The following sets out the terms and conditions for our NamoAstro.Com Services (also referred to as "NamoAstro" OR "NamoAstro.COM" OR "WE" OR "OUR"). You ("Member" or "You" OR "Your") agree to these terms and conditions described herein ("Terms Of Service") when you sign up for and use our Services.
Please read these Terms of Service before using the Services provided by NamoAstro.com via our Website (which is currently located at www.NamoAstro.com). By clicking the "I Agree" button, you agree to these Terms of Service.
These terms may be amended by NamoAstro.Com at any time with posted changes on our website. If you become a member before the posted changes, the changes will take effect 30 days after they are initially posted on our website. You agree that your continued use of this website after such amendments indicates your acceptance of the change. This Agreement may not be otherwise amended except by a written agreement signed by both you and NamoAstro.Com.
Using NamoAstro.Com, you can receive astrological content, reports, data, telephone and email consultations ("Content") via the World Wide Web, and electronic mail. However, some Content may be accessed simply by visiting the NamoAstro.com site (the "Free Services" and "Paid Service"). In order to get access to the personalised astrological zone and/or receive additional Content and services from NamoAstro.com (the "Paid Services"), you will have to register as a member of NamoAstro.com to receive certain Paid Services. The Free Services and the Paid Services are referred to collectively in these Terms of Service as the "Services."
Considering the Paid Services, Member agrees to the following:The Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the aforementioned, the Services are not permitted to be consumed by minors (who, in most jurisdictions, are individuals under the age of 18) or members of the website (NamoAstro.Com) who are temporarily or indefinitely suspended. In addition, NamoAstro.com does not permit the use of the Services by residents (a.) of any jurisdiction that may prohibit our Services or (b.) of any country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations. Please do not use the Services if you do not qualify.
Once you register with us, including your provision of Registration Data, you will receive a NamoAstro.com identification ("YOUR EMAIL ID ") and a password. You are entirely responsible if you do not maintain the confidentiality of your NamoAstro.com EmailID and password. You are responsible for any use of your account, whether or not you authorised it. You can change Your password by following the instructions on the Website. You agree not to sell or transfer your account, email, or password to another party. You agree to let NamoAstro.com know if someone uses your account without permission or if there is another security breach.
To keep NamoAstro.com services good and responding to customer needs, You agree to let NamoAstro.com employees and agents see Your account and records when there's a complaint or suspected abuse.
NamoAstro.com may make modifications or discontinue (in whole or in part) the Services or Your account with us, with or without notice, for any reason without liability to You, any other user, or any third party. Without limiting the foregoing, We reserve the right to terminate Your account immediately (a) if We are unable to verify or authenticate Your Registration Data or other information provided by You, (b) if We believe that Your actions may cause legal liability for You, NamoAstro.com, or all or some of Our other users, or (c) if We believe You have (i) provided us with false or misleading Registration Data or other information, (ii) interfered with other users or the administration of the Services, or (iii) violated these Terms of Service or our Privacy Policy.
Privacy is very important to us, and as such, Our Privacy Policy, as it may be updated from time to time, available on the Website, is incorporated into these Terms of Service by this reference. We may change Our Privacy Policy if we make changes to these Terms of Service (as described in the Preamble above).
(A) If any order has reached the “processing” (assigned to an astrologer) stage, no refund shall be processed on the order or any reports under any circumstances. The user will remain accountable for the act of placing an order hastily and carelessly. The website will not be responsible or liable for any refund once the processing of an order has started.
(B) Once the order has been placed and completed, no refund will be processed. However, if the user plans to cancel a successfully placed order before the completion of the order process, the user will need to contact the customer care team within an hour (1 hour) of making the transaction. After this, it will be at the sole discretion of the website whether or not to provide a refund.
(C) If there is any technical delay or glitch notified on the website during the order processing request, including reports generated by the service provider, i.e., the user shall not be eligible to claim refunds, the user acknowledges that the timelines are approximate and all necessary steps will be taken to comply with the timelines as demonstrated.
(D) No refund shall be processed if inaccurate or incorrect information or data has been provided by the user. The user consents to be cautious while providing any information to the website and must re-assess the information given before clicking on "Submit.” The user can request a correction of the incorrect information or data provided. The request for such corrections must be made with customer care within 1 hour of the service rendered by the service provider.
(E) Any delay in the activation of the subscription services may result in a prorated refund.
(F) No refund shall be issued if users provide the wrong contact number to avail of the “Call with Astrologer” feature. The user who opts for this feature is advised to keep the contact number in the full coverage area and must be available to receive and answer the call when received. No refund will be issued for any call that gets connected.
(G) No refund shall be issued if users provide the wrong contact number or email address to avail of the “Chat with Astrologer” feature. The user who opts for this feature is advised to keep their device in the full coverage area and must be available to receive and answer the response when received. No refund will be issued for any chat that gets initiated.
(H) If any refund is processed, it will be done following the deduction of the transaction charges levied by the bank and/or the payment gateway, to and fro the cost of the shipping and/or courier charges (concerning the 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.
(I) In case the website or payment gateway’s webpage that is linked to the website is experiencing any server-related issues (like - slowing down/failure/session timeout), the user shall check whether his/her bank account has been debited or not before initiating the second payment and then resort to one of the following options:
Your right to use the Services is personal to You. You represent that You are an individual and that You are not a corporation or other business entity. You agree not to sell or use the Services for commercial purposes without NamoAstro.com's written consent. You are solely responsible for the content of Your transmissions through Our Website. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree:
(A) The services are provided "as-is" with all faults. NamoAstro.Com assumes no responsibility for availability (or lack thereof), timeliness (or lack thereof), deletions, misdeliveries, or failures to store member communications or personalization settings.
(B) In particular, but not by way of limitations, NamoAstro.Com may delete e-mail or other accounts if they are inactive for more than 90 days.
(C) Use of the services is at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data;
(D) The accuracy or reliability of any content obtained through the Services, any goods or services purchased or obtained through NamoAstro.Com’s website, or any transactions entered into through NamoAstro.Com’s site, 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 NamoAstro.com or through the services shall create any warranty.
In no event will namoastro.com or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages of any kind, including but not limited to damages for loss of profits and the cost of procurement of substitute goods and services (collectively, "indirect damages") arising out of or in connection with our website, the services, our privacy policy, or these terms of service (however arising, including negligence), even if namoastro.com had been advised of the possibility of such damages.
Without limiting the foregoing, NamoAstro.com and its suppliers will not be liable for indirect damages arising out of or in connection with.
(A) The use of or the inability to use the services;
(B) Any goods or services purchased or obtained through NamoAstro.Com’s site, or messages received or transactions entered into through NamoAstro.Com’s services;
OR
(C) Loss of, unauthorised access to, or alteration of, a user's transmissions or data.
The liability of namoastro.com and its suppliers to you or any third parties arising out of or in connection with our website, the services, our privacy policy, or these terms of service (however arising, including negligence) is limited to the greater of (a) the amount of fees you pay to us in the twelve (12) months prior to the action giving rise to liability, or (b) $100.
You agree to indemnify, defend and hold harmless NamoAstro.com and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of the Privacy Policy or these Terms of Service, or Your violation of any third party's rights, including without limitation, an infringement by You or any other user of Your account of any intellectual property or other rights of any person or entity. These Terms of Service will inure to the benefit of NamoAstro.com's successors, assigns, and licensees.
You acknowledge that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or distributed via email, commercially produced information presented to Member by NamoAstro.com, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You are not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorised by NamoAstro.com, its suppliers, or advertisers.
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 NamoAstro.com at the address set forth below: AMIGO, C-25, SECTOR-8, NOIDA
Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of Indian Law. The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of Indian Law, and the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Noida in order to protect the rights of the 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 Noida, Uttar Pradesh for any such proceeding. If either party files an action contrary to this provision, the other party may recover lawyers' fees and costs.
These Terms of Service will be governed by and construed in accordance with the laws of India without giving effect to any choice of law principles that would require the application of the laws of a different state. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service or Privacy Policy to be unenforceable or invalid, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law, and the remainder of the Terms of Service or Privacy Policy, as applicable, will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by NamoAstro.com. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.
The data collected by the Website may be used for any purpose as may be permissible under the applicable law and shall include but not be limited to the following: -
a. For providing a personalised browsing experience. While guaranteeing the anonymity of the user, the personal information collected in Clause "Personal Identifiable Information" may be used for research purposes, for improving the marketing and promotional efforts, to analyse usage, improve the content of the Website, product offering and for customising the Website's layout for suiting the needs of its Users.
b. You authorise us to contact you via email or phone or SMS.
c. With IP tracking details and Cookies data, the Website will use it only for facilitating the usage of the website and providing a personalised experience and any information which is sensitive in nature will not be provided to any third party without the consent of the User.
d. All information (and copies thereof) collected by Website, including without limitation Personal Information, User Data, and other information related to your access and use of the services offered by Website, may be retained by Website for such period as necessary, including but not limited to, for purposes such as compliance with statutory or legal obligations, tax laws and potential evidentiary purposes and for other reasonable purposes such as to implement, administer, and manage your access and use of our services, or the resolution of any disputes.
e. To ensure a seamless experience at the Website for you and to ensure your maximum benefit and comfort, the Website may use the data collected through cookies, log files, device identifiers, location data and clear gifs information to
(a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site;
(b) provide custom, personalised content and information, including advertising;
(c) provide and monitor the effectiveness of Services offered by Website;
(d) monitor aggregate metrics such as a total number of visitors, traffic, usage, and demographic patterns on the Website and its Services;
(e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance the service.
f. The website uses certain third-party analytics tools to measure traffic and usage trends for the Services. These tools collect information, which is not personal or sensitive in nature sent by the User’s device, including the web pages visited, add-ons, and other information that assists the Website in improving the Services. Such information is collected from Users in the form of anonymized logs so that it cannot reasonably be used to identify any particular individual User.
You understand that we only provide a platform for astrologers to provide astrology services to users. We do not and cannot control what happens during the conversation between the astrologer and users. You use the services at your own risk and are responsible for any loss or harm caused by such conversation/recommendation. In no case, NamoAstro or its directors/officials will be liable for any such loss/harm.
For example, we don’t make any warranties about,
(a) the recommendation provided through the service;
(b) the specific features of the service, or accuracy, reliability, availability, or ability to meet your needs;
The website is offering services through a diverse panel of astrologers duly verified by the website and such service providers (astrologers) may from time to time make recommendations for using mantras, yantras, gemstones or other astrological remedies to be used by users, such recommendations are made in good faith by the astrologers and the website and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that:
