
discounts that may result in different amounts being charged for the same or similar services
obtained through the use of the Services, and you agree that such promotional offers,
subscriptions
and discounts, unless also made available to you, shall have no bearing on your use of the
Services,
or the payments to be made by you.
- Credits, once purchased, cannot be refunded. All transactions made using Credits, unless stated
otherwise, are final and irreversible. In the event you have purchased in-app currency and are
dissatisfied with the Services, you may contact the Company’s quality assurance representatives
at
help@rishivar.com and lodge a complaint. For such complaints to be valid, the same has to be
received within seven (7) days of occurrence of the event giving rise to such dissatisfaction.
Any
requests for refund shall be processed by the Company as per its refund policy, which is
appended to
these Terms by way of a schedule, and is available at [refund policy]. The said refund policy
shall
form a part of these Terms.
- In case you have any other query or require support regarding the Services, you may contact the
Company’s support representatives using the in-app customer support chat or write at
help@rishivar.com
-
WARRANTIES AND DISCLAIMERS
- The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Company disclaims all
representations and warranties, express, implied or statutory, not expressly set out in these
Terms,
including the implied warranties of merchantability, fitness for a particular purpose and
non-infringement. In addition, the Company or the Astrologer Partners make no representation,
warranty
or guarantee regarding the accuracy, reliability, quality, relevance or use of the Services, or
that
the
Services will be uninterrupted or error-free. The Company does not guarantee the quality,
suitability,
or ability of Astrologer Partners. You agree that the entire risk arising out of your use of the
Services remains solely with you, to the maximum extent permitted under applicable law.
- The Company shall not be liable for indirect, incidental, special, exemplary, punitive or
consequential
damages, including lost profits, lost data, personal/mental injury or property damage related
to, in
connection with, or otherwise resulting from any use of the Services, even if the Company has
been
advised of the possibility of such damages.
- Neither the Company or Astrologer Partner shall be liable for any damages, liability or losses
arising
out of:
- inaccuracy of any prediction made by an Astrologer Partner as a part of provision of
Services;
- acts of omission or commission by you or a third-party relating to consultation provided by
an
Astrologer Partner, as a part of the Services.
- The Company shall not be liable for any damages, liability or losses arising out of
- your use of or reliance on the Services or your inability to access or use the Services; or
- any independent transaction or relationship between you and any Astrologer Partner, even if
the
Company has been advised of the possibility of such damages.
- In no event shall the Company’s total liability to you exceed a sum equivalent to the actual
value
of
the in-app currency expended by you in the 30-days prior to the occurrence of the incident
giving
rise
to the liability.
- While the Services may be used by you to obtain astrological consultation, you agree that the
Company
does not provide any astrological consultation and has no responsibility or liability to you
related
to
any astrological consultation, other than as expressly set forth in these Terms.
-
YOUR INFORMATION
- During the provision of Services, including while accessing Rishivar Mobile Application, the
Company
may collect, process and store your data, including your personal information. The Company’s
policy
regarding its practices, type of data or information collected, purpose of collection and usage,
disclosure and security practices and procedures adopted by it may be accessed at [privacy
policy].
You
may not access or avail the Services in the event you do not agree with the said policy.
- Without prejudice to consent granted under the said policy, you hereby expressly consent to the
Company
sharing your data or personal information with statutory authorities and third parties, in the
event
of
an accident or complaint involving you or an Astrologer Partner.
-
WAIVER
- You hereby authorize and give consent to the Company to send you, either through itself or
through
any
third party service provider, from time to time various information / alerts / SMS / other
messages
or
calls or commercial communication, and other services on the telephone numbers provided by you,
whether
these numbers are registered with National Do Not Call Registry / listed in National Customer
Preference
Register or not. I also confirm that by sending of any such messages / calls, I will not hold
the
Company or its third party service providers liable / institute complaint under the Telecom
Commercial
Communications Customer Preference (TRAI) Regulations, 2010 or such applicable regulations
including
any
amendment thereof, as may be applicable from time to time. In case you wish to stop this
service,
you
may contact the Company by accessing the in-app customer support, or by writing an email at
help@rishivar.com, until which time this waiver shall continue to remain in effect.
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INDEMNITY
- You agree to indemnify and hold the Company and its affiliates, officers, directors, employees
and
agents harmless from any and all claims, demands, losses, liabilities, and expenses (including
legal)
arising out of or in connection with
- you use of the Services;
- your breach or violation of any of these Terms; or
- your violation of the rights of any third party, including Astrologer Partners.
-
JURISDICTION AND DISPUTE RESOLUTION
- Except as otherwise set forth in these terms, these Terms shall be exclusively governed by and
construed in
accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or
broadly
in
connection with or relating to the Services or these Terms, including those relating to its
validity,
its
construction or its enforceability (each a “Dispute”) shall be settled by arbitration. To invoke
this,
the
affected party shall serve on the other party a notice of dispute, containing in brief the facts
and
circumstances giving rise to the dispute, together with documents in support thereof. Within
sixty (60)
days
of receipt of such notice, and the Dispute not having been settled, the Company and you shall
each
appoint
an arbitrator, and the two arbitrators shall together appoint a presiding arbitrator. The
arbitration
shall
be held at New Delhi, India and courts at New Delhi, India alone shall have jurisdiction.