Terms of Use
The following sets forth the terms and conditions under which www.theastrophilosopher.com (“The Astro Philosopher” or “we” or “our”) offers you access to our services.
Welcome! When using The Astro Philosopher’s services, you (“member” or “you” or “your”) agree to the terms and conditions described herein (“terms of service”)-
ACCEPTANCE OF TERMS OF SERVICE:
By entering our website, you signify that you agree with these terms of service. These terms of service may be amended by The Astro Philosopher at any time in our discretion by posting the amended terms on our web site. You agree that your continued use of this web site after such amendment shall signify your acceptance of such change. This agreement may not be otherwise amended except by a writing signed by both you and The Astro Philosopher.
- DESCRIPTION OF THE ASTRO PHILOSOPHER : The Astro Philosopher provides astrological consultations (“Content”) via the World Wide Web, electronic mail, and telephone. In order to access the personalized astrological Content and services (including telephone-based services) from The Astro Philosopher (the “Personalized Services”), You may need to register on The Astro Philosopher to receive certain Services. The Personalized Services are referred to collectively in these Terms of Service as the “Services.” In consideration for the Personalized Services, Member agrees to:(1) provide certain current, complete, and accurate information about Member as prompted to do so by The Astro Philosopher. All information that We request and You provide on registration are referred to in these Terms of Service as “Registration Data.” Many of the Services and Content may be provided by third party suppliers and not by The Astro Philosopher.
- MEMBER ELIGIBILITY : The Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not permitted to be used by minors (which means, in most jurisdictions, those under the age of 18). In addition, The Astro Philosopher does not permit use of the Services by residents (a) of any jurisdiction that may prohibit our Services, or (b) of any country that are prohibited by law, regulation, treaty or administrative act from entering into trade relations with India or its citizens. If you do not qualify, please do not use the Services.
- MODIFICATION TO SERVICES; BREACH; TERMINATION: The Astro Philosopher may modify or discontinue (in whole or in part) the Services, with or without notice, for any reason without liability to You, any other user, or any third party. Without limiting the foregoing, We reserve the right to terminate our services to You immediately (a) if We are unable to verify or authenticate Your Registration Data or other information provided by You, (b) if We believe that Your actions may cause legal liability for You, The Astro Philosopher, or all or some of Our other users, or (c) if We believe You have (i) provided us with false or misleading Registration Data or other information, (ii) interfered with other users or the administration of the Services, or (iii) violated these Terms of Service or our Privacy Policy.
- PRIVACY POLICY : Privacy is very important to us, and as such, Our Privacy Policy, as it may be updated from time to time, available on the Web site, is incorporated into these Terms of Service by this reference. We may amend Our Privacy Policy from time to time pursuant to the terms for amending this Terms of Service (as described in the Preamble above).
- MEMBER BEHAVIOR AND RESTRICTIONS; COMPLIANCE WITH LAWS: Your right to use the Services is personal to You. You represent that You are an individual and that You are not a corporation or other business entity. You agree not to resell or make any commercial use of the Services without the express written consent of The Astro Philosopher. You are solely responsible for the contents of Your transmissions through Our Web site. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree:
- to comply with all Indian laws regarding the transmission of technical data exported from India through the Service;
- not to use the Website or the Services for illegal purposes.
- not to interfere or disrupt networks connected to THE ASTRO PHILOSOPHER.
- to comply with all applicable regulations, policies and procedures of networks connected to the THE ASTRO PHILOSOPHER Website; and
- to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Astro Philosopher makes use of the Internet to send and receive certain messages; therefore, Your conduct is subject to Internet regulations, policies, and procedures. You will not use The Astro Philosopher for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through The Astro Philosopher any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with any other The Astro Philosopher members’ use or enjoyment of the Web site or Services.
- NO WARRANTY:You understand and agree that:
- the services are provided “as-is” and with all faults. The Astro Philosopher assumes no responsibility for availability (or lack thereof), timeliness (or lack thereof), deletions, nondeliveries, or failures to store any member communications or personalization settings;
- use of the services is at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data;
- the services are provided for entertainment purposes only and The Astro Philosopher, on behalf of itself and its suppliers, disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, or non-infringement and it makes no warranty or representation regarding the results that may be obtained from the use of content or services, the accuracy or reliability of any content obtained through the services, any goods or services purchased or obtained through The Astro Philosopher’s web site, or any transactions entered into through The Astro Philosopher’s site, and makes no warranty that the services will meet your requirements, be uninterrupted, timely, secure or error free. No advice or information, whether oral or written, obtained by you from The Astro Philosopher or through the services shall create any warranty.
- LIMITATIONS OF LIABILITY : In no event will The Astro Philosopher or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages of any kind, including but not limited to damages for loss of profits and the cost of procurement of substitute goods and services (collectively, “indirect damages”) arising out of or in connection with our web site, the services, our privacy policy, or these terms of service (however arising, including negligence), even if The Astro Philosopher had been advised of the possibility of such damages. Without limiting the foregoing, The Astro Philosopher and its suppliers will not be liable for indirect damages arising out of or in connection with:
- the use of or the inability to use the services;
- any goods or services purchased or obtained through The Astro Philosopher’s site, or messages received or transactions entered into through The Astro Philosopher’s services; or
- loss of, unauthorized access to, or alteration of, a user’s transmissions or data.
- INDEMNIFICATION : You agree to indemnify, defend and hold harmless The Astro Philosopher and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of the Privacy Policy or these Terms of Service, or Your violation of any third party’s rights, including without limitation, infringement by You or any other user of Your account of any intellectual property or other right of any person or entity. These Terms of Service will inure to the benefit of The Astro Philosopher’s successors, assigns, and licensees.
- PROPRIETARY RIGHTS TO CONTENT : You acknowledge that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or distributed via email, commercially produced information presented to Member by The Astro Philosopher, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You are not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by The Astro Philosopher, its suppliers, or advertisers.
- NOTICES : Except as otherwise stated in these Terms of Service, all notices to a party shall be in writing and shall be made either via email or Indian mail. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit in the Indian mail, to Member at the address provided by Member in the Registration Data and to The Astro Philosopher at the address set forth below:
“The Astro Philosopher”, C/O-Siddhartha Bodhisattva, Prafullanagar, Baripada-757001, Mayurbhanj, Odisha, India, Phone: (+91)9556934971, (+91)8342015456, Email Id-mail@theastrophilosopher.com - ARBITRATION; INJUNCTIVE RELIEF : Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules in the Indian Law. The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules in the Indian Law, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Delhi in order to protect the rights of such party pending the completion of any arbitration here under, and both parties agree to submit to the exclusive jurisdiction of the courts of India and venue in Delhi, India for any such proceeding.
- GENERAL PROVISIONS : These Terms of Service will be governed by and construed in accordance with the laws of India without giving effect to any choice of law principles that would require the application of the laws of a different state. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service or Privacy Policy to be unenforceable or invalid, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law, and the remainder of the Terms of Service or Privacy Policy, as applicable, will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by The Astro Philosopher. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.