NeoAstro - Terms and Conditions

1. GENERAL

  1. 1.1 These are the terms and conditions of use (hereinafter ‘Terms’) which form a legal and binding agreement between NeoAstro (hereinafter in after referred to as ‘Us’, ‘We’ or ‘Our’) and any person (‘You’/ ‘Your’/ ‘User’) accessing:
    1. a. Our website – (‘Website’) and the mobile application (‘App’), including any sub-domains of the Website, or related top-level domains, mobile sites, apps, Application Programming Interfaces ('APIs'), and widgets (hereinafter collectively referred to as the `Platform’),and/or;
    2. b. Any data, information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted, or otherwise made available via the Platform (jointly referred to as the ‘Content’) for chats, calls, messages, interactions, sessions, consultations, reports, or any other ancillary content made available by the Company or its affiliated third parties (‘Services’).
  3. 1.2 The User shall be bound by these Terms, Privacy Policy (Privacy Policy) and all other rules, regulations, and terms of use referred to herein or provided by the Company in relation to Services on the Platform, all of which are incorporated herein by reference and shall be construed to be a part of the Terms.
  4. 1.3 This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and other applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  5. 1.4 You acknowledge and agree that by using or accessing the Platform and Services, You agree to be bound by the Terms.You acknowledge that We provide use and access to Our Platform and Services to You, subject to the Terms. You agree, acknowledge, covenant, and undertake that You have completely read and understood the Terms, as amended from time to time, and will be bound by the Terms.
  6. 1.5 We reserve the right to amend, modify, update, or otherwise change all or any of the Terms at any time by publishing modified or new Terms. The Company may, at its sole discretion, also notify the User of any change or modification in the Terms by way of sending an email to the User’s registered email address or posting notifications in the User’s Account.
  7. 1.6 If the User does not accept the modified Terms, We reserve the right to deny access to the Platform and Services to the User.
  8. 1.7 The Company may, at its sole and absolute discretion:
    1. 1.7.1. Move or remove any Content that is available or posted by a User on the Platform.
    2. 1.7.2. Establish general practices and limits concerning the use of the Platform and modify these practices, limits and thresholds at its discretion, from time to time, and such changes shall be notified and/or included within updated Terms as deemed fit by Company.
    3. Assign its rights and liabilities to all User Accounts hereunder to any entity (post such assignment, intimation of such assignment shall be sent to all Users to their registered email addresses).
  10. 1.8 Your use of any information made available via Our Platform including but not limited to the Content provided on Our Platform is at Your own risk. Other than as expressly set out in the Terms and to the extent permitted by law, We make no warranty as to the accuracy or reliability of the Content on Our Platform or in Our publications (including, but not limited to, any Content or information generated on Our Platform by or on behalf of Us, and any third-party Content on Our Platform). We and Our related entities, directors, officers, and agents disclaim all liability and responsibility for any loss or damage (whether direct or indirect) that may be suffered by any recipient through relying on anything contained in or omitted from the Content, Our Platform or Our publications.
  11. 1.9 IT IS VITAL THAT YOU READ, UNDERSTAND, ACKNOWLEDGE AND UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS OR ANY PART THEREOF, PLEASE DO NOT USE/ ACCESS/ DOWNLOAD/ INSTALL THE PLATFORM OR ANY PART THEREOF.

2. DESCRIPTION OF SERVICES

  1. 2.1 The Company offers Users the Services and access to certain information based on the inputs provided by the User. Such information is facilitated through automated means and sources. The information and responses provided on the Platform arebcomputer-generated and may be derived from proprietary models or third-partybAPIs that the Platform partners with. Users acknowledge and understand that the responses generated are algorithmic in nature, based on probabilistic predictions.
  2. 2.2 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Company on the Services are subject to change as per the Company’s discretion.
  3. 2.3 Any charges levied on Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are solely the responsibility of Users and shall be borne by them.
  4. 2.4 Internet connectivity issues at Your end, disruptions due to Your local internet environment, errors in the setup of software or hardware of Your device, or other factors not directly attributable to Us, are beyond Our control, and accordingly, You agree that We will not incur any liability for any halts, breaks, or interruptions in Your usage of Our Services on account of such issues.
  5. 2.5 You are not permitted to copy, reproduce, alter, modify, create derivative works of, orpublicly display any Content or Services displayed on the Platform.

3. PLATFORM CONTENT

  1. 3.1. The Platform which may be available through external hyperlinks of the Website and the App is private property of the Company.
  2. 3.2. All interactions on this Platform must comply with these Terms.
  3. 3.3. The User shall not post or transmit through the Platform any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law for the time being in force.
  4. 3.4. The Company shall have a right to suspend or terminate access by such User or terminate the User’s registration and such User shall not gain access to the Platform.
  5. 3.5. The Company reserves the right to terminate the access or to change or discontinue any aspect or feature of the Platform including, but not limited to, Content, graphics, deals, offers, settings, etc.
  6. 3.6. Any Content received directly or indirectly from the Company or any other third parties through the Platform should not be considered as professional advice (including but not limited to those by professionals such as doctors, advocates, therapists or astrologers). Users agree that the Content and/or Services received through the Platform are purely informational and shall solely be accessed for personal use.
  7. 3.7. The Platform does not provide any guarantees whatsoever regarding the Content as the same is provided by the Platform based on computer-generated responses and publicly available information. The User should always talk to an appropriately qualified professional for their queries which require specialized attention and advice. Without prejudice to the generality of the foregoing, none of the Content is meant to provide diagnosis and treatment including information regarding any medications or treatment that may be appropriate for the User nor does the Content/Platform represent or warrant that any particular medication or treatment is safe, appropriate, or effective for the User. The Company does not endorse any specific tests, medications, products or procedures.
  8. 3.8. The Company does not provide a guarantee regarding any untoward incident that may happen with the User after seeking the Services or accessing the Content and acting on statements made thereunder. The Company is not liable and does not guarantee any results as expected by the User and accessing the Platform is purely at the risk of the User.
  9. 3.9. The Company does not have control and does not monitor the Content disseminated to a User in the course of the User availing the Services.
  10. 3.10. You agree not to attempt to impose liability on or seek any legal remedy from the Company with respect to any of Your actions or omissions pursuant to availing any Content or Services.
  11. 3.11. The Content and Services offered on the Platform are not meant to replace any philosophical, emotional or medical treatment or advice. The Platform holds no responsibility or liability about the reality or reliability of the Content and its astrological effects on the human physiology. The placing of a request for availing Content or Services on the Platform lies solely in the discretion and will of the User and the Company does not have any responsibility whatsoever in this regard. The User is advised to exercise their discretion.
  12. 3.12. The Platform does not permit the use of the Services by any User who is a resident of any jurisdiction that may prohibit the use of the Services rendered by the Platform.

4. ELIGIBILITY

  1. 4.1. You must be over 18 years of age and legally competent to agree to these Terms for accessing and/or using Our Platform.
  2. 4.2. By agreeing to the Terms, You represent and warrant to Us that: (a) You are legally competent to contract, are of sound mind and are legally competent to take decisions; (b) You have not previously been suspended or blocked from using the Platform; (c) Your registration and Your use of the Platform is in compliance with any and all applicable laws and regulations; and (d) Your use of the Content or/and the Platform is solely for personal and informational purposes and not for any other purpose including commercial use of the Content or/and the Platform.
  3. 4.3. We reserve the right to request proof of identity at any stage.
  4. 4.4. You agree to provide true, accurate, current, and complete information at the time of registration and at all other times while availing Content on the Platform. You agree to update and keep updated all information provided for the purposes of registration. You undertake and agree that all information provided by You from time to time is true, accurate, current, and complete to Your personal knowledge.

5. USER REGISTRATION AND ACCOUNT CREATION

  1. 5.1. In order to access the Platform offered by the Company, a User may be required to register on the Platform and create a user account (“Account”) using such information that is requested by the Platform. The terms of our Privacy Policy (available here) shall apply to the collection and use of such user information.
  2. 5.2. Each User is only permitted to open one Account. The Company reserves the right to terminate or suspend any duplicate Accounts of a User.

6. PAYMENT TERMS

  1. 6.1. The Company may charge Users for providing access to the Platform, Content, or Services (“Fees”). In addition to such Fees, the Company reserves the right to charge Users for additional in-application purchases that may be made available on the Platform.
  2. 6.2. For any payments made under these Terms, the Company and the Users shall bear their own respective responsibilities and liabilities for all taxes payable as per applicable laws.
  3. 6.3. If the Company provides access to any third party services through the Platform where payments may be required, then the relevant terms and conditions of such third party shall apply to the Users. The Company assumes no liability for any charges, transactions, or ancillary disputes that may arise from Users availing such third party services.

7. CANCELLATION AND REFUND

  1. 7.1. No refund shall be processed once an order is placed on the Platform for access to Content or/and the Platform.
  2. 7.2. Any technical delay or glitch reported on the Platform during the processing of the request which includes generating the Content or Services may be eligible for claiming refund subject to the sole discretion of the Company and such other terms that may be applicable from the payment partners.
  3. 7.3. No refund shall be processed if incorrect information has been provided by the User. The User agrees to be careful while providing any information on the Platform and must re-check the information filled before clicking on “Submit”.
  4. 7.4. The refunds, if any, shall be processed after deduction of the transaction charges levied by the bank and/or the payment gateway, and/or any other charges that may have been incurred by the Company during processing and/or delivering the order, as applicable.
  5. 7.5. Once an order for any report progresses to the “processing” stage no refund shall be entertained under any circumstances. The User assumes full responsibility for placing an order in haste or without due diligence, and the Website disclaims any liability for refunds once processing has commenced.
  6. 7.6. No refund shall be granted in cases of technical delays or glitches encountered on the Website that affect report generation by the astrologer. The Website provides approximate timelines for service delivery and shall take all reasonable steps to adhere to them.
  7. 7.7. Refunds shall not be issued if the User provides inaccurate or incorrect information. Users are responsible for verifying the accuracy of all data before submission.
  8. 7.8. All services and products offered are not a substitute for professional medical, emotional, or philosophical treatments. The Website holds no liability for the effectiveness of astrological services or products, including gemstones. Users purchase such services and products at their own discretion and risk, and no refunds shall be provided on these grounds.
  9. 7.9. If a User provides an incorrect contact number, resulting in a failed connection, no refund shall be granted. Users opting for this feature are responsible for ensuring they are in a network coverage area and available to answer the call.
  10. 7.10. If the Website or the associated payment gateway experiences technical issues such as slowdown, failure, or session timeout, Users should verify their bank transactions before initiating a second payment.

8. USER CONDUCT

  1. 8.1. The User shall not violate these Terms, the Privacy Policy and any other terms that may be applicable for the use of the Platform.
  2. 8.2. The User represents that he / she is an individual and not a corporation or other legal business entity. The right to use the Platform’s Content and Services is personal to the User. The User shall not resell or make any commercial use of the Services without the express written consent from the Company.
  3. 8.3. The User shall not post, publish or transmit any messages that is false, misleading, defamatory, harmful, threatening, abusive, harassing, defamatory, invades another's privacy, offensive, promotes racism, hatred or harm against any individual or group or religion or caste, infringes another's rights including any intellectual property rights or copyright or trademark, violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability.
  4. 8.4. The User shall not upload or post or otherwise make available any content that User do not have a right to make available, under any law or under contractual or fiduciary relationships.
  5. 8.5. The User shall not collect screen names and email addresses of members who are registered on the Platform for purposes of advertisement, solicitation or spam.
  6. 8.6. The User shall not send unsolicited email, junk mail, spam, or chain letters, or promotions or advertisements for products or services.
  7. 8.7. The User shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer.
  8. 8.8. The User shall not engage in any activity that interferes with or disrupts access to the Platform.
  9. 8.9. The User shall not attempt to gain unauthorized access to any portion or feature of the Platform, to any other systems or networks connected to the Platform, to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means.
  10. 8.10. The User shall not violate any applicable laws or regulations for the time being in force within or outside India.
  11. 8.11. The User shall not impersonate other Users.
  12. 8.12. The User shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content or software obtained from the Platform.
  13. 8.13. The User agrees to receive communication through the Platform or through e-mails, messages, various channels, including push notifications, WhatsApp, RCS, SMS, or any other communication medium in regard to the promotion and usage of the Platform.
  14. 8.14. The User is under an obligation to report any misuse or abuse of the Platform. If a User notices any abuse or misuse of the Platform or anything which is in violation of these Terms, they shall forthwith report such violation to the Company by writing to the customer care team. On receipt of such complaint, the Company may investigate such complaint and if necessary, may terminate the membership of the User responsible for such violation abuse or misuse without any refund of payment. The Company also reserves the right to initiate appropriate legal action/remedy against such errant Users.

9. INTELLECTUAL PROPERTY

  1. 9.1. The Platform includes a combination of Content created by the Company, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights”) in the Content and Services offered on the Platform, including (but not limited to) software, advertisements, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by the Company, its affiliates, partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or/and Intellectual Property Rights in the Content or/and Services offered by the Company either in whole or in part without express written consent from the Company.
  2. 9.2. Nothing in the Terms shall be construed to convey, and the Users by virtue of these Terms shall not acquire any ownership or other interest or right in any intellectual property in any of the materials or Content or Services offered on the Platform.
  3. 9.3. Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Platform (“User Content”). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User Content and that no part of the User Content infringes any third-party rights.
  4. 9.4. Users confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform.
  5. 9.5. Users agree to indemnify and hold harmless Company, its directors, officers, employees, affiliates and assigns from and against all costs, damages, loss and/ or harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of the display or use of the User Content, by such User or through the User’s commissions or omissions. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You in which event You will assist and cooperate with Company in asserting any available defences.
  6. 9.6. Users hereby grant to the Company and its affiliates, partners, licensors and associates a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, sub- licensable, license to use, store, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User Content for any of the following purposes:
    • a. displaying User Content on the Platform;
    • b. distributing User Content, either electronically or via other media, to its affiliates or any third parties seeking to download or otherwise acquire it; and/or
    • c. storing User Content in a database.
  7. 9.7. This license shall apply to the distribution and the storage of User Content in any form, medium, or technology.
  8. 9.8. The license shall not lapse due to non-use by Company whether under any provision of the Copyright Act, 1957 or any other law.
  9. 9.9. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Company.

10. RESTRICTED CONTENT

  1. 10.1. The Company prohibits Users from creating, uploading, sharing, or distributing content that is harmful to a child or facilitates the exploitation or abuse of children and such content will be subject to immediate deletion of the Account.
  2. 10.2. The Company does not permit User Content to contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying. The Company does not allow any User Content that appears to promote or solicit a sexual act in exchange for compensation. The Company does not allow User Content that contains or promotes content associated with sexually predatory behaviour or non-consensual sexual conduct.
  3. 10.3. The Company prohibits Users from positing User Content which deceives or misleads anyone about the origin of a message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature.
  4. 10.4. The Company prohibits Users from posting User Content which 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.
  5. 10.5. The Company does not permit Users to post User Content that promotes violence or incites hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic that is associated with systemic discrimination or marginalization.
  6. 10.6. The Company strictly prohibits Users to get into any form of black magic, witchcraft, voodoo and tantrism using the Platform or/and Content. In case it comes to Our information, that a User is indulged intentionally/unintentionally in any such activity, We hereby reserve the right to delete their Account.

11. THIRD PARTY SITES, SERVICES AND CONTENT

  1. 11.1. The Platform may contain Content, Services, or links to other internet sites, offered by other various third parties. Users’ use of such Content, Services, or links is subject to the terms and conditions, if any, of such third party sites. The Company does not exercise control over the Content, Services, or Internet sites apart from those operated by the Company and cannot be held responsible accordingly. The Company’s inclusion of Content, Services, or links provided by third-parties is not an endorsement by the Company of such third parties in any manner.
  2. 11.2. Users’ correspondence, transactions/offers or related activities with third parties, including integrated APIs, chatbots, payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing them prior to transacting or availing of the Services/Content/offers of such third party. The User agrees that the Company will not be responsible or liable for any loss or damage of any sort incurred as a result of any such Services/Content/transactions/offers with third parties. Any questions, complaints, or claims related to any third party Services/Content/transactions/offers should be directed to the appropriate vendor
  3. 11.3. The Content on the Platform consists of content created by the Company as well as content provided by third parties. The Company does not warranty the accuracy, integrity, quality of the Content provided by third parties.

12. PRIVACY POLICY

  1. 12.1. By using the Platform and providing any of Your personal information to the Platform, You affirmatively consent and agree to comply with Our Privacy Policy (Privacy Policy), guidelines and statements as may be applicable from time to time, which are incorporated into and forms an integral part of the Terms. IF YOU DO NOT AGREE TO THE TERMS OF THE PRIVACY POLICY IN ITS ENTIRETY OR HAVE OBJECTIONS TO THE USE OF YOUR INFORMATION, DO NOT ACCESS OR OTHERWISE USE THE PLATFORM OR ITS SERVICES.

13. SECURITY

  1. 13.1. We are not liable for any loss, damages or expenses of any kind incurred or suffered by You arising from or in connection with any failure, delay or interruption, interception, interference, in transmitting passwords/OTPs due to any failure of the mobile service network or any other circumstance beyond Our reasonable control.
  2. 13.2. You agree that You will not disclose Your password / OTP to anyone or allow any other person to access or use Your Account. We are not responsible if Your Account is accessed or opened by other persons using Your password. You shall be held solely responsible and liable for all of Your activities on the Platform made from Your Account.
  3. 13.3. You understand that it is Your obligation to protect the information You have provided on the Platform including, but not limited to usernames, passwords, email addresses, contact details, bank account information etc. You explicitly understand and agree that We will not incur any liability for information provided by You to anyone which may result in Your Account on the Platform being exposed or misused by any other person or any other harm or loss being suffered by You.
  4. 13.4. Provided that Company or its employees have not engaged in fraud or gross negligence, the Company shall not be liable to a User for any unauthorised transaction which has been executed through the Platform as a result of:
    • a. fraud committed by any User using User’s access credentials before the User has notified Company in writing of the loss or theft or such access credentials, as a result of which Company has been unable to take any action to disable the access credentials;
    • b. fraud committed by third parties against Users which may not be preventable by, or occur despite the security systems of the Platform;
    • c. a voluntary action or transaction initiated suo motu by any User at the behest of another User, which is not initiated by Company for the transfer of funds, credit or stored value to another User;
    • d. the security, accuracy, legality, appropriateness or any other aspect of the Content or Services or function of any third party’s products or services on Our Platform; or
    • e. responsibility for the underlying transactions involving funds between You and the sender/recipient of a payment or the actions or identity of any transfer recipient or sender.
  5. 13.5. You should routinely check the ‘Account Balance’ section of Your Account to ensure that there has been no unauthorised use of Your Account. If You suspect any unauthorised activity, You must change Your password immediately and contact Us at Grievance@neoastro.com.
  6. 13.6. Please also contact Us immediately if Your mobile or computer device through which You access the Platform has been lost, stolen or compromised in any way or someone has used or may use Your mobile or computer device or credentials without Your authorisation or if You become aware of any unauthorised use of Your Account.
  7. 13.7. You should only transact with a third party product or service that You trust. The Platform is not a party to and will not be responsible for any disputes, chargebacks or reversals arising pursuant to payment transactions solicited or initiated by and between Users.
  8. 13.8. Please note that We can terminate or suspend Your Account and all associated Accounts, institute fraud prevention measures such as access restrictions, transaction velocity restrictions etc., without prior notice to prevent unauthorised use of Our Platform. You must co-operate with Us in any investigation and use any fraud prevention measures We prescribe, and You agree that We will not be liable to You or any third party for any block, suspension, cancellations, or termination of Your use of an Account owing to such measures.
  9. 13.9. You are hereby informed that any and all information associated with any fraudulent transaction may be shared by the Company (with or without demand) with the law enforcement agencies, for the purpose of verification of the identity of User, or for prevention, detection, investigation, prosecution, and punishment of an offence.

14. DISCONNECTION AND TECHNICAL ISSUES

  1. 14.1. You understand and acknowledge that once a Service has commenced or a Content (or a part thereof has been generated), not being able to access the Service or Content or both due to slow internet connections, faulty hardware, technical failure due to the hardware, internet connection failure, low computer configuration or for any other reason not attributable to Us does not require Us to issue a refund of the amount You may have paid for the Service or Content.
  2. 14.2. We do not hold any liability to any disconnection, lag, freeze or interference in network on the User’s devices.

15. DISCLAIMER OF WARRANTIES

  1. 15.1. The Company disclaims any and all warranties, expressed or implied, in connection with the Content or Services offered on the Platform, all of which are provided to the User as is
  2. 15.2. You agree that use of the Content and Services and the access to the Platform is at Your own risk. The Services including the Platform, the Content, the Services, and any other materials contained on or provided through the Platform are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, the Company does not make any warranties of fitness for a particular purpose, title, merchantability, reliability, accuracy, completeness, availability, security, compatibility, or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.
  3. 15.3. Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, the Company shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond Our reasonable control, including, but not limited to: the acts of third parties, errors in the Content or Services or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, labour stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.
  4. 15.4. To the maximum extent permitted by applicable law, You hereby agree that You shall have no remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms. You agree that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Terms.
  5. 15.5. The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof.
  6. 15.6. To the maximum extent permitted by applicable law, You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms, the Platform, or any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or it shall be forever barred.
  7. 15.7. You agree and acknowledge that the Company does not promise or ensure that You will be able to access Your Account whenever You want. It is entirely possible that You may not be able to access Your Account, or the Platform provided by Company at times or for extended periods of time due to system maintenance and updates.
  8. 15.8. You specifically acknowledge, agree and accept that We are not liable to You for: (i) the defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of Your Account on Our Platform; (iii) any loss incurred in transmitting information from You to Our Platform by the Internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications’ lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with Your access to or use of Our Platform; (v) the accuracy, completeness or currency of any information (including the Content) or Services provided or any statistics shown on the Platform.
  9. 15.9. You acknowledge that the Content and Services provided through the Platform via computer generated responses are based on training the LLM on cumulative or individual knowledge, experience and interpretations of various astrologers and their data available on the internet and as such, may vary from one astrologer to another. We disclaim all liability and warranties regarding this cumulative data that may be provided to you through the Content or Services on the Platform or may form the basis of the Content or Services provided on the Platform.
  10. 15.10 The Company charges for the Services on the Platform as specified on the NeoAstro application, from time to time.
  11. 15.11 The Company holds no responsibility or liability about the reality or reliability of astrological effects on the human physiology. No Content obtained by you through the Services shall create any warranty or liability for the Company.

16. INDEMNIFICATION AND LIMITATION OF LIABILITY

  1. 16.1. You clearly understand and agree that Company shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary or punitive damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if Company has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the Platform, even if We have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable.
  2. 16.2. You agree to indemnify Us and each of Our affiliates, Users, shareholders, directors, officers, employees, agents, representatives, vendors and business partners harmless from and against any and all claims, liabilities, obligations, losses, costs or debt, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to:
    • a. breach of the Terms, in tort (including negligence) third party claims or liabilities arising against Company out of such a breach, based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms;
    • b. Your use of the Platform in any matter that is contrary to applicable laws, with an intent to deceive, defraud cheat, mislead or solicit any business, monetary or non-monetary consideration or information from another User;
    • c. Your breach of any applicable laws or governmental or judicial order which applies to Your use of the Platform from a specific geography;
    • d. Your use of the Platform, including but not limited to Your posting, use of, modification or interaction with any content on the Platform;
    • e. any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You;
    • f. Your User Content;
    • g. use by any other person accessing the Platform using Your username or password, whether or not with Your authorization;
    • h. the use by Us of information provided by You through Our Platform; or
    • i. from any tax demand raised (including and not limited to tax, interest, penalty, withholding tax or any other amount payable under the Indian Income-tax Act, 1961) arising on account of Your misrepresentation and/ or Your non-compliance of the terms and conditions mentioned therein.
  3. 16.3. This indemnification obligation will survive the expiry or termination of the Terms and Your use of the Platform.
  4. 16.4. There could be instances where Company is not able to receive prompt updates about the change in applicable laws at Your place of stay. It is Your obligation to ensure that any activities You engage on the Platform are legal as per the applicable laws. You agree to indemnify and hold harmless, Company or its Platform, from any claim, demand, damage, or loss whatsoever coming out due to Your non-compliance with the laws of Your jurisdiction.

17. TERMINATION

  1. 17.1. We may change, suspend or discontinue any aspect of the Platform at any time, including the availability of any Platform’s feature, database, or Content. We may also impose limits on certain features and services or restrict Your access to parts or the Platform, without notice or liability at any time in Our exclusive discretion, without prejudice to any legal or equitable remedies available to Us, for any reason or purpose. However, under normal circumstances, We will only do so where there has been conduct that We believe violates the Terms or other rules and regulations or guidelines posted on the Platform or conduct which We believe is harmful to other Users, to Our businesses, or other information providers.
  2. 17.2. Upon any termination of the Terms, You shall immediately discontinue Your use and access to the Platform and destroy all materials obtained from it. You hereby agree and consent to the above and agree and acknowledge that We can, at Our sole discretion, exercise Our right in relation to any or all of the above, and that We shall not be liable in any manner for the same; and You agree, acknowledge and consent to the same.
  3. 17.3. You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law and jurisdiction, confidentiality shall survive the efflux of time and the termination of the Terms.

18. DISPUTE RESOLUTIONS

  1. 18.1. In case You have any grievances with respect to the Platform or the Services, You can send an email to Sumit Yadav at Grievance@neoastro.com. Further, if Your grievance remains unresolved or if You are not satisfied with the resolution provided, You can write to Daksh Tyagi at nodal@neoastro.com.
  2. 18.2. Subject to the clauses below, the courts of competent jurisdiction at Haryana shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Platform provided by Company (including the Services, construction, validity, interpretation and enforceability of the Terms, or the rights and obligations of the Users), as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of India.
  3. 18.3. Nothing contained in the Terms shall prevent Company from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard its interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any courts of competent jurisdiction at New Delhi, India. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Company to pursue any remedy for monetary damages through the arbitration described herein.

19. SEVERABILITY

  1. 19.1. If any judicial or quasi-judicial body in India declares any of the provisions of the Terms to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. Any such inappropriate term or condition will be replaced with another term or condition that is valid and enforceable and is in most nearly with effect to the original invalid term. In such event, the parties shall be obligated to construe and interpret the void, illegal or unenforceable provision with a valid, legal and enforceable provision in such manner that corresponds as closely as possible to Company’s intent and objective in the void, illegal or unenforceable provision.

20. GOVERNING LAW AND JURISDICTION

  1. 20.1. These Terms shall be governed by and construed in accordance with the laws of India.

21. MISCELLANEOUS

  1. 21.1. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms 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.
  2. 21.2. Headings of sections in the Terms are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
  3. 21.3. Any waiver of any provision of the Terms shall be effective only if in writing and signed by the Company.
  4. 21.4. These Terms 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.

22. NOTICES

  1. 22.1. Notices under these Terms are sufficient if delivered to the e-mail mentioned here support@neoastro.com. Notice is deemed delivered on the e-mail being sent and received.