AstroMNC 360 Degrees TERMS OF USE

TERMS OF USE

WE, (“AstroMNC” OR THE “COMPANY”), PROVIDE THE USERS A SUBCRIPTION SERVICE CALLED ‘ASTROMNC 360 DEGREES’, WHEHERBY WE TRACK THE PERSONALISED HOROSCOPE OF THE USERS (“CUSTOMERS”, “USERS”, “YOU”, “YOUR”) AND PROVIDE REGULAR NOTIFICATIONS BASED ON THE HOROSCOPIC READINGS (“SERVICES”). 

PLEASE READ THESE TERMS OF USE (“TERMS”), CAREFULLY. BY SUBCRIBING TO OUR SERVICES, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS, WHICH TOGETHER WITH OUR PRIVACY POLICY (“PRIVACY POLICY”), GOVERN OUR RELATIONSHIP WITH YOU. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY YOU MAY NOT USE OUR SERVICES.

WHILE USING THE SERVICES, YOU MAY BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE FOR THE USE OF THE SERVICES. ALL SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. THE SERVICES ARE SUBJECT TO THE LIMITATION TO THESE TERMS OF USE AND THE PRIVACY POLICY. AstroMNC MAY DISCONTINUE OR REVISE ANY OR ALL ASPECTS OF THE SERVICES AT ANY TIME, AT ITS SOLE DISCRETION.

BY USING OUR SERVICES, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE PROVISIONS OF THESE TERMS.

1.         ELIGIBILITY

Users who subscribe to Our Services represent and warrant that You are the age of majority as per the applicable law to which you are subject to. You agree to (a) only provide accurate and current information about yourself, including your date of birth, birthplace, e-mail ID etc. as may be required by Us from time to time, and (b) promptly update the email address listed in connection with your Subscription to keep it accurate so that we can contact you.

In the event, the Company discovers that You are a competitor of the Company’s Service, the Company reserves the right to restrict or cancel your Subscription, without any notice to You and/or initiate appropriate legal action against you.

2.         DESCRIPTION OF THE SERVICES

As a part of our Services, we provide opinion and notifications related to astrology, based on various parameters such as the horoscope tracking, information about planetary transits and how it is likely to affect the User, notifications regarding changes in planetary positions, and in future tie-ups with ayurvedic and homeopathic experts for suggesting remedies for diseases as per the Users horoscopes and planetary positions, etc (“Notifications”). Each User shall receive customised Notifications regarding the planetary positions and its impact on their horoscope. Such Notifications will be sent on the User’s registered e-mail addresses.

The content of the Notifications is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content of the Notification is at your own risk.

3.         REGISTRATION / SUBSCRIPTION

Registration process can be done through a web-link which will be shared with you through “Whats-App”, AstroMNC Facebook page or email (“Webpage”). You authorise the Webpage to obtain and verify your credentials with such Webpages. You agree that any registration information provided by You shall always be accurate, correct and complete.

Using the Services or the Webpage does not deem to make You an affiliate of AstroMNC for any purposes whatsoever.

You agree to abide by all applicable laws and regulations and are solely responsible for all Your acts or omissions in relation to the use and access of the Webpage.

AstroMNC reserves the right to discontinue Services for any material breach of the obligations under these Terms of Use by You or of reported abuse of the Services and/or the Webpage as may be brought to our notice appropriately.

We may send You certain notifications, including but not limited to, Service related notices or notices regarding a change to any of our policies. For example, we may send You a notice regarding server problems, scheduled maintenance to the Webpage, newsletters, promotions, marketing and offers if any. These notices may be sent through an email or a message. You may opt out of these communications, by unsubscribing through the Webpage.

4.         CONSIDERATION

Users can avail the Services by paying an annual/multi-year subscription fee as may be communicated to the User.

AstroMNC offers you multiple payment methods. Whatever your online mode of payment, you can be rest assured that AstroMNC’s trusted payment gateway partners use secure encryption technology to keep your transaction details confidential at all times.

You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment methods such e-wallets (including but not limited to PayTM, UPI, PhonePe etc app) at the time of booking an order. You understand, accept and agree that the payment facility provided by AstroMNC is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Webpage using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, AstroMNC is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

Users agree to abide by and adhere to the terms and conditions of the payment gateway providers and AstroMNC shall not be concerned with the same in any manner whatsoever. The Webpage and/or AstroMNC is not a party to any transaction between You and the payment gateway providers. Thus, the User shall be a customer of the relevant payment gateway and shall approach the payment gateway providers for any remedy or claim in relation to any deficiency in their services.

5.         CANCELLATION AND REFUND

You agree and understand that once You have subscribed for the Service provided by the Company You cannot change or cancel such subscription and that the same shall continue to be valid until the subscription expires. There is no provision for refund or reimbursement for the same.

6.         DATA AVAILABLE AND UPLOADED / SHARED

In order to avail the Services, You are required to share Your date of birth, time of birth, place of birth & email-id, your nick-name to be used.

You represent and warrant that the data uploaded/shared by You on the Webpage does not violate any applicable law, rule or regulation or any third party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material. Subscribers agree to indemnify and hold us harmless against any claims against us, arising out of or in relation to data uploaded/shared through the Webpage.

Subscribers agree that they are solely responsible for data made available or stored by them through the Webpage including but not limited to any liabilities arising out of any third-party infringement claims.

Data shared/uploaded by the Subscribers should be free from virus, Trojan etc.  We shall not take any liability with respect to data uploaded by Subscribers. The Subscribers should not share or upload any data through the Webpage which contains any illegal, unethical or competitive data. AstroMNC shall not authenticate and/or verify data uploaded/shared by the Subscribers. Subscribers shall be solely responsible for the same.

You acknowledge and agree that You are solely responsible for any modifications You make to the data You have submitted.  Your modifications shall always be in accordance with applicable law. We do not have control over data stored by You on the Webpage, and You agree that the same is solely managed by You. 

7.         INTELLECTUAL PROPERTY RIGHTS

The Webpage, and the Notifications, including all the Content thereon shall be the sole and exclusive property of AstroMNC and the access to the Webpage and the Notifications are granted to the User for the limited purpose of availing the Services.

You agree and undertake not to reverse engineer, modify, copy, post, distribute, transmit, display, perform, reproduce, publish, re-publish, license, create derivative works from, transfer, or sell any information, inputs, material, service or feature, information obtained from the Webpage or the Notifications. All materials on Webpage or the Notifications, including but not limited to images, music, video, graphics, text, icons etc. (the “Content”), are protected by relevant Intellectual Property Right laws. Copying of the Content for commercial or non-commercial purposes and unwarranted modification of data and information is not permitted. By displaying the Content on the Notifications or the Webpage, Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks to the User.  

The proprietary logos, service marks and trademarks which may be found on the Webpage or the Notifications whether owned/used by us or otherwise. By displaying them on the Webpage or the Notifications, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

8.         CONFIDENTIAL INFORMATION

You shall treat the details of these Terms of Use and the AstroMNC’s operations and affairs as private and confidential, save in so far as may be necessary for the purposes of these Terms of Use and shall not publish or disclose the same to any third party or entity.

9.         PROHIBITED CONDUCT

You agree not to engage in any of the following activities:

Violating laws and rights:

You shall not (a) use the Webpage for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

If any data on and/or of the Webpage is used by the subscriber for any unlawful activity, then AstroMNC shall have all the rights related to such data and shall have the right to co-operate with legal authorities regarding the same.

Solicitation:

You shall not use the Webpage or any information provided through the Webpage for the transmission of advertising or promotional materials other than the one agreed by AstroMNC, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

Disruption:

You shall not use the Webpage in any manner that could disable, overburden, damage, or impair the Webpage, or interfere with any other party’s use and enjoyment of the Webpage; including by (a) uploading or otherwise disseminating any virus, hardware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Webpage, or violating any regulation, policy, or procedure of any network, equipment, or server.

Harming others:

You shall not share or upload any content or data that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.

You shall not intimidate or harass another through the Webpage; and, You may not post or transmit any personally identifiable information about persons without obtaining such person’s express permission to do so through the Webpage.

Impersonation or unauthorized access:

You shall not impersonate another person or entity, or misrepresent Your affiliation with a person or entity when using the Webpage;

You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Webpage, or the computer systems or networks connected to the Webpage, through hacking password mining or any other means.   

In the event You fail to comply with these obligations or You are in breach of this sub-section, AstroMNC reserves its right to initiate appropriate legal processing, civil as well as criminal against You, without any notice and the cost and risk of such legal proceeding shall be solely borne by You. 

Information against any country:

You shall not upload, modify, transmit, update or share any information that threatens the unity, integrity, defence, security or sovereignty of any country or insults any country.

10.     DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY, AND ARE NOT INTENDED AS MEDICAL, LEGAL AND/OR SPIRITUAL ADVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBPAGE AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK AND THAT THE WEBPAGE AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, AstroMNC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBPAGE, THE SERVICES AND YOUR USE THEREOF. AstroMNC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE WEBPAGE'S CONTENT OR THE DETAILS AND DATA UPLOADED BY SUBSCRIBERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBPAGE AND/OR THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBPAGE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL, TECHNICAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBPAGE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBPAGE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBPAGE OR THE SERVICES. AstroMNC SHALL NOT BE RESPONSIBLE FOR SERVICE DISRUPTION CAUSED DUE TO LOSS OF INTERNET CONNECTION.

YOU ALSO AGREE NOT TO INTERFERE WITH OR ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PARTS OF THE WEBPAGE OR ANY ACCOUNTS, COMPUTER SYSTEMS OR TO THE NETWORKS OF AstroMNC, ETC.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE WEBPAGE MAY BE PRONE TO UNINTENTIONAL INACCURACIES IN CONTENT. E.G. TYPOGRAPHICAL ERRORS, IMPROPER LINKAGES ETC.

11.     INDEMNIFICATION

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) details and data You upload/share for the Services, including any third party infringement claim (ii) any breach of the terms and conditions of these Terms of Use (iii) any breach of applicable law (iv) any third party vendor’s acts or omission (v) any action You take based upon AstroMNC Inputs.

12.     PRIVACY POLICY

AstroMNC is committed to responsibly handle the information and data we collect through the Webpage in compliance with our Privacy Policy located at [https://astromnc.com/astromnc-360-degrees-privacy-policy].

13.     TERMINATION

If You wish to terminate these Terms of Use, You may immediately stop accessing or using the Services or the Webpage. In the event You stop using the Services before Your subscription term ends, You shall not be entitled to any refund. Your right to access and use of the Webpage, terminates automatically upon Your material breach of any of the terms of these Terms of Use. AstroMNC reserves the right to terminate these Terms of Use, without any prior notice to You. 

Survival: Provisions such as, disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, confidentiality, miscellaneous terms, prohibited conduct shall survive any termination.

14.     MISCELLANEOUS TERMS

a)         Choice of Law and Jurisdiction: Any dispute arising out of the Services or these Terms shall be resolved by a sole arbitrator appointed by AstroMNC and the arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. Without prejudice to this, the acceptance of the Terms shall be deemed to have been given at Pune and the courts in Pune shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.

b)        Force Majeure: Notwithstanding anything provided herein, the Company shall not be held reasonable or liable for any damage or loss due to deficiency in performance of Service, resulting directly or indirectly, from act of God, including, without limitation, internet failures, computer equipment failures, change in law, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond control of the Company.

c)         No waiver:  The Company’s failure to insist on or enforce strict performance of any of the terms of these Terms shall not be construed as a waiver of any provision or right.

d)        Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

e)        No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and the Company as a result of these Terms or from Your use of the Webpage. You shall not make any statement or enter into any commitment, agreements or arrangement on behalf of the Company, unless you are authorized to do so.

f)          Entire Agreement: These Terms and the Privacy Policy constitutes the entire agreement between You and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between You and the Company relating to this subject matter.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Terms for access or usage of our Services.