In order to use the Shreedurgajyotish.in("Site") and Shreedurgajyotish.inservice
("Service"), you must register as a member of the Site
("Member") and agree to be bound by these Terms of Use
("Agreement") and follow the instructions in the Registration
process.
The Terms and Conditions (T&C) contained herein along with
the Privacy Policy and Terms of Use, form a legally binding agreement
regulating our relationship with regard to the use of Site by you and any
services offered by the Times Internet Limited (“Company”) including but not
limited to delivery of content via the Site, any mobile or internet connected
device or otherwise. By accessing the Site or Service and/or by clicking
"I agree", you agree to be bound by these Terms. You hereby represent
and warrant to the Company that you are at least eighteen (18) years of age or
above and are capable of entering, performing and adhering to these Terms and
that you agree to be bound by the following terms and conditions. You agree to
register prior to uploading any content and / or comment and any other use or
Services of this site and provide your details including but not limited to
complete name, age, email address, residential address, contact number.
Please read this Agreement carefully. You are advised to regularly
check for any amendments or updates to the terms and conditions from time to
time. Company may add to or change or update these Terms of Use, from time to
time entirely at the its own discretion. You are responsible for checking these
Terms of Use periodically to remain in compliance with these terms. Your use of
Site and any amendment to the Terms of Use shall constitute your acceptance of
these terms and you also agree to be bound by any such
changes/revisions/amendments.
You accept the Site Terms of Use, Privacy Policy and other Site
policies by clicking the "secure login/register" button when
registering and logging into the Site; accessing or using Site, Services,
applications, and tools provided herein; or as otherwise indicated on a specific
site, service, application, or tool from time to time. Some Site Services,
applications, and tools may have additional or other terms, agreements, or
policies that govern their availability and use. Your use of and access to such
sites, Services, applications, and tools are subject to any and all terms,
agreements, or policies applicable to them.
Any clause of terms and conditions if deemed invalid, void or
for any reason unenforceable, shall be deemed severable and shall not affect
the validity and enforceability of the remaining clauses of the terms and
conditions.
Definition(S)
"Agreement" means the Terms and
Conditions (T&C) contained herein along with the Privacy Policy and Terms
of Use including other T&C at other portals of Times Internet Limited under
the Indiatimes brand name. It will also include references to this Agreement as
and when amended, notated, supplemented, varied or replaced.
"Site" or "Shreedurgajyotish.com"
means the Indiatimes online Shreedurgajyotish platform owned and operated by
Times Internet Limited, which provides a venue to the users of Indiatimes.com
to buy the Services/ products listed / displayed at Shreedurgajyotish.inby the
Seller.
"Vendor" / "seller" /
"affiliates/Service Provider" shall mean the person or any legal
entity who offers for sale, sells, displays, products or offer services viz.
Astrology, Numerology, Tarot, Vastu etc. on the online platform provided by Shreedurgajyotish.in/
website and delivers the ordered products or services to the customers.
"Customer" / "Buyer" shall
mean the person or any legal entity who accepts the offer for sale/services on Shreedurgajyotish.inby
placing an order for and or purchases any Products/Services offered for sale or
take services of Astrology, Numerology, Tarot, Vastu etc. on Shreedurgajyotish.com.
"User/You" means and includes you
and/or any person or an entity including Vendor/Seller/Service Provider using
or accessing the services provided on this Site and any person who access or
avail this site of the Company for the purpose of hosting, publishing, sharing,
transacting, displaying or uploading information or views and includes other
persons jointly participating in using the Site.
"Product/Services" connotes the goods, services (viz.
Astrology, Numerology, Tarot, Vastu etc.) promoted / displayed on the Site and
offered for any use / sale.
Online Purchases
This Website is only a venue where Users may
meet and interact with one another for their sale, purchase and service
transactions. Therefore, Company acts as a facilitator for such sale, Services
and all commercial / contractual terms are offered by and agreed to between
buyers and sellers.t alone. The commercial / contractual terms include without
limitation price, shipping costs, date, period, mode of delivery, warranties
related to Products/Services including any content and opinion given by the
service provider after sales services related to Products and Services, etc.,
over which the seller/service provider has complete control and the same may be
subject to change.
You agree, understand and acknowledge that
astospeak.com is an online shopping platform, a venue enabling the users to buy
any Product or Services listed on the Site at the price indicated therein at
any time from any place. You further agree and acknowledge that the Shreedurgajyotish.inis
not involved in any sale, purchase of goods/products and providing Services
listed on this Site.
Astospeak.com is only a facilitator, an
intermediary and is not and cannot be a party to or control in any manner any
transactions between the Vendor/Seller/Service Provider and the
Customer/Buyer/Customer. Astospeak.com shall neither be responsible nor liable
to mediate or resolve any disputes or disagreements between the Users and the
Vendors.
Company shall neither be liable nor
responsible for any actions or inactions of Vendors, Sellers and Service
Providers any breach of conditions, representations or warranties by the Vendor
or manufacturer of the products.
All information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly or privately transmitted / posted, is
the sole responsibility of the person from where such content is originated
(the Originator). By Posting any material which contain images, photographs,
pictures or that are otherwise graphical in whole or in part
("Images"), you warrant and represent that
·
You are the copyright
owner of such Images, or that the copyright owner of such Images has granted
you permission to use such Images or any content and/or images contained in
such Images consistent with the manner and purpose of your use and as otherwise
permitted by these Terms of Use and the Services,
·
You have the rights
necessary to grant the licenses and sublicenses described in these Terms of
Use, and
·
That each person
depicted in such Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of limitation, the
distribution, public display and reproduction of such Images.
You represent that you have valid rights and
title in any and all Content/Images that you submit on the Site, that you have
not infringed on any IPR belonging to any party and further that you will
indemnify COMPANY or its affiliates for all claims arising out of any content
/Images that you post on the Site.
COMPANY accepts no responsibility for the said
Content / Images or any such service provider, However, you understand that all
Content / Images posted by you becomes the property of COMPANY and you agree to
grant/assign to COMPANY and its affiliates, a non-exclusive, royalty free,
perpetual, irrevocable and sub-licenseable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform
and display such Content / Images (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
later developed throughout the world"
In addition, you
represent and warrant that:
·
You have the full power
and authority to enter into and perform under these Terms,
·
You will comply with
all applicable laws in using the Site and in engaging in all other activities
arising from, relating to or connected with these Terms, including, without
limitation, contacting other users of the Site and
You own or otherwise have all rights necessary
to license the material/ content you submit and that the posting and use of
your material / content by COMPANY will not infringe or violate the rights of
any third party, whatsoever.
Company does not sell or retail any products
and does not ensure that the Users shall perform their obligations in respect
of the transaction concluded on this Site and further expressly disclaims any
warranties or representations express or implied in respect of quality, safety,
merchantability, fitness for a particular purpose, or legality of the products
listed and transacted on Astospeak.com.
You further agree and undertake that you are
accessing the Services available on this Site and transacting at your sole risk
and are using your best and prudent judgment before entering into any
transaction through this Site.
The Site is a channel of communication whereby
the Users can reach a larger base to buy and sell items or Services.
Astospeak.com is only providing a platform for communication and it is agreed
that the contract for sale of any of the Products or Services shall be a
strictly bipartite contract between the Seller/Service Provider and the
Buyer/Customer. At no time shall any right, title or interest over the items
vest with Astospeak.com nor shall Astospeak.com have any obligations or
liabilities in respect of such contract. Astospeak.com is not responsible for
unsatisfactory or delayed performance of Services or damages or delays as a
result of items, which are out of stock, back ordered, returned undelivered or
otherwise unavailable. All items/Services are offered only for a restricted
time and only for the available supply/till stock lasts or availability of
service providers.
Astospeak.com accepts no liability for any
errors or omissions, whether on behalf of itself or third parties.
Astospeak.com is not responsible and shall not
be responsible for any non-performance or breach of any contract entered into
between Users.
All orders or Services request shall be
pre-approved with an acceptable method of payment as established by
Astospeak.com which may call for and require additional verification or
information.
The address at which delivery (including email
address, if applicable) of the product ordered by you are to be made should be
correct and proper in all respects.
After the receipt of payment from the
Buyer/Customer, the Vendor/service provider shall arrange for the delivery of
the product to the buyer at the shipping address (including email address, if
applicable) provided by the Buyer.
Any and all orders placed by you on this Site
are a firm commitment to purchase/Services and you are obligated to complete
the transaction and not contest it in anyway.
Before placing an order you are advised to
check the product description and services deliverable carefully. By placing an
order for a product/services you agree to be bound by the conditions of
sale/services included in the item's description.
The
agreement between you and Company is subject to the following terms and
conditions:
1.
The User certifies that
he/she is at least 18 (eighteen) years of age.
2.
These terms and
conditions supersede all previous representations, understandings, or
agreements and shall prevail notwithstanding any variance with any other terms
of any order submitted or request for Services or your login through other
group or related ID.
3.
All prices, unless
indicated otherwise are in Indian National Rupees.
4.
By indicating User's
acceptance to purchase any product or service offered on the site, user is
obligated to complete such transactions after making payment. Users shall
prohibit from indicating its acceptance to purchase or order Products/ Services
where it does not intend to complete such transactions.
5.
Company is neither
responsible for any non-performance or breach of any contract entered into
between Users nor make any representation or Warranty as to the attributes
(such as quality, worth, marketability, etc.) of the products or Services
proposed to be sold or offered to be sold by the seller/service provider or
purchased by the buyer, on the Website.
6.
You are advised to
independently verify the bona fides of any particular seller/service provider
that you choose to deal with on the Website and use your best judgment in that
behalf. Company, accepts no liability for any errors or omissions, whether on
behalf of itself or its Sellers/service providers or third parties.
7.
Pricing on any
Product(s)/Services as is reflected on the Website may due to some technical
issue, typographical error or product information published by seller/service
provider may be incorrectly reflected. Any order placed for a Product/Services
that is listed at an incorrect price may be cancelled. This shall be regardless
of whether the order/Services has been confirmed and/or payment levied. In the
event the payment has been processed, the same shall be credited to your
account and duly notified thru e mail.
8.
In a credit card
transaction, you must use your own credit card. Times Internet Limited will not
be liable for any credit card fraud. The liability to use a card fraudulently
will be on the user and the onus to 'prove otherwise' shall be exclusively on
the user. To provide a safe and secure shopping experience, we regularly
monitor transactions for fraudulent activity. In the event of detecting any
suspicious activity, Company reserves the right to cancel all past, pending and
future orders without any liability.
9.
Company is not
responsible for non-delivery, unsatisfactory or delayed performance of Services
or damages or delays as a result of items which are out of stock, back ordered
or otherwise unavailable/not provided. All items are offered only for a
restricted time and only for the available supply. It is the sole
responsibility of the Vendor to dispatch the Product to the User (depending on
the Product or Offer Price) or of the service provider to provide the service
as request. Any request for cancellations of orders once duly placed on the
site, shall not be entertained.
10.
In the event that a
non-delivery of Product or Services occurs on account of a mistake by you (i.e.
wrong name or address or wrong email address) any extra cost towards
re-delivery shall be claimed from you.
11.
Shipment/delivery time
of order processing starts from the day of receipt of the payment confirmed
against the order/service request placed with Company. In case of COD (cash on
delivery) orders, the expected delivery time shall be calculated from the date
of placing the order. The Shipment /Delivery time is an approximate time
mentioned by the vendor against each Product/Services. Company shall not be
liable for any delay / non-delivery of purchased goods by the Vendors/service
providers due to any force majeure event including but not limited to flood,
fire, wars, acts of God or any event beyond the control of Company..
12.
Notwithstanding
anything contained herein, Company acts only as booking agent to facilitate /
integrate transactions between the Buyers and Sellers/service provider through
various platforms (online web store, print ads, mail order catalogues, SMS
etc.) for various Vendors/service providers and shall in no way be responsible
for any quality of product, replacement, damages, additional cost, losses,
expenses and authenactiy/satisfactory Services and/or taxes incurred by Users
qua the Products/Services. In no event shall Company, its directors, officials,
representatives and employees are liable for any damages relating to
Products/Services sold through its various platforms including but not limited
to Astospeak.com.
13.
Presently, the
browsing and buying service(s) of Astospeak.com are being offered free of cost.
However, Company reserves the right to charge a fee for any or such facilities.
14.
The User agrees to use
the Services provided by Company, its affiliates, consultants and contracted
companies, for lawful purposes only.
15.
The User agrees not to
make any bulk purchase/request for Services to indulge into any reseller
activities. In case of any such instances, Company reserves all rights to
cancel the current and future orders and block the concerned User account.
16.
The User agrees to
provide authentic and true information. Company reserves the right to confirm
and validate the information and other details provided by the User at any
point of time. If upon confirmation such User details are found to be false,
not to be true (wholly or partly), Company shall in its sole discretion reject
the registration and debar the User from using the Services available on its
website, and / or other affiliated websites without prior intimation
whatsoever.
17.
Companywill not be
responsible for any damage suffered by users from use of the Services on this
site. This without limitation includes loss of revenue/data resulting from
delays, non-deliveries, missed deliveries, or service interruptions as may
occur because of any act / omission of the Vendor. This disclaimer of liability
also applies to any damages or injury caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction
or unauthorized access to, alteration of, or use of record, whether for breach
of contract, tortuous behavior, negligence, or under any other cause of action.
18.
Partial delivery of
product and Services needs to be reported within 24 hrs of receipt of the
product.
19.
Cancellation on user's
request, may not be allowed, subject to the specific terms and conditions
applicable to the type of product or service.
20.
All order/sub orders
cancelled will be refunded as per the payment mode selected by customer except
for COD/Cheque paymode, where refund shall be processed via Cheque.
21.
Delivery of orders
would be done address specific not person/time specific.
22.
For reported defects
on products with manufacturer's warranty the customer needs to contact the
relevant service center of the manufacturer, respectively. Company shall not be
held responsible for any refund claim in such a case from the customer.
23.
Company reserves the
right to cancel any order or request for Services placed using Credit Card
which holds International Billing Address.
24.
Company reserves the
right to cancel any order or request for Services placed which is not
available, out of stock or in short supply or otherwise.
25.
Octroi charges may be
levied on some products displayed on the site .These charges shall are not
refundable and shall be borne by the customer. In the event of cancellation of
the order the ,Octroi charges levied shall not be refunded.
26.
Company as a merchant
shall be under no liability whatsoever in respect of any loss or damage arising
directly or indirectly out of the decline of authorization for any Transaction,
on Account of the Cardholder having exceeded the preset limit mutually agreed
by us with our acquiring bank from time to time.
27.
Company reserves the
right to send transactional emails and SMS's related to any order placed or
request for Services by a customer and the customer agrees that the same will
not tantamount to spam. By submitting your mobile number, you agree to receive
calls/SMS's from Company or its authorized representative, irrespective of your
registration on Do Not Disturb (DND) with your telecom service provider.
28.
You agree to receive
calls from Company and its agents, merchants, courier partners seeking
clarification/information regarding your order and any other related
information as and when required and disclaim any liability of Companyin this
regard.
Reviews, Comments And Other Content
Users of our website may post reviews, comments and other
content; as long as the content is not illegal, obscene, abusive, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties, or objectionable and does not consist of
or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam". In case a user
uses a false e-mail address, impersonates any person or entity, or otherwise
misleads as to the origin of any content, Company reserves the right to remove,
refuse, delete or edit any content that violates these Conditions of use and,
or terminate your permission to access or use our website.
Typographical Errors
In the event a product or Services is listed at an incorrect
price or with incorrect information due to typographical error or error in
pricing or product information received from our Vendors or suppliers or
service provider, Company shall have the right to refuse or cancel any orders
placed for product listed at the incorrect price. Company shall have the right
to refuse or cancel any such orders whether or not the order has been confirmed
and your credit/debit card charged. If your credit/debit card has already been
charged for the purchase and your order is cancelled, Company shall issue a
credit to your credit/debit card account in the amount of the charge.
Products/Services Description And Pricing
Before placing an order/request for Services you are advised to
check the product/service description carefully. By placing an order for a
product you agree to be bound by the conditions of sale included in the item's
description.
Company and\or Company's Vendor\Seller, will attempt to be as
accurate as reasonably possible while providing Product/Services descriptions
and pricings. However, Company or Seller/service provider do not warrant that
descriptions or other content or prices related to the Products/Services or
other information and content contained in this Company website is accurate,
complete, reliable, current, or error-free. If a Product showcased on the
Company website (shreedurgajyotish.com) is found by You not to be as described,
upon receipt of the same in pursuance to placing an order on the Seller through
the Site, your sole remedy is to return it in unused (seal intact) condition to
the Seller or Company (as the case may be). In the event if the payment has
been processed by Vendor\Seller for the returned Product(s), the refund amount
shall be credited to your credit/debit card account and the same shall be duly
notified to by email to your email address provided at the time of registration.
Charges displayed on the site includes only the cost of the
product., Service fee for payment, facilitation fee and shipping charges will
be levied/charged extra as applicable.. Similarly for any applicable refunds
the full amount, which has been charged, is refunded.
All prices/charges are exclusive of applicable
taxes (including Service Tax). These taxes shall be charged additional in
accordance with the then prevailing tax rates.
All prices and availability of products are subject to change
without prior notice at the sole discretion of Company.
All discount coupons are valid only for services featured on the
Shreedurgajyotish website and not for in-app services
Online Payment
In order to facilitate payments for Product(s) purchased/
request for Services by You through shreedurgajyotish.com, at the request of
the Sellers/ service providers offers an online payment gateway facility that
will facilitate You to make payments in respect thereof to the Sellers/Company
using netbanking, credit/debit card account or any other mode acceptable and
made available to the customers from time to time, subject to Your complete
acceptance and adherence to the terms and conditions hereof as well as the
terms and conditions of the website of the payment gateway service provider/s.
It is hereby clarified that Company does not itself collect any amount from the
purchasers and the entire payment transaction (including collection from the
purchasers and distribution to the Company, Vendor\Seller\service providers's
is conducted by the online payment gateway facility provided.
Credit Card Details
You agree, understand, undertake and confirm that the
credit/debit card details provided by You for making payments for Product(s)
purchased through shreedurgajyotish.in, either through the on-line payment
gateway mechanism will be correct, current, complete and accurate and you shall
not use the credit card/ debit card or any other bank account which is not
lawfully owned by you. The aforesaid information provided by You will not be
shared by Company with any of the third parties unless required by law,
regulation or court order or for facilitating and completing the purchases made
by You or its Vendor\Seller\service providers will not be responsible for any
financial loss, inconvenience or mental agony resulting from misuse of your
ID/password/credit card number/account details in anyway.
Order Tracking Facility
You understand and agree that Company and this Site also
provides hosting Services to its Vendor\Sellers to also provide 'Order Tracking
Facility' to the Registered Users in respect of their orders for products
placed with Company. All such Order Tracking Information and results are third
party user generated contents. Company neither initiates the transmission nor
selects the sender and receiver of the transmission nor selects nor modify the
information contained in the transmission. Company has no control over the
third party agencies/partners generated contents (depends on the input made by
the third party agencies/partners) and shall not be liable for the same in any
manner. Company's Vendor\Seller provides the said facility as a free service,
without any obligation to do so,. However, it assumes no responsibility for any
inaccuracies that may creep in such information provided to the Users or in
regard to the timeliness of such information.
Disclaimer Of Warranties/Limitation Of Liability
USER ACKNOWLEDGES THAT THROUGH THIS SITE, TIMES INTERNET LIMITED
MERELY ACTS AS A FACILITATOR, IN ORDER TO FACILITATE HIGHEST QUALITY SERVICES
TO THE USERS. TIMES INTERNET LIMITED DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOUR TO ENSURE USER
FULLEST SATISFACTION.
TIMES INTERNET LIMITED IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY
OF SERVICES; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF PRODUCTS AND
SERVICES PURCHASED BY USER FROM THE THIRD PARTY. THUS, TIMES INTERNET LIMITED
SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS
BETWEEN THE USERS
OF THE SITE AS REGARDS THE STANDARDS OF PRODUCTS AND SERVICES. IN NO EVENT
SHALL TIMES INTERNET LIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM:
(A) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR
ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING
TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE WEBSITE.
TIMES INTERNET LIMITED SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF
THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION
OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY
REASON BEYOND TIMES INTERNET LIMITED'S CONTROL. THE USER UNDERSTANDS AND AGREES
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
Registration
Registration of the User on the Website is not
Mandatory. In case user registers, The User agrees and undertakes at all times
to be responsible for maintaining the confidentiality of the password and user
id, and shall be fully responsible for all activities that occur by use of such
password or user id. Further, the User agrees not to use any other party's
under ID and Password for any purpose whatsoever without proper authorization
from such party.
User are responsible for the security of User's password and for all
transactions undertaken using User's password through our service. User
confirms that he/she is the authorized holder of the credit card or the
original account holder used in the transactions under this Site. Company will
not be responsible for any financial loss, inconvenience or mental agony
resulting from misuse of user's ID/password/credit card number/account details
number for using Company's Services.
The user also agrees and undertakes to immediately notify Company of any
unauthorized use of the user's password or user ID and to ensure that the user
logs off at the end of each session at the website. Company shall not be
responsible for any, direct or indirect, loss or damage arising out of the
user's failure to comply with this requirement.
The User also agrees to:
a.
provide true, accurate
and complete information about himself and his beneficiaries as prompted by the
registration form ("Registration Data") on the Website; and
b.
maintain and promptly
update the Registration Data to keep it true, accurate, current and complete.
If the User provides any information that is untrue, inaccurate, not current or
incomplete or Company has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Company shall have a right to
suspend or terminate User's registration and refuse any and all current or
future use of the Website and/or any Service.
Furthermore, the User grants Company the right to disclose to
third parties Registration Data to the extent necessary for the purpose of
carrying out the Services.
Prohibited Activities
You agree that you
shall not host, display, upload, modify, publish, transmit, update or share any
information on the Site, that
a.
belongs to another
person and to which you do not have any right to;
b.
is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever;
c.
harm minors in any
way;
d.
infringes any patent,
trademark, copyright or other proprietary rights;
e.
violates any law for
the time being in force;
f.
deceives or misleads
the addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
g.
impersonate another
person;
h.
contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource;
i.
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
cognisable offence or prevents investigation of any offence or is insulting any
other nation.
Any Content and or comment uploaded by you, shall be subject to
relevant Indian laws and may be disabled, or and may be subject to
investigation under appropriate laws. Furthermore, if you are found to be in
non-compliance with the laws and regulations, these terms, or the privacy
policy of the Site, the Company shall have the right to immediately
terminate/block your access and usage of the Site and the Company shall have
the right to immediately remove any non-compliant Content and or comment,
uploaded by you and shall further have the right to take recourse to such
remedies as would be available to the Company under the applicable laws.
Indemnity
You shall indemnify and hold harmless to Company and (as
applicable) Company's parent, subsidiaries, affiliates, third-parties and their
respective officers, directors, agents, and employees, from any and all claims,
liabilities, damages, losses, costs and expenses, including attorney's fees,
caused by or arising out of claims based upon the use of User's actions or
inactions, including but not limited to any warranties, representations or
undertakings or in relation to the non-fulfilment of any of its obligations
under this Agreement or arising out of the User's infringement of any
applicable laws, regulations including but not limited to Intellectual Property
Rights, payment of statutory dues and taxes, claim of libel, defamation,
violation of rights of privacy or publicity, loss of service by other
subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Agreement.
Termination/Suspension
Company reserves its right to limit, refuse service, restrict,
suspend, prohibit access to the Site, terminate your account and Services;
(Terminate this Agreement; Terminate or suspend your access to the Web Sites;
Move, or remove any product or service that is available on or through the
Services; Deactivate or delete your accounts and all related information and
files in your account; Establish general practices and limits concerning use of
this Site) at any time, in its sole discretion with or without cause, and with
or without any prior notice for any violation of the Terms of Use. Upon such
termination or suspension, your right to use the Astospeak.com's Web Sites will
immediately cease. Once the User's registration or the Services are terminated,
cancelled or suspended, any data that the User has stored on the Website may
not be retrieved later. The User agrees that Company may under certain
circumstances and without prior notice, immediately terminate the User's user
ID and access to the Website/Services. Causes for termination may include, but
shall not be limited to requests by enforcement or government agencies,
possible legal liabilities, infringing the intellectual property rights of any
third party, anything acting inconsistently with the letter of spirit of our
policies or harassing our employees etc.
Relationship
None of the provisions of this Agreement, terms and conditions,
notices or the right to use the Website by the User contained herein or any
other section or pages of the Website and/or the Linked Sites, shall be deemed
to constitute a partnership between the User and Company and no party shall
have any authority to bind or shall be deemed to be the agent of the other in
any way. It may be noted, however, that if by using the Website, the User
authorizes Company and its agents to access third party sites designated by
them or on their behalf for retrieving requested information, the User shall be
deemed to have appointed Company and its agents as their agent for this purpose.
Entire Agreement
The Terms and Conditions, together with any terms and conditions
incorporated herein or referred to herein constitute the entire agreement
between us relating to the subject matter hereof, and supersedes any prior
understandings or agreements (whether oral or written) regarding the subject
matter, and may not be amended or modified except in writing or by making such
amendments or modifications available on this site.
Headings
The headings and sub-headings herein are included for convenience
and identification only and are not intended to describe, interpret, define or
limit the scope, extent or intent of this Service or the right to use the
Website by the User contained herein or any other section or pages of the
Website or any Linked Sites in any manner whatsoever.
Communication With User
Company reserves the right to communicate with Users regarding
this site and User's use of this site or any product or service purchased by
User on this site.
Force Majeure
Company shall have no liability to you for any interruption or
delay, to access the Site irrespective of the cause.
Governing Law
This agreement and each Terms of Use shall be governed by and
constructed in accordance with the laws of India without reference to conflict
of laws principles and disputes arising in relation hereto shall be subject to
the exclusive jurisdiction of the courts of New Delhi.
Notice Of Copyright Infringement
Company is not liable for any infringement of
copyright arising out of materials posted on or transmitted through the site,
or items advertised on the site, by end users or any other third parties. Any
complaints, abuse or concerns with regards to content and or comment or breach
of these terms shall be immediately informed to the Shreedurgajyotish email id
support@ shreedurgajyotish.in
We request you to please provide the following information in
your complaint:-
a) A physical or electronic signature of a person authorized to act on behalf
of the copyright owner for the purposes of the complaint.
b) Identification of the copyrighted work claimed to have been infringed.
c) Identification of the material on our website that is claimed to be
infringing or to be the subject of infringing activity.
d) The address, telephone number or e-mail address of the complaining
party.
e) A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent or the law.
f) A statement, under penalty of perjury, that the information in the notice of
copyright infringement is accurate, and that the complaining party is
authorized to act on behalf of the owner of the right that is allegedly
infringed.