Terms & Conditions for AstroAvastha Mobile App & Website (astroavastha.com)
Version: 1.0
Effective Date: June 25, 2024
Last updated: June 25, 2024
Welcome to AstroAvastha! By using the services provided by AstroAvastha (“we”, “us”, or “our”), you (“Member”, “User”, or “You”) are agreeing to the following terms and conditions (“Terms of Service”).
Acceptance of Terms of Service:
Please ensure you read these Terms of Service thoroughly before utilizing the services offered by AstroAvastha via our website, located at www.astroavastha.com (“Website”). By selecting the “I Agree” option, you acknowledge your acceptance of these Terms of Service.
Amendments to Terms of Service:
AstroAvastha reserves the right to modify these Terms of Service at our discretion by updating the terms on our Website. Such amendments will become effective 30 days after their posting on the Website for existing members. Your continued use of the Website following any amendments indicates your acceptance of the new terms. These Terms of Service cannot be amended except through a written agreement signed by both you and AstroAvastha.
- Service Description:
AstroAvastha offers a wide range of astrological services including content, reports, data, and consultations via the web and email. While some content (“Free Services”) is accessible without membership, other personalized services (“Paid Services”) require registration. Both Free Services and Paid Services are collectively referred to as “Services”. By subscribing to Paid Services, you agree to:
- Provide accurate, current, and complete information as prompted by AstroAvastha (“Registration Data”).
- Maintain and promptly update this information to keep it accurate, current, and complete.
- User Eligibility:
Our Services are available to individuals capable of forming legally binding contracts under applicable law. The Services are not available to minors (under the age of 18 in most jurisdictions) or users who have been suspended or removed from the AstroAvastha system. Furthermore, residents of certain jurisdictions or countries that are barred from participating in international trade may not use our Services. If you do not meet these criteria, please refrain from using our Services.
- User Registration Data:
Upon completing the registration process and providing Registration Data, you will receive a unique AstroAvastha ID and password. You are responsible for maintaining the confidentiality of your ID and password and for all activities that occur under your account. You agree to:
- Not transfer or sell your account, ID, or password to another party.
- Immediately notify AstroAvastha of any unauthorized use of your account or any other security breach.
- Account Access Authorization:
To maintain the integrity of AstroAvastha’s services and respond effectively to user needs, you grant permission for AstroAvastha’s authorized personnel to access your account and associated records as necessary. Such access will be granted on a selective basis, primarily for purposes including, but not limited to, investigating user complaints, addressing potential legal issues, and resolving suspected misuse of our services.
- Service Modifications, Account Breach, and Termination:
AstroAvastha reserves the right to modify, suspend, or discontinue any aspect of our services or your account at any time, with or without notice, at our sole discretion. This includes, but is not limited to, instances where:
- Verification or authentication of the information you’ve provided cannot be established.
- Your actions are deemed to potentially result in legal liability for you, AstroAvastha, or our user community.
- You are found to have provided inaccurate or misleading information, disrupted the service experience for others, or violated these Terms of Service or our Privacy Policy.
In such cases, AstroAvastha may terminate your account immediately and without liability to you or any third party.
- Commitment to Privacy:
AstroAvastha places a high value on user privacy. Our Privacy Policy, which outlines our practices for collecting, using, and protecting your information, forms an integral part of these Terms of Service. The Privacy Policy is subject to updates from time to time, reflecting changes in our practices or relevant legal requirements. We encourage you to review our Privacy Policy periodically to stay informed about how we safeguard your personal information.
- Comprehensive Service Return & Cancellation Policy:
AstroAvastha is committed to customer satisfaction. If you need to request a refund or cancel a service, please be aware of our policy:
- Refund Requests: Must be submitted via email to [email protected] within 2 hours of payment. Requests made after this period cannot be accommodated.
- Incorrect Data: If the provided data is incorrect, notify us within 1 hour of your order. We will attempt to make necessary adjustments. Refunds cannot be issued once a report is delivered.
- Report Delivery: Once a report is delivered, it is considered final, and no refunds can be issued.
- Processing Time: Eligible refunds will be processed within seven business days from the date of request receipt. Note that processing is subject to bank/payment gateway timelines.
- Double Payments: In the event of a double payment for a single order, one payment will be refunded.
- Deductions: Refunds will be issued after deducting transaction charges by the bank/payment gateway and any other service charges incurred by AstroAvastha in processing the order.
- Product Return & Cancellation Policy:
- Damaged or Defective Products: If you receive a damaged or defective product, you may request a replacement or refund by emailing [email protected] within two working days of delivery. Claims made after this period will not be honored.
- Product Condition: Returned products must be in their original condition, with all accompanying bills and labels.
- Dispute Registration: To register a dispute regarding a damaged or defective product, please email [email protected] with relevant images within 2 days of delivery.
- Deductions on Refunds for Products: Refunds for products will be made after deducting transaction charges, shipping/courier costs, customs duties, and any other applicable charges, except in cases of damaged/defective products.
AstroAvastha aims to ensure a transparent and fair process for refunds and cancellations, prioritizing customer satisfaction while maintaining service integrity. For further assistance or clarification, please contact our customer care team.
- User Conduct and Legal Compliance:
As a user of AstroAvastha services, your access is granted for personal, non-commercial use. You affirm that you are an individual and not representing any corporate or commercial entity. Any intent to resell or commercially exploit our services requires explicit written permission from AstroAvastha. You bear full responsibility for all content transmitted via our platform and must adhere to the following:
(a) Compliance with Laws: You are obliged to comply with all local, state, national, and international laws and regulations, including but not limited to those governing the transmission of technical data from India or your resident country.
(b) Prohibited Uses: Engaging in illegal activities, disrupting or interfering with network connections to our services, or using our platform for unauthorized spam, chain letters, or distribution lists is strictly prohibited.
(c) Content Restrictions: You must not disseminate through AstroAvastha any content that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable. Furthermore, content that could incite criminal offenses, civil liability, or breach any laws is forbidden.
(d) Unauthorized Access: Attempts to gain unauthorized access to other computer systems or networks connected to AstroAvastha are banned. You must not interfere with another user’s enjoyment of our services.
(e) AI Model Training Prohibition: The use of any content from AstroAvastha for training artificial intelligence models or machine learning algorithms is expressly forbidden. This includes data extraction, scraping, copying, or downloading of any site content with the intention of using it as training data for AI models. Violations may lead to legal repercussions, including injunctive relief and monetary damages in accordance with applicable laws.
AstroAvastha reserves the right to enforce these terms and monitor compliance. Unauthorized use of our content for AI training or any other prohibited activities constitutes a significant breach of these terms. If you disagree with any part of these terms, you should discontinue the use of AstroAvastha immediately. These terms are subject to change without prior notice, and it is your responsibility to review them regularly to ensure ongoing compliance.
- Service Warranty Disclaimer:
(a) Provision of Services: AstroAvastha offers its services to you with the understanding that they are delivered “as-is,” embracing all imperfections. We do not guarantee continuous, error-free, secure, or timely service operation. AstroAvastha shall not be held accountable for any disruptions, including but not limited to data loss or failure to maintain user settings.
(b) Inactive Accounts: Should your account show no activity for a duration exceeding 90 days, AstroAvastha reserves the right to remove said account and any associated content.
(c) Usage Risk: Engaging with AstroAvastha’s services is solely at your discretion and risk. AstroAvastha bears no responsibility for any potential harm to your technology or data loss resulting from service usage.
(d) Purpose Limitation: The services provided by AstroAvastha are intended solely for entertainment. We disclaim all implicit or explicit guarantees, including those of marketability, specific purpose suitability, and non-infringement. AstroAvastha does not vouch for the precision, reliability, or completeness of any information provided and accepts no liability for goods or services acquired via AstroAvastha.
11. Limitation of Liability:
(a) Extent of Liability: In no circumstance shall AstroAvastha, its affiliates, or suppliers be liable for any indirect, incidental, consequential, special, or exemplary damages arising from your use of our services or any agreement with AstroAvastha.
(b) Usage Liabilities: This encompasses, without limitation, loss of profit, reputation, data, or other intangible losses, irrespective of the cause and even if AstroAvastha might have been forewarned of such potential damages.
(c) Liability Maximum: AstroAvastha’s total liability for any claims stemming from the use of our services, any transactions conducted, or these terms shall not exceed the total amount you have paid to AstroAvastha in the 12 months preceding the claim or Rs.8000, whichever is greater.
- Indemnification:
As a user of AstroAvastha, you agree to protect, defend, and hold harmless AstroAvastha, including its parent company, affiliates, officers, directors, employees, and agents, against any third-party claims, liabilities, damages, and costs (including attorney fees) that arise from your use of our services, any breach of these Terms of Service or our Privacy Policy, or any infringement of third-party rights, including intellectual property rights, by you or another user accessing your account.
- Content Ownership and Use:
You acknowledge that all content available through AstroAvastha, including texts, graphics, logos, images, audio clips, and software, is owned by AstroAvastha or its content suppliers and protected by copyright and other intellectual property laws. You are granted a limited license to access and use the content for personal, non-commercial purposes only. Any other use, including copying, reproduction, modification, or distribution of content, is strictly prohibited without express permission from AstroAvastha or its content suppliers.
- Communication and Notices:
All communications and notices to you from AstroAvastha will be provided through the email address or physical address you supplied during registration. Notices are considered effectively delivered 24 hours after an email is sent or three days after mailing. It’s your responsibility to keep your contact information up to date to ensure you receive all communications.
- Dispute Resolution and Arbitration:
Any disputes arising from or related to these Terms of Service will be resolved through binding arbitration in accordance with the commercial arbitration rules of Indian Law. The arbitration will be conducted by a single arbitrator and the resulting decision may be enforced in any court with proper jurisdiction. For urgent matters, either party may seek interim relief from a competent court in Agra, Uttar Pradesh, which will have exclusive jurisdiction over such proceedings.
- General Legal Terms:
These Terms of Service are governed by the laws of India. If any provision is deemed invalid or unenforceable, it will be modified to reflect the parties’ intention, and remaining provisions will remain in effect. These Terms constitute the entire agreement between you and AstroAvastha and supersede any prior agreements.
- Use of Collected Information:
AstroAvastha uses the information collected from you to enhance your experience on our website, including personalized content and advertising. Your information may be used for research, marketing, and analysis to improve our service. We commit to not sharing sensitive data with third parties without your consent. Data retention will be as per legal and operational requirements.
- Third-Party Products and Liability:
AstroAvastha acts as a platform to facilitate access to various astrological products, but it is important to note that these products are not supplied by AstroAvastha directly. Instead, they are provided by independent third-party suppliers. As such, any issues related to the quality, condition, delivery, or any damages associated with these products fall under the responsibility of the respective third-party suppliers.
In cases of product defects, delivery issues, or any other problems arising from the purchase of third-party products listed on AstroAvastha’s website or app, the third-party supplier will be solely accountable for addressing and resolving such matters. AstroAvastha will not be held liable under any circumstances for any issues that may arise from or in connection with the products supplied by third-party vendors.
Users are encouraged to review the terms and conditions, policies, and practices of the third-party suppliers before making any purchases to ensure understanding and agreement with their terms of service and liability policies. AstroAvastha aims to facilitate a positive user experience but reiterates that its role is limited to providing a platform for accessing these third-party products, without direct involvement in their provision, delivery, or after-sales service.
AstroAvastha is committed to assisting users in facilitating communication with suppliers for resolution but does not hold liability for the outcomes of such interactions. Users are encouraged to directly engage with suppliers while AstroAvastha can provide necessary supplier contact information upon request.
- E-commerce
- Order Placement: Placing an order through AstroAvastha constitutes an offer to purchase products under the listed terms, contingent upon product availability and supplier acceptance.
- Pricing and Payment: Prices for products are subject to change without prior notice. The price charged will be the one in effect at the time of order confirmation. AstroAvastha accepts various payment methods as specified within the platform.
- Shipping and Delivery: All products are shipped directly by third-party suppliers. Delivery times provided are estimates and are not guaranteed. AstroAvastha is not liable for any delays once the product is in transit.
- Service Modifications and Updates:
AstroAvastha reserves the right to modify, enhance, or discontinue any aspect of our services at our discretion. By continuing to use AstroAvastha’s services after such changes are implemented, you are expressly agreeing to be bound by the updated terms and conditions. We encourage users to regularly review the Terms & Conditions for any updates.
- Intellectual Property Rights:
AstroAvastha respects the intellectual property rights of all entities and expects the same from our users. In addition to not infringing on AstroAvastha’s copyrights, users are also responsible for ensuring they do not violate the intellectual property rights of third parties when using our platform. Unauthorized use of copyrighted material, trademarks, or any other intellectual property without the express permission of the owner is strictly prohibited and may result in termination of service and legal action.
- User Conduct and Prohibited Activities:
Users of AstroAvastha are expected to use the services responsibly and legally. Prohibited activities include, but are not limited to, unauthorized access to or alteration of the services or user accounts, using the services to send spam or other unsolicited communications, and uploading malicious software. Users found engaging in such activities may have their access to the services terminated.
- Account Security and Responsibility:
Users are responsible for maintaining the confidentiality of their account information, including passwords, and are responsible for all activities that occur under their account. AstroAvastha should be immediately notified of any unauthorized use of a user’s account or breach of security.
- Links to Third-Party Websites:
The AstroAvastha platform may contain links to third-party websites. These links are provided for convenience only, and the inclusion of any link does not imply endorsement by AstroAvastha. Users access these third-party sites at their own risk.
- Affiliate Enrollment & Approval
- To participate in the AstroAvastha Affiliate Program, you must complete the signup process and provide the necessary details, including uploading valid identity proof.
- Affiliate applications are subject to review and approval by AstroAvastha management. We reserve the right to accept or reject any application at our discretion.
- If your application is approved, you will receive an email notification with further instructions.
- AstroAvastha reserves the right to request additional information or verification before approving or declining an affiliate application.
26. Affiliate Responsibilities
- Upon approval, affiliates are permitted to share referral links to AstroAvastha products, such as Rudraksha, gemstones, statues, malas, and bracelets, on social media platforms or any other medium.
- Affiliates are responsible for ensuring that all shared links are properly formatted and tracked using the provided referral system.
- AstroAvastha is not responsible for any broken or improperly formatted links that fail to track referrals or generate commission.
27. Commission Structure
- Affiliates earn a commission on the sales generated through their referral link. The commission rates are as follows:
- 10% commission on the sale of any product priced under ₹50,000.
- 5% commission on the sale of any product priced above ₹50,000.
- Commissions are calculated based on the product price excluding any applicable taxes, shipping fees, or discounts.
- AstroAvastha reserves the right to modify the commission structure at any time. Any changes will be communicated to affiliates in advance.
28. Payments
- Commission payments are disbursed monthly based on the earnings from the previous month.
- Commissions earned during the current month will be paid out before the 10th of the following month.
- Payments may take an additional 5 to 7 working days from the date of disbursement due to processing times.
- To receive payments, affiliates must submit their correct bank account details through the affiliate dashboard.
- AstroAvastha is not responsible for any delays, rejections, or payment failures resulting from incorrect or invalid bank account details provided by the affiliate.
- Affiliates are solely responsible for any tax obligations arising from the commissions earned under this program.
29. Payment Thresholds
- Affiliates will receive a commission payout only if the total commissions earned during the month exceed ₹500.
- If the minimum payout threshold is not met, the earnings will roll over to the next month until the threshold is reached.
30. Affiliate Conduct
- Affiliates are expected to represent AstroAvastha in a professional and ethical manner.
- Affiliates are prohibited from engaging in any activity that would result in fraudulent sales, spam, or misleading marketing practices.
- AstroAvastha reserves the right to terminate the affiliate account and withhold any unpaid commissions in case of suspected fraudulent activity or violation of these terms.
31. Premium Membership Subscription
Affiliates can subscribe to become Premium Members to unlock additional commission benefits, such as unlimited commissions per referee and rank upgrades (Bronze, Silver, Gold).
AstroAvastha reserves the right to modify the subscription fees at any time, with prior notice to the affiliate. Continued participation in the program after such changes constitutes acceptance of the new fees.
32. Limited Commission for Single Referee
Commission earnings are limited to a maximum of 10 purchases from any single referee per affiliate. For unlimited commission earning opportunities, affiliates must become Premium Members. To qualify for premium status and Gold-level commission rates, affiliates must earn at least ₹10,000 in commissions within the last 90 days. Once this criterion is met, the affiliate will be upgraded to Gold-Level status.
Affiliate Rank Levels for Premium Members:
- Bronze: ₹2,500 in commissions.
- Silver: ₹5,000 in commissions.
- Gold: ₹10,000 in commissions.
Note: Only Premium Members are eligible for these ranks.
33. Modifications to the Affiliate Program
- AstroAvastha reserves the right to modify, suspend, or terminate the affiliate program or these terms and conditions at any time, for any reason.
- In the event of any changes to the terms, affiliates will be notified via email or through the affiliate dashboard. Continued participation in the program after such modifications constitutes acceptance of the new terms.
34. Termination of Agreement
- Affiliates may terminate their participation in the program at any time by providing written notice to AstroAvastha.
- AstroAvastha reserves the right to terminate any affiliate’s participation in the program at any time, with or without cause.
- Upon termination, any unpaid commissions will be processed and paid out according to the regular payment schedule.
35. Limitation of Liability
- AstroAvastha shall not be liable for any indirect, special, or consequential damages (including lost profits) arising out of or in connection with the affiliate program or these terms and conditions.
- AstroAvastha makes no representation or warranty concerning the potential earnings from the affiliate program.
36. Disclaimer of Endorsement:
References to any products, services, processes, or other information by trade name, trademark, manufacturer, or otherwise on AstroAvastha do not necessarily constitute or imply its endorsement, sponsorship, or recommendation by AstroAvastha.
37. Governing Law and Jurisdiction:
The Terms & Conditions and any disputes arising under them will be governed by and interpreted in accordance with the laws of the jurisdiction in which AstroAvastha operates, without regard to its conflict of law provisions.
38. Changes to Terms & Conditions:
AstroAvastha reserves the right to make changes to these Terms & Conditions at any time. Users will be notified of significant changes through the platform or via email. Continued use of the services after changes have been made will constitute acceptance of the revised terms.
39. Contact Information:
For questions or concerns regarding these Terms & Conditions, users can contact AstroAvastha through the provided contact information on the platform.
40. Severability:
If any provision of these Terms & Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
41. Entire Agreement:
These Terms & Conditions, along with any documents expressly referred to within them, constitute the entire agreement between AstroAvastha and the user regarding the platform and services and supersede all prior agreements and understandings, whether written or oral.
42. Promotions and Offers
Occasionally, AstroAvastha may provide special offers, discounts, or promotional codes that are subject to specific terms and conditions, including time limitations and eligibility criteria. AstroAvastha reserves the right to modify or cancel any promotions without prior notice. These promotions are non-transferable and may not be redeemed for cash.
43. Consultation Services Disclaimer
AstroAvastha offers astrological consultations through qualified experts. However, you understand and agree that astrology is a matter of personal belief, and results may vary from person to person. AstroAvastha does not guarantee the accuracy, effectiveness, or outcome of any astrological predictions, and these consultations are for informational purposes only. By using our consultation services, you agree that AstroAvastha is not responsible for any decisions or actions taken based on the information provided during the consultations.
44. User-Generated Content
As a user of AstroAvastha, you may have the ability to submit or post content, including reviews, comments, and other feedback. You agree that any content you post will be respectful, free from defamatory or obscene language, and not violate any applicable laws. AstroAvastha reserves the right to remove or modify any user-generated content that violates these terms, without prior notice. You also grant AstroAvastha a non-exclusive, royalty-free license to use, modify, and display your content as needed
45. Limitation of Liability for Predictive and Advisory Content
AstroAvastha’s Services, including reports, articles, and other advisory content, are based on astrological principles and personal interpretation. Such services are provided for informational purposes only. AstroAvastha and its affiliates do not assume responsibility for any personal, legal, or financial consequences arising from the use or interpretation of such services. By using our services, you acknowledge that they are not a substitute for professional advice from legal, financial, or medical experts.
46. Force Majeure
AstroAvastha will not be liable for any delay or failure to perform any obligation under these Terms of Service where the delay or failure results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, war, or strikes.
47. No Professional Advice
The content, services, and consultations provided by AstroAvastha are intended for informational purposes only. They do not constitute professional medical, financial, legal, or psychological advice. You are advised to seek professional counsel for any such matters, and AstroAvastha disclaims any responsibility for actions taken based on our services.