DEFINITIONSIn this EULA, unless the context or meaning otherwise requires: (a) all capitalised words and expressions defined by inclusion in quotation and/or parenthesis anywhere in this EULA, have the same meanings as ascribed to such words and expressions; and (b) following words and expressions shall bear the meanings ascribed to them below:
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“Applicable Law” shall mean and include all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, and/or board, as may be applicable and in each case, any implementing regulation or interpretation issued thereunder including any successor law.
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Astrologer
shall mean a natural person who is qualified to perform services for SelectAstro's Users via. the App/ Web and is registered on the App/ Web to provide services.
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“Astrology Services” shall have the meaning ascribed to it in Section B of this EULA.
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“Person” means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable Law.
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“Personal Information”shall mean and include any past, present, or future health, finance, family or any other information of a User which may be provided by the User to the Astrologer pursuant to the provision of the Astrology Services. Personal Information shall mean and include any information that may be used to identify an individual, including, but not limited to, the first and last names, date, time and place of birth, age, gender, birth star, gotra, nakshatra, sankalpa, which may be provided by the User to SelectAstro which shall be shared with the Priest pursuant to the provision of the Puja Services.
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“Priest” shall mean a natural person who is appointed by the respective temple to perform services and in furtherance of the same, performs services for SelectAstro’s Users.
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“Puja Services” shall have the meaning ascribed to it in Section C of this EULA.
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“User”shall mean a person who desirous of availing the Astrology Services or Puja Services uses the App/ Web and/or registers on the App/ Web (as the case may be) in accordance with the terms contained herein.
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“User Account” shall mean the online account exclusive to a User and is used by the User to avail Astrology Services or Puja Services through the App/ Web and is created in accordance with this EULA.
ELIGIBILITY
Use of the App/ Web is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are incompetent to contract
within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the App/ Web. Any person under the age of 18 shall not register on the App/ Web and shall not transact on or use the App/ Web. If a minor wishes to use or transact on the App/ Web, such use or transaction may be made by the minor's legal guardian or parents on the App/ Web. Any minor accessing, using or transacting on the App/ Web in violation of this EULA shall be doing so at their own risk and SelectAstro shall not be responsible or liable for any activities or interactions of such minor on the App/ Web. SelectAstro reserves the right to terminate any person's membership and/or refuse to provide such person with access to the App/ Web if it is brought to the notice of SelectAstro or if SelectAstro discovers for itself that such person is not eligible to use the App/ Web.
ACCEPTANCE OF TERMS
In order to use the App/ Web, you must first agree to this EULA. You shall be deemed to have accepted this EULA by (a) clicking to accept this EULA, when prompted on the App/ Web; (b) logging onto the App/ Web by using the Login Credentials or such other credentials as may be communicated to you by SelectAstro from time to time; or (c) actually using the App/ Web, in which case, you understand and agree that SelectAstro will treat your use of the App/ Web as acceptance of the EULA from that point onwards.
OPENING A USER ACCOUNT
- The App/ Web allows only limited and restricted access to the Astrology Services and Puja Services for unregistered Users.
- In order to use the App, you will have to create the User Account by signing up on the App which can be done by providing/using the following: (a) your cell phone number with password; or (b) email address with password; or (c) such other login credentials that are adopted by SelectAstro from time to time and duly intimated to you, for setting up a User Account on the App. Upon entering the required details, you may either receive a One Time Password (OTP) through email or Short Message Service (SMS) messages for the purpose of verification of your User Account or your User Account may be verified by such other auto verification process adopted by SelectAstro from time to time and duly intimated to you, and upon completion of verification, the User Account is created and is ready for use.
- While signing-up on the App, you shall not:
- create a User Account for anyone other than yourself unless such person's prior permission has been obtained;
- use a User Account that is the name of another person with the intent to impersonate that person; and
- create more than one User Account on the App.
- SelectAstro cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
USERNAME AND PASSWORD
- Once registered, in order to log into the User Account on the App, you will be required to provide the following: (a) the cell phone number with password; or (b) the email address with password; or (c) such other login credentials that are adopted by SelectAstro from time to time and duly intimated to you for logging into the User Account on the App, used at the time of signing-up (“Login Credentials”).
- You shall be solely responsible for maintaining confidentiality of the Login Credentials, and you hereby accept responsibility for all activities on the User Account authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the App through the User Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. SelectAstro shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating or using the User Account.
- SelectAstro cannot and will not be liable for any loss or damage arising from or arising out of your use of the App, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the App using the User Account.
- In case of any misappropriation or unauthorised access of the User Account, you agree to communicate the same to SelectAstro immediately. You shall further ensure that you log in and exit/logout from the User Account at the end of each session or at the time indicated by SelectAstro. SelectAstro shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by SelectAstro or User/visitor of the App due to authorised or unauthorised use of the User Account, as a result of your failure in keeping the Login Credentials confidential.
- You agree that the information provided by you to SelectAstro, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if SelectAstro has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with this EULA, SelectAstro shall have the right to indefinitely suspend or terminate or block access to the User Account on the App and refuse to provide you access to the App. You are advised to use due caution when providing any information to SelectAstro accordingly.
AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting this EULA consent to the receipt of communication from SelectAstro by way of in-app messages, Short Message Service (SMS) messages, WhatsApp, e-mails, promotional and marketing calls and newsletters. These messages, emails and calls could relate to your registration or the transactions that you carry out through the App and promotions that are undertaken by SelectAstro.
LINKS TO THIRD PARTY WEBSITES
The App/ Web may contain links and interactive functionality interacting with the websites of third parties. SelectAstro is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, SelectAstro strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
USE OF THE APP/ WEB
You agree, undertake and covenant that, during the use of the App/ Web, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
- belongs to another Person and to which you do not have any right.
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the Applicable Laws in force in any manner whatsoever.
- is misleading in any way.
- is harmful to minors.
- involves the transmission of
junk mail
,chain letters
, or unsolicited mass mailing orspamming
.
- infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).
- provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
- tries to gain unauthorized access or exceeds the scope of authorized access to the App/ Web or to profiles, blogs, communities, User Account information or information of other Users/visitors of the App/ Web, bulletins, or other areas of the App/Web or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users/visitors of the App/ Web.
- engages in commercial activities without SelectAstro’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
- interferes with another User/visitor’s use of the App.
- impersonates another Person.
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states.
- refers to any website or URL that, in SelectAstro’s sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the letter or spirit of this EULA.
- deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
- contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another User/visitor.
- is in the nature of an online game that is not verified as a permissible online game.
- is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.
- violates any Applicable Law for the time being in force.
You hereby accept full responsibility for any consequences that may arise from your use of the App, and expressly agree and acknowledge than in no event and under no circumstances shall SelectAstro be held liable to you for any liabilities or damages resulting from or arising out of your use of the App. You shall not use anyone else's account at any time.
You agree and acknowledge that you shall not use the App/ Web for any illegal or unauthorized purpose/activities. You agree to comply with all Applicable Laws pertaining to your use of the App. You further agree and acknowledge that you shall use the services provided on the only for your personal use and not for business purposes.
SelectAstro shall have the right, but not the obligation, to monitor access to or use of the App/ Web to ensure your compliance with this EULA or Applicable Laws, at its sole discretion.
USER’S POSTS AND REVIEWS
- The App/ Web may allow you to post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular Service provided on the App, and rate the Service, post your comments and reviews in relation to such services on the /or of an Astrologer on specific pages of the App, as well as submit/ post any suggestions, comments, questions or other information to SelectAstro using the App/ Web (collectively referred to
User Content
). Provided however that, before being published on the App, such User Content shall be reviewed by SelectAstro to ensure compliance with this EULA and Applicable Laws.
- You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the App. You represent and covenant that you have obtained all relevant consents and approvals in order to post any User Content and shall not post any content relating to or owned by a third party for the promotion or sale of products/ services of such third party. You further represent that all such User Content will be in accordance with Applicable Laws. You acknowledge that SelectAstro does not endorse any User Content on the App/ Web and is not responsible or liable for any User Content. SelectAstro reserves the right to remove any third-party marketing material and disable access to the User Content on the App.
- You hereby grant SelectAstro a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the App; and that, as at the date that the User Content is posted or submitted on the App: (a) the User Content is accurate; (b) use of the User Content you supply does not breach this EULA; and (c) that such User Content is lawful.
- You further represent and warrant that the User Content shall not contain any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, the User Content shall not contain anything that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- Except for User Content, all of the content and services and products provided on the App, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by SelectAstro or others (including without limitation, the third party service providers or Astrologers or temples, as applicable) that SelectAstro licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
- You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by SelectAstro and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of SelectAstro and such others. You thereby agree to protect the proprietary rights of SelectAstro during and after the term of this EULA. You may not selectively download portions of the App/ Web without retaining the copyright notices. You may download material from the App/ Web only for your own personal use and for no commercial purposes whatsoever.
- You shall use the App/ Web strictly in accordance with this EULA, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the App; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the App; (c) violate any Applicable Laws, rules or regulations in connection with your access or use of the App; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the App; (e) use the App/ Web for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the App/ Web or other services; (g) use the App/ Web for any purpose not in accordance with this EULA; (h) use the App/ Web for creating a service or software that is directly or indirectly, competitive with the App/ Web or any services offered by SelectAstro whether via. the App/ Web or other websites/mobile applications associated with SelectAstro; or (i) derive any confidential information, processes, data or algorithms from the App.
- Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under Applicable Laws of the country.
RIGHTS & RESERVATIONS
SelectAstro reserves the right to:
- Make all decisions in relation to inter alia your registration with SelectAstro;
- Request additional documents and additional information from you for the purpose of your registration as a User with the App; and
- Deny access to the App/ Web or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under this EULA; and/or (iii) violation of any of the provisions of this EULA or any Applicable Laws.
TERMINATION OF ACCESS TO THE APP
Your User Account can be terminated at any time by:
- You, by ceasing to use the App.
- SelectAstro, in its sole discretion for any reason or no reason, including your violation of this EULA or lack of use of App. You acknowledge that the termination of access to the App/ Web may be affected without any prior notice, and SelectAstro may immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the services provided on the App, subject to Applicable Law.
Any balance amount remaining in the User Wallet automatically expires on the termination of the User Account for any reason.The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of this EULA.
SCHEMES AND REWARDS
From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
REPRESENTATIONS
From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
LIMITATION OF LIABILITY
From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
DISCLAIMER OF WARRANTIES
From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
INDEMNIFICATION
From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
PRIVACY POLICY
From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
ASSIGNMENT
From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
GOVERNING LAW AND DISPUTE RESOLUTION
This EULA shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in New Delhi, India. In the event of any dispute arising out of this EULA the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be New Delhi, India.
SEVERABILITY AND WAIVER
These EULA, the Privacy Policy and other referenced material herein or on the App, are the entire agreement between you and SelectAstro with respect to the services offered on the App, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and SelectAstro with respect thereto and govern your future relationship with SelectAstro. If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
GRIEVANCE REDRESSAL MECHANISM
- In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Vikaas SharmaAddress: Plot No-809, Second Floor. Udyog Vihar Phase 5 Gurgaon - 122016Cell: +91 9205777570Email: vikas@vama.app
- For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of this EULA or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
HOW TO CONTACT US
If you have questions or concerns about this EULA, please contact SelectAstro at the following email address: customer.care@vama.app