Terms and Conditions (for Client)
The following sets forth the terms and conditions under which Astroyes.com services offers you access to our services.
Welcome! When using Astroyes.com services, you agree to the terms and conditions described herein (“terms of service”). Herein, you are referred to as “client” when you agree to the terms and conditions.
Acceptance of terms of service: Please read these terms of service carefully before using the services provided by Astroyes.com via our website. By clicking the “I agree” button, you signify that you agree with these terms of service.
These terms of service may be amended by Astroyes.com at any time in our discretion by posting the amended terms on our website. if you became a client prior to the posting of amended terms on our website, the amended terms shall automatically be effective 15 days after they are initially posted on our site. You agree that your continued use of this website 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 Astroyes.com. However, also always bear in mind that they shall never be intended to directly affect or inhibit our clients, service quality or client satisfaction.
1. Description Of Astroyes.com:
Astroyes.com provides astrological content, reports, data, telephone, SMS, email and direct consultations’ content via the World Wide Web, electronic mail, and mobile telephone, telephone, SMS and mobile/ tablet applications. Although portions of the Content may be viewed simply by visiting the Astroyes.com (the General Services), in order to access the personalised astrological zone and/or receive additional Content and services (including telephone-based services) from Astroyes.com (the Personalised Services), you shall need to register as a member of Astroyes.com.
2. The General Services and the Personalized Services have been referred collectively as ‘Services’ in these Terms of Service. When a member avails any of the Personalised Services, the member agrees to:
– Provide the requisite amount of current, relevant, complete, and accurate information about himself/ herself, as and when prompted to do so by Astroyes.com
– Maintain and update this information, as and when required, to keep it current, complete and accurate.
– Please note that all information that We request and You provide on original sign-up, and all updates thereto, are referred to in these Terms of Service as Registration Data.
3. Member Eligibility:
The Services are available only to individuals who can form legally binding contracts under the 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) or temporarily or indefinitely suspended Astroyes.com members.
4. Member Registration Data:
Upon registration, including your provision of Registration Data, you will receive a unique Astroyes.com identification (ID) and a password. You shall be entirely responsible for maintaining the confidentiality of your Astroyes.com ID and password. You shall be responsible for all uses of your account, whether or not actually or expressly authorised by you. You may change your password by following instructions on the website. You agree that your account, ID, and password may not be transferred or sold to another party. You shall also agree to immediately notify Astroyes.com of any unauthorised use of your account or any other breach of security known to you.
5. Our Access To Your Account:
In order to ensure that Astroyes.com is able to provide high quality services, respond to client needs, and comply with laws, you shall hereby consent to Astroyes.com employees and agents being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or suspected abuse.
6. Modification To Services; Breach; Termination:
Astroyes.com may modify or discontinue (in whole or in part/s) any of its Services or your membership account, with or without notice, for any reason without any liability to you, any other user, or any third party. Without limiting the foregoing, we also reserve the right to terminate your account 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, Astroyes.com, or all or some of our other users, or (c) if We believe you have – provided us with false or misleading Registration Data or other information, have interfered with other users or the administration of the Services, or have violated these Terms of Service or our Privacy Policy.
7. Privacy Policy:
Privacy of our customers and subsidiaries is very important to us, and thus is our Privacy Policy. This Privacy Policy may be updated from time to time, and the changes shall be incorporated into these Terms of Service for reference. We may amend our Privacy Policy from time to time pursuant to the terms for amending this Terms of Service.
8. Member Behaviour And Restrictions:
Compliance with laws: Your right to use our 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 Astroyes.com. You are also solely responsible for the content of your transmissions through our Website. 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 our Services
– Not to use the Website or any of its Services for illegal purposes
– Not to interfere or disrupt networks connected to Astroyes.com
– To comply with all applicable regulations, policies and procedures of networks connected to the Astroyes.com website; and
– To comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.
Astroyes.com 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 Astroyes.com 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 Astroyes.com any unlawful, harassing, libellous, 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 offence, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorised access to other computer systems/ servers are strictly prohibited. You shall not interfere with any other Astroyes.com members use or enjoyment of the Website or Services.
9. No Warranty
You ought to understand and agree that all the Services by Astroyes.com are provided on the client’s demand. Besides, Astroyes.com assumes no responsibility for availability (or lack thereof), deletions or failures to store any member communications or personalization settings. in particular, but not by way of limitation, Astroyes.com may delete e-mail or other accounts or the information therein if the account is inactive for more than ninety (90) days the use, application and understanding of all the predictions and explanations is on the User’s discretion, and the User shall be solely responsible for any eventuality, if any arises. Astroyes.com, on behalf of itself and its subsidiaries, 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 Astroyes.com, or any transactions entered into through Astroyes.com’s site, and makes No Warranty that the services will, at all times, meet your exact requirements, be 100% uninterrupted, 100% timely, secure or error free. No advice or information, whether oral or written, obtained by you from Astroyes.com or through the services shall create any such warranty.
10. Limitations Of Liability
In no event will Astroyes.com 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 website, the services, our privacy policy, or these terms of service (however arising, including negligence), even if Astroyes.com had been advised of the possibility of such damages. without limiting the foregoing, Astroyes.com 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 SERVICES PURCHASED OR OBTAINED THROUGH ASTROYES.COM’S SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ASTROYES.COM’S SERVICES; OR LOSS OF, UNAUTHORISED ACCESS TO, OR ALTERATION OF USERS TRANSMISSIONS OR DATA
11. Indemnification:
You agree to indemnify, defend and hold harmless Astroyes.com 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 parties’ 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 insure to the benefit of Astroyes.com’s successors, assigns, and licensees.
12. Proprietary Rights To The 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 the Member by Astroyes.com, 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 Astroyes.com, its suppliers, or advertisers.
13. 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 Post. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit to Member at the address provided by Member in the Registration Data and to Astroyes.com at the address set forth below:
453, Malviya Nagar,
Prayagraj,
Uttar Pradesh, India – 211003
14. 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 judgement 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 Prayagraj in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of India and venue in Prayagraj, Uttar Pradesh for any such proceeding.
15. 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 Astroyes.com. 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/s.
16. Delivery, Return & Cancellation
REPORTS: Customers are requested to exercise due discretion and care while ordering reports, because once the report has been allocated to an astrologer for processing, no refund requests will be entertained. However, if you wish to cancel an order for a report, you can do so within one hour of placing the order, in which case you will have to e-mail at info@astroyes.com
Reports are delivered within 72 hours from the time the required inputs are provided by the user. Please check product page for exact delivery times.
The delivery time-frames displayed on our website are approximate, but we make every effort to strictly adhere to them. However, since these reports are personalised and manually prepared by our astrologers, sometimes human delays may become inevitable. Minor delays which are considered reasonable will not be treated as a basis for refunds. Also, refund requests for incorrect data provided by customers will not be entertained under any circumstances. You are therefore requested to double-check your data before providing it to us. Still, if you e-mail us at info@astroyes.com within an hour of ordering the report, we will consider making the appropriate changes.
TALK TO ASTROLOGER MINUTES: Once you have paid for the minutes to speak to the astrologers, refund requests will not be entertained under any circumstances. Clients may be allowed to change timings as per the consultant’s convenience.
Terms and Conditions for Consultant
This Terms is entered between the Astrologer who sign up to become an Astrologer Consultant (herein referred to as “You”) on the Astroyes.com platform. When you sign in as an Astrologer, you are showing your acceptance after clicking on the “I AGREE” button which signifies that you have read the Terms of Service carefully and are bound by the same once your selection as an Astrologer Consultant is completed with Astroyes.com (herein referred to “us”, “we” or “Astroyes”).
1. NATURE AND APPLICABILITY OF THE TERMS
a. Terms shall include the present Service Terms and Conditions and the Privacy Policy, and both together shall constitute a legal Terms (“Terms”) between You and Astroyes.com.
b. Astroyes.com reserves its rights to update, change, modify, add or remove the present Terms which shall be duly communicated to you, via Email/or/Website Notification/Application/Other Messaging Services. Your continued use of the Website shall signify your acceptance to the changed terms and conditions.
c. The present terms along with any changes brought in the present service terms and conditions duly communicated to you in any form shall be binding on both of parties.
d. After signing up with Astroyes.com, the below terms shall follow: –
i. You are required to upload a recent profile picture as your specific identity. The Profile Picture once uploaded cannot be changed without raising a request to the Astroyes.com. You are prohibited to use the same profile picture once uploaded on Astroyes.com, at any other platform or at any other website over the internet till the subsistence of the present Terms. Violation of this clause will attract de-activation of your profile without any warning issued and fine of Rs. 10,000 by the Compliance team at Astroyes.com. By creating a profile on Astroyes.com, you automatically grant to Astroyes.com an exclusive, royalty-free, perpetual, irrevocable, worldwide license (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display any parts of your profile including but not limited to profile picture, rating, reviews etc. and/or to incorporate it in other works in any form, media, or technology now known or later developed (b) display your profile online and offline and use the same in any marketing ,promotional or branding activity on any medium like internet, print, television etc, and (c) display portions of your Content online or offline and permit others (contractors ,vendors, partners etc) to do the same.
ii. You agree not to disclose your personal identity on the profile. You will be assigned a specific display name associated with the profile picture being uploaded by you. The Display Name used at Astroyes.com cannot be changed without raising a request with Astroyes.com. You are prohibited to use the same display name at any other similar platforms related to astrology consultations or predictions.
iv. You agree that you shall not use the exact same profile picture for a period of 5 years from the date of termination of this contract/ cessation of your profile/relation with Astroyes.com.
vi. You declare and affirm that any information provided by You to Astroyes.com and uploaded by you on the Website is true and correct to the best of your knowledge and belief. No information provided by you is against law and illegal. It is agreed between the parties that if any information provided by you is found to be untrue or wrong, a penalty of Rs. 51,000 shall be imposed and Your profile shall be deactivated immediately without any information to You.
e. By signing up with Astroyes.com, You agree that you shall not work/deliver your services on any competitor platform imparting similar services over the internet. You are also prohibited to use a disguised or alias name while trying to deliver your services (similar to the service being delivered at Astroyes.com) on any competitor platform over the internet. You also agree not to use the display name and profile picture of your Astroyes.com profile on your personal social media handles and website or anywhere on the internet. Violation of this clause will attract deactivation of your profile without any warning issued and a fine of Rs. 21000 by the Compliance team at Astroyes.com.
f. By signing up with Astroyes.com, You agree that you shall not open a similar platform for a period of 5 years from the cessation of your profile/relation with Astroyes.com. You are prohibited to use the Tag of Astroyes.com to lure the customers advised through the platform Astroyes.com. You may however after the termination of all relations with Astroyes.com, choose to work with a similar platform without using the same display name, profile picture and other specific features as detailed above in this clause.
g. By signing up with Astroyes.com and after due verification of the details as provided by You, your profile will be created. After your profile has been made live and upon termination of the present Terms, Astroyes.com shall have the right to display your profile on Astroyes.com for a continuous period of 3 (Three) years if the profile has not been deactivated/removed for violation of any terms and conditions of the present Terms between the parties.
2. OBLIGATIONS AND PERFORMANCE
a. Zero tolerance / Conduct:
i. You shall be under obligation to treat the Customer approaching through Astroyes.com, in a cordial fashion. Use of any kind of filthy language, imparting threats, etc. shall lead to deactivation of your profile on Astroyes.com for a minimum period of Seven (7) Days and shall attract penalty of Rs. 5100/- for re-activation of your profile. It is further agreed between the parties that the 7 days period can be further extended until the penalty is not paid within 7 days whereafter penalty of Rs. 200/- INR per day will be imposed on the astrologer until the date of re-activation.
ii. You are required to maintain proper decorum and answer all kinds of questions being sought by the customer in a peaceful manner. You agree that you shall not upload the personal information supplied by the customer or display at any place over the internet or any other platform, the reason or purpose of the advice sought from You by the customer. Any complaint received in such scenario shall lead to de-activation of your profile without any warning to you.
iii. You agree not to upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable on/through Astroyes.com.
iv. You agree to maintain decorum while replying to any comment posted on Astroyes.com inclusive of any comment or review posted by the customer dealt by you. While maintaining decorum you are prohibited in giving any personal information of customer and the purpose for which the advice has been sought or any other confidential information revealed to you during your conversation/consultation with the customer.
v. You agree not to do any acts which may harm the reputation and interests of Astroyes.com including, but not limited to posting negative reviews on any social platform, disclosing company’s policies to anyone and in general making any defamatory comments of any type or nature whatsoever to anyone about the the Company, its employees, officers, directors, agents, consultants, affiliates etc . You furthermore agree not to encourage, motivate, influence any of your friends, family members, customers, acquaintances or any other person to do the same. Any violation of this clause shall attract penalty of Rs. 21,000/- INR. Further, the Green Tick shall be removed immediately on violation and account shall stand deactivated temporarily. For re-activation, the compliance team shall review the case and evidence and on being found guilty, the profile shall be deactivated permanently.
vi. You agree not to promote any other platform/competitors providing similar services like Astroyes.com while using the Astroyes.com platform. Any violation shall attract penalty of Rs. 21,000/- INR. Further, the Green Tick shall be removed immediately on violation and account shall stand deactivated temporarily. For re-activation, the compliance team shall audit all the chats and calls between the customer(s) and the Astrologer Advisor and on found guilty, the profile shall be deactivated permanently.
vii. You agree not to share sensitive/personal data from your consultations to any user/consultant/internal members of Astroyes.com platform (unless approved from concerned team).Any violation shall attract penalty of Rs 21,000. Furthermore, Green tick shall be removed immediately on violation and account shall stand de-activated temporarily
viii. You are not allowed to share internal policies and information about Astroyes.com services with any user/clients. Astroyes.com follows strict zero tolerance policies and incase of any violations or misconduct , a penalty of Rs 21,000 will be charged from the consultant. Furthermore, Green tick shall be removed immediately on violation and account shall stand de-activated temporarily
b. Personal Information:
i. You shall not share any personal information belonging to yourself or any of your friends,acquaintances, family members or any other persons who may or may not be connected with you . Such personal information is inclusive of contact number, bank account details, e-mails, websites, personalised page, blogs, social media profile(S) [inclusive of but not limited to Facebook, Wechat, Whatsapp, Telegram, Messenger, SMS etc] with any of the customer seeking advice. Violation of this clause shall attract penalty of Rs. 21,000/- INR. Further, the Green Tick shall be removed immediately on violation and account shall stand deactivated temporarily.
ii. You are not permitted to charge for a free service being imparted by you for any reason whatsoever.
iii. You agree that you shall not ask the customer to deposit any amount in your personal account for the services rendered through Astroyes.com.
iv. Mis-use of any information or sharing indirectly any personal information with the customer shall attract penalty of Rs. 21,000/- INR. Further, the Green Tick shall be removed immediately on violation and account shall stand de-activated temporarily.
v. For re-activation, the compliance team shall audit all the chats and calls between the customer(s) and the Astrologer Advisor and on found guilty, the profile shall be deactivated permanently.
c. Time commitment:
i. You agree to spend a minimum of 4 (four) live hours on the Website to increase your credibility among the users/customers visiting the website regularly. Four Live hours for daily average shall be calculated on weekly basis after accumulating the time spent by You on the platform in one week.
d. Mis – using Website for Personal Gain:
i. You are strictly prohibited to use the Website for promoting your personal products with the intention to attain personal gain through recommending and selling the products.
ii. If You are found violating Clause 2(c) (i), Astroyes.com shall issue a written as well as verbal warning along with a penalty of Rs. 11,000/- INR for avoiding de-activation of the profile.
e. Direct Contact Prohibition:
i. You are prohibited to obtain the contact information of any customer seeking advice from you and solicit the customer to contact you personally for your personal gain.
ii. You agree to inform the customer approached through Astroyes.com to route all its queries through the portal and update the customer for not sharing his/her personal details on the chat/call conversations.
iii. In case you want to refer any customer to any other astrologer who is there on the Astroyes.com platform, you may do so only by sharing the Astrologer’s Astroyes.com ID and Name and not through any other means including but not limited to – phone number, address, email address, website, social media handles like facebook or instagram profiles etc
iv. You agree and declare not to use the personal information of customer shared by the customer during the consultation/contact through Astroyes.com with you. On receiving such personal information inclusive of the contact details of the customer, You agree not to approach the customer directly without informing Astroyes.com for any reason inclusive of personal gains. Violation of this Clause shall attract immediate de-activation of your profile with penalty of Rs. 21,000/- for each violation made by You.
f. Pure Astrology Services:
i. Astroyes.com does not promote or encourage any superstition like Tantra, Black Magic, Totke, Vashikaran etc. You are advised to provide simpler remedies to the customer seeking advice. Any advice which is directly relatable to any loss or danger of life be it animal or human being shall be viewed as gross violation of the terms and conditions.
ii. Violation of clause 2(e)(i) shall attract penalty of Rs. 21,000/- without any warning and your profile shall be banned/removed from the Website. Payment of Penalty may allow re-activation of the profile subject to the severity of the violation made by you.
iii. You agree to respect other Astrologers listed on the Website while imparting your services to any user/customer at Astroyes.com. You are prohibited to defame or humiliate any other Astrologer listed at the Website inclusive of usage of terminology like less capable, inefficient, less knowledgeable, etc. Such conduct shall be considered a grave violation of the present Terms and a penalty of Rs. 11,000 shall be applicable on You.
g. Misuse of Credentials provided by Astroyes.com:
i. You agree not to share the credentials received through Astroyes.com with anyone inclusive of Astroyes.com/AstroQ credentials. The system obtains data from the IP address employed by you while operating the website and on finding violation of the same penalty of 21000 and profile deactivation will be done.
ii. You agree not to share your personal account details registered with Astroyes.com to anyone else. You are prohibited to provide consultation to the customer through anyone else by impersonating you before the customer. Such impersonation shall attract criminal liability against you along with fine of 11,000 and profile deactivation.
iii. You agree not to impersonate any person or entity, including, but not limited to, any other Astrologer registered on Astroyes.com, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity or other portals.
h. Honest Price Commitment:
i. You agree to maintain your services at the fair price guaranteed by Astroyes.com to its customers. You agree not to sign up with any other portal imparting similar services as Astroyes.com on similar price or any price lower than the price at Astroyes.com.
ii. The system at Astroyes.com is built to track the profiles made by you with any other portal on lower price while on the Astroyes.com. Such action will lead to lowering your price quoted on the website without seeking any approval from you.
iii. Any violation of this clause will be considered as an offence and you shall be liable to such appropriate action under the law alongwith a penalty of Rs. 11000/-.
i. Predictions:
i. Astroyes.com prohibits predictions on sensitive issues which may lead to un-informed choice being made by the customer. You are advised to refrain from advising any customer on the following list which is not exhaustive and shall include other situations leading to any offence being committed by the customer relatable to the advice provided by you:-
Predicting gender of the unborn child.
Prediction with regard to any criminal offence being planned by the customer.
Prediction with regard to achieving success through illegal means.
Predictions relating to gambling, money – laundering, drug abuse etc.
Predicting with regard to ensuing death for any reason whatsoever inclusive of accidental, medical, etc.
ii. Astroyes.com reserves its right to take appropriate action under the law against violation of this clause which shall include the penalty of Rs. 21,000 along with immediate profile de-activation. It is agreed between the parties that once the profile is de-activated under this clause, You shall be black-listed for future from making or contracting with Astroyes.com in any manner whatsoever.
iii. It is agreed between the parties that all the Chat conversation and the call consultations made by You with the customer/user of the Website shall be duly recorded for quality purposes. Astroyes.com reserves right to monitor such conversations and consultations for monitoring purpose with prior approval from You.
iv. You agree and declare that while answering reports you will not copy/paste data from another app, you will type all answers by yourself after deeply analyzing the customers problems and his charts. If we found any complaints of you copying answers from any website or poor report quality immediately refund will be processed to customer, penalty of Rs. 11000 will be levied on you and your report section will be closed
v. You agree that after submitting reports answer to user you will take feedback session within time which is mentioned on platform for feedback, failing so will attract penalty as deemed fit by company which may include report section closure, complete refund to user and additional penalty up to Rs. 5000.
3. USAGE OF FEATURES
a. NEXT ONLINE TIME:
After you log out from your account, you shall mark the NEXT ONLINE TIME i.e. the expected time of logging again and coming live on the Website. This is must for increasing a loyal customer base leading to personal growth through the website. Not following such terms can lead to negative impact on your profile by updating your penalty count by +1 leading to your profile to be shifted at the bottom of the website.
b. REVIEWS:
The website has a functionality of review for the services rendered by you to its customers. The customer can give a positive as well as negative review depending on the service rendered by you. You agree not to remove/delete any review and any change required to be made in the reviews submitted by customer, a request in the “My review” tab in your dashboard can be submitted for deletion to the technical team, which shall review and take appropriate action.
c. PRICING:
i. The pricing facility is provided to you on your dashboard which can be reviewed on the request being submitted by you to the Technical team from your Dashboard. You agree to the policy that the pricing can be increased or decreased upto 20% after a gap of 30 days from the date of joining or from the last price updated on your profile.
ii. It is agreed between the parties that the amount paid by the customer for the consultation through Astroyes.com, 50% of the same shall be retained by Astroyes.com and 50% amount shall be deposited in the account details as provided by You subject to any kind of offer being presented to the customer by Astroyes.com which is inclusive of buyback offer, Promotional Schemes offering Discounts, etc.
iii. Notwithstanding anything contained in clause 3(d)(ii) above, the amount required to be paid to You for such consultations where Offers have been provided to the customer while booking consultations, shall be proportional to the offering given by Astroyes.com inasmuch as amount lesser than 50% shall be paid to You detailing the amount deducted due to the promotional offer given to the customer.
d. PROFILE UPDATE:
You agree that the profile once verified by the Compliance team cannot be changed without prior approval subject to the re-verification of the change requested to be made in your profile. Any request for changing the contents of your profile is required to be raised from the dashboard by raising a ticket for the same on the platform.
e. FEATURE UPDATION:
Astroyes.com reserves its right to update any feature provided to you while associating with the platform. Once any new feature is added or upgraded or deleted, the same shall be duly updated to You on your notice board/dashboard in the Astroyes.com Application. Your continued use of the Website shall signify your acceptance to the updates made.
4. CANCELLATION
(a)You agree that any service rendered by you through the platform is chargeable. It is further agreed that if any written complaint is being received from any client seeking refund of the amount paid on the website, the complaint shall be subject to review from the Administrator/Compliance Team. If the complaint is found genuine, the consultation fees provided by the client to you will be deducted from your account without seeking your approval. It is agreed between the parties that the decision taken by Astroyes.com shall be final with regard to any cancellation and the customer shall be appointed to another consultant.
(b)Notwithstanding anything contained in the above clauses, refund can be initiated only for the service rendered in the past 72 hours from the date of the request of refund being made by the user/customer.
5. INDEMNITY
a. You undertake to indemnify the Website and its affiliates, directors, employees and other officers against any claims, liabilities, actions, proceedings, demands, expenses etc which the Website may incur or suffer in connection with any proceeding arising out of
i. The use of the platform by you,
ii. Any unauthorised use and violation of the profile created and managed by you on the Website.
b. The indemnified party, before any claim is brought for indemnification, shall, notify the indemnifying party of the indemnifiable proceeding, and to deliver to the indemnifying party all legal pleadings and other documents reasonably necessary to indemnify or defend the indemnifiable proceedings.
c. If the indemnified party fails to notify the indemnifying party of the indemnifiable proceeding, the indemnifying will be relieved of its indemnification obligations to the extent it was prejudiced by the indemnified party’s failure.
6. GOVERNING LAWS
a. This Terms, and, any disputes arising out of the present Terms shall be governed by the laws applicable to Uttar Pradesh
b. The Courts situated at Prayagraj shall have exclusive jurisdiction to entertain and decide any dispute arising between the parties under this Terms.
7. DISPUTE RESOLUTION
a. Any dispute arising out of this Terms and the Website, shall be settled by resorting to alternate modes of dispute resolution at first instance inclusive of Arbitration, Mediation and Concilliation.
b. The Award passed by the Arbitrator shall be final and binding on both the parties.
8. SEVERABILITY
a. The Parties agree that if any of the provisions of this Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the other remaining provisions of this Terms shall remain in full force and effect.
b. On such clause being declared or determined as unlawful or un-enforceable, the same shall stand removed from this Terms while the other Clauses shall have no adverse effect in the case of such clause being declared as unlawful or un-enforceable.
9. CONFIDENTIALITY AND NON – DISCLOSURE
a. You agree that you shall hold the confidential information in the strictest of confidence and to protect the Confidential Information from disclosure to any third party. The confidential information can be used only for the use of the Website under this Terms and shall not use any part of it, for its own purposes or the purposes of any other party.
10. INTELLECTUAL PROPERTY
Astroyes.com shall be the sole owner of and retain all ownership rights to all content generated and displayed on the Astroyes.com Platform including copies of data transferred or received between the users ( customers) of the platform and the Astrologer. This section shall survive expiration or termination of this Agreement
11. OTHER GENERAL PROVISIONS
a. Limitation On Liability: Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this Terms.
b. Assignment: Neither party may assign this Terms or any of their rights or obligations under this Terms without the other party’s written consent.
12. Modification of Terms
Astroyes.com reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, including ,but not limited to penalty clauses under the sections – “Obligations and Performance” , “Usage of Features”,”Refunds and Cancellation” etc, at its sole discretion. Any such change(s) shall be effective immediately upon the posting of revised Terms and may or may not be separately notified via email. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By signing onto the application by agreeing to the “Terms and Conditions” anytime after the “LAST UPDATED” date, you shall be deemed to have accepted the Terms herein including the amended Terms published from time to time. Your continued use of the Platform following the posting of changes mean that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Application. We encourage you to refer to the “Terms and Conditions” every time you login into the application. It is, further, clarified that your use and access of the Application/Service(s) is subject to the most recent version of these Terms made available on the Application at the time of such use.
Disclaimer
Astroyes and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The information and predictions provided by Astroyes website are for entertainment purposes only, and it cannot be considered as a replacement for the advice, program, treatment or consultation of any kind that you may receive from a licenced professional such as a doctor, lawyer, or a financial advisor. These are mere predictions that indicate a possibility of instances or occurrences. Astroyes.com does not offer warranties, assurance or guarantees of any kind, and will not be responsible for any interpretation or usage of the information mentioned above by the recipient.
Privacy policy
In order to demonstrate our sincerity and commitment to protecting the customer’s privacy, we at Astroyes.com have chalked out this privacy policy. We respect the need for privacy in our clients, and we do realize the importance of feeling safe and secure whenever a client transacts with us. Please note that we are fully committed towards protecting our clients’ personal information, and take all possible steps to ensure that transactions at Astroyes.com are absolutely secure. Following are the salient points of our privacy policy.
Information collected
When our clients choose to use our personalized services and features, they are required to register with their personal profile on the website. In the process, they may be required to offer information such as name, gender, birth information, e-mail ID, password, place of residence, postcode, etc. This information is vital for us to create horoscopes and provide accurate personalized reports to our clients. The clients’ e-mail ID and password are used to protect their personal profile. This also makes our personalised e-mail service available to them. Non-personal identifiable information about our clients is collected on the website from their IP address or pages surfed. However, we wish to clarify here that we do not collect any personally-identifiable information about our customers, unless they voluntarily offer such information, while using our products and services by filling out forms or surveys.
We do collect personally identifiable information from our clients via feedback forms and surveys, but in this case it is voluntarily provided by the clients, as this information is used by us to make our products and services better and more accurate. This also ensures that their entire experience with us is more rewarding.
We have found that customers who have used our services once tend to come back for more, which is precisely because we honour their privacy and confidence in us, and give them exactly the content they ask for, and nothing that is not relevant to their query.
Use of information
The data that we collect from our clients is used to deliver personalised reports, for internal marketing purposes, trend analysis, to figure out patterns of usage as well as for better website administration. We do not, as a matter of policy, disclose any personally identifiable information to third parties unless the customers give us their prior express consent. Still, it is pertinent to note, that under certain circumstances such as a court order or under prevailing government norms, we may be compelled to disclose such information. Also, we cannot guarantee that third parties may unlawfully intercept or access transmissions or private communications. Besides, in cases where we ask our clients for personally identifiable information and notify them that it will be shared with third parties entities, and our customers opt-in to share the information with them, such an opt-in will supersede anything to the contrary contained in this privacy policy.
Use of IP addresses
The client’s IP address is used by Astroyes.com for more efficient administration of the website, to identify problems with our server and to keep a tab on general trends and statistics.
Use of cookies
When visitors browse our website to surf for products, services or free reports, we are likely to store some of this information in the form of cookies on their computers. This is done mainly to customise their current and future visits to our website, and to deliver content relevant to the customer’s interests. We would also save passwords, so the clients don’t have to re-enter it every time they visit the site. However, they have the option of setting their browser, so that it notifies them when a cookie is sent, and they can decide whether to accept it or not. It needs to be remembered, though, that certain sections of the website may not function optimally, if cookies are deactivated or rejected.
Use of e-mail address
We give the assurance that the e-mail addresses given for receiving our reports and services will be safe with us, as we will never disclose it to third parties. Any horoscopes or other special offers that the clients choose to receive will be sent to them exclusively by Astroyes.com.
Security
As clearly pointed out above, Astroyes.com does not collect any payment information. This is solely handled by our payment gateway partner, which is a 128-bit Verisign-secured site. It is hereby understood that we have put in place, and have committed to follow, reasonable industry standard technical and procedural methods to protect our clients’ personal information from unauthorised access. Still, it must be fully understood that neither Astroyes.com, nor any other website, can completely eliminate such risks.
Other websites links
Astroyes.com hereby disowns any responsibility for the privacy policies of other websites whose links may be found on any of its pages.
Change/Update
Clients can, whenever they wish, change or update their personal information provided earlier in the following manner:
- By first clicking on “Edit”.
- They by changing the information they wish to change.
- Clients may also, by sending an e-mail on info@astroyes.com with Unsubscribe written in the subject line, discontinue receiving daily or weekly horoscopes by e-mail.
It needs to be noted here that such information may also be stored on other databases, and we may not always be able to ensure that these changes or deletions will reach those other databases. As for our database, we assure that all reasonable efforts will be made to correct or delete the information as the client desires.
Delete profile
If the clients wish to delete their profile on our website, they can do so simply by clicking on the delete link.
Contacting us
Should the clients have any doubts or queries regarding our privacy policy or the procedure to deal with us, they can contact us at info@astroyes.com.
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