TERMS AND CONDITIONS
1. These terms and conditions for use of AstroPie 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 AstroPie 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
2. YouraccessanduseofServicesconstitutesyouragreementtobeboundbythese Terms of Service, 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.
3. The Company may immediately and without notice terminate these Terms of Service 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.
4. 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 positing constitutes your consent to be bound by such amended Terms.
5. 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.
AKRA Solutions Private LTD.(hereinafter referred to as “Company”),
having its registered office at F8A Vijay Block, Aruna Park, Shakarpur East
1. 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 (“Astrologers”). 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.
2. 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-sub licensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) 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.
3. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, record, stream, broadcast or otherwise exploit the Services, except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) 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 (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
5. 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: (i) in or related to the Services except for the limited license granted above; or (ii) 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.
6. 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.
7. 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.
8. Company in no event shall be responsible or liable for any products or services of such third-party providers.
9. 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.
10. 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 Astrologers, 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 Astrologers or any other party.
11. 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 Astropieofficial@gmail.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
12. 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: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner or made available to the general public, unless expressly permitted by the Company; (iii) may be disabled by the Company for any reason without liability to the Company; (iv) may only be used pursuant to the specific terms that Company establishes for such Promo Codes; (v) are not valid for cash; and (vi) 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.
13. 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.
1. For availing 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.
2. Credits may be spent by gifting various in-app items to Astrologers. Credits may also be spent for voice and/or video-based consultation with the Astrologers, 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 Astrologers. 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 Astrologers 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.
3. AfteryouspendtheCredits,theCompanywillfacilitatepaymenttotheconcerned Astrologers of a sum equivalent. All payments made by you shall be exclusive of all applicable taxes. This payment structure is intended to fully compensate the Astrologers for the services received by you and you shall not be required to pay any other amount to the Astrologers directly.
4. AfteryouhavereceivedservicesfromanAstrologer,youwillhavetheopportunity 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.
5. 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.
6. 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 Astropieofficial@gmail.com and lodge a complaint. For such complaint to be valid, the same has to be received within seven (7) days of occurrence of the event giving rise to such dissatisfaction.
7. 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. The said refund policy shall form a part of these Terms.
8. In case you have any other query or require support regarding the Services, you may contact the Company’s support representatives using in the in-app customer support chat or write at Astropieofficial@gmail.com
IV. WARRANTIES AND DISCLAIMERS
1. TheServicesareprovidedon“ASIS”and“ASAVAILABLE”basis.TheCompany 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 Astrologers 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 Astrologers. 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.
2. 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.
3. Neither the Company or Astrologers shall be liable for any damages, liability or losses arising out of: (i) inaccuracy of any prediction made by an Astrologers as a part of provision of Services; (ii) acts of omission or commission by you or a third-party relating to consultation provided by an Astrologers, as a part of the Services
4. The Company shall not be liable for any damages, liability or losses arising out of (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any independent transaction or relationship between you and any Astrologers, even if the Company has been advised of the possibility of such damages.
5. 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.
6. 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.
V. YOUR INFORMATION
1. During the provision of Services, including while accessing AstroPie 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. You may not access or avail the Services in the event you do not agree with the said policy.
2. Withoutprejudicetoconsentgrantedunderthesaidpolicy,youherebyexpressly 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.
1. 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 Astropieofficial@gmail.com, until which time this waiver shall continue to remain in effect.
1. 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 (i) you use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Astrologer Partners.
VIII. GOVERNING LAW AND JURISDICTION
1. 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 Company. 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
IX. DND communication
The user will be required to provide a valid phone number at the time of using the service through the platform. By registering the user's phone number with us, the user gives consent to be contacted by us Via phone call.
English language. The award shall be final and binding on the parties to the dispute.
2. 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.
3. These Terms of Usage shall be governed by and construed in accordance with the laws of India without giving effect to any choice of law and principles that would require the application of the laws of a different state. Any waiver of any provision of the Terms shall be effective only if in writing and signed by AstroPie. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
4. 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 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.