Neo Astro
User Terms & Conditions
1. GENERAL
- 1.1. These are the terms and conditions of use (hereinafter eferred to as 'Terms') which form a legal and binding agreement between NeoAstro (hereinafter referred to as 'Us', 'We' or 'Our' or 'Company') and any person (hereinafter referred to as 'You'/ 'Your' / 'User') accessing:
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- a. Our website - https://www.neoastro.com (hereinafter referred to as 'Website') and the NeoAstro mobile application (hereinafter referred to as 'App'), including any sub-domains of the Website, or related top-level domains, mobile sites, apps, application programming interfaces (hereinafter referred to as 'APIs'), widgets etc. (hereinafter collectively referred as the 'Platform'), and/or;
- b. any data, information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted, or otherwise made available by the Platform (hereinafter collectively referred to as the 'Content') for free or paid services such as chats, calls, messages, interactions, sessions, consultations, predictions, horoscopes, readings, reports, or any other ancillary content made available by Us or its affiliated third parties (hereinafter referred to as 'Services')
- 1.2. The User shall be bound by these Terms, Privacy Policy https://www.neoastro.com/privacy-policy/, applicable laws and all other rules, regulations, and terms of use referred to herein or provided by Us 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.
- 1.3. This document is an electronic record in terms of the Information Technology Act, 2000 read with rules and regulations thereunder and other applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- 1.4. You acknowledge and agree that by using, or otherwise accessing the Platform and the Services, You agree to be bound by the Terms and Privacy Policy. You acknowledge that use and access to Our Platform and Services is subject to the Terms and Privacy Policy. You agree, acknowledge, covenant, and undertake that You have completely read and understood the Terms and Privacy Policy, as amended from time to time, and will be bound by the Terms and Privacy Policy.
- 1.5. We reserve the right to amend, modify, update, terminate or supplement all or any of the Terms and Privacy Policy at any time by publishing modified or new Terms and Privacy Policy. We may, at its sole discretion, also notify the User of any change or modification in the Terms and Privacy Policy by way of sending an email to the User’s registered email address or posting notifications in the User’s Account.
- 1.6. If the User does not accept the modified Terms and Privacy Policy, We reserve the right to deny access to the Platform and Services to the User.
- 1.7. The Company may, at its sole and absolute discretion:
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- 1.7.1. Move or remove any content that is available or posted by a User on the Platform.
- 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 the Company.
- Assign its rights and liabilities with respect to allAccounts hereunder to any person.
- 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, affiliates, directors, officers, employees 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, Services or Our publications.
- 1.9. IT IS VITAL THAT YOU READ, UNDERSTAND, ACKNOWLEDGE AND UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OR ANY PART THEREOF, PLEASE DO NOT USE/ ACCESS/ DOWNLOAD/ INSTALL THE PLATFORM OR SERVICES, OR ANY PART THEREOF.
2. DESCRIPTION OF SERVICES
- 2.1. The Company offers Users the Services and access to certain information based on the inputs provided by the User. The communication between the Users and the Platform is facilitated through automated means and sources. Unless otherwise explicitly stated, the information and responses provided on the Platform are computer-generated and may be derived from proprietary models or third-party APIs..
- 2.2. The Website/App offers both free and paid Services. In order to avail personalised astrological consultations, additional content, or any Services, You will be required to register and create a member account on the Platform. By registering for Services, You agree and undertake to:
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- a. Provide true, complete, and accurate information about Yourself as prompted during the registration or subscription process; and
- b. Maintain and promptly update such information to ensure that it remains true, complete, and accurate at all times.
- c. Failure to provide or update accurate information may result in suspension or termination of Your membership and/or access to the Services.
- 2.3. The Services include providing access to services such as chats, calls, messages, interactions, sessions, consultations, predictions, horoscopes, readings, reports, or any other ancillary content by, where Users may arrange and schedule sessions, chats, calls, messages, interactions, consultations, with qualified astrologer from the Company's network (“Network Astrologer”). As part of these Services, the Company facilitates bookings, scheduling, and payment processing, including collection of fees from Users and settlement with Network Astrologer for services rendered.
- 2.4. The services performed by Network Astrologer are referred to as “Astrologer Services.” The term “Services” refers to the facilitation, coordination, and support provided by the Company and does not extend to the outcomes of the Astrologer Services themselves. While the Company ensures that only Network Astrologers are engaged, the responsibility for Astrologer Services rests with the engaged Network Astrologer.
- 2.5. Network Astrologers are empaneled and coordinated by the Company but are not employees or agents authorized to bind or represent the Company in any capacity beyond the provision of the booked rituals. The Company's role is limited to coordination, and facilitation and shall not be liable for act or omission of such Network Astrologer.
- 2.6. The Company does not guarantee any spiritual, religious, profession, medical, metaphysical or any outcomes from the Astrologer Services.
- 2.7. Astrologers available on the Platform are independent service providers and render predictions, advice, consultations, and related services strictly in their personal and independent capacity. The Company operates solely as an intermediary technology platform that facilitates interactions between Users and Network Astrologers and does not create, provide, supervise, or assume responsibility for any Astrologer Services
- 2.8. Each Astrologer remains solely and exclusively responsible for the content, accuracy, reliability, appropriateness, and legality of the predictions, advice, opinions, or remedies offered by them. The Company and the Platform do not warrant, represent, or guarantee the accuracy, effectiveness, outcomes, or impact of any Astrologer Services, and do not control, direct, endorse, or influence the professional judgment, opinions, or conduct of any Astrologer.
- 2.9. By accessing or using the Platform, Users expressly acknowledge and agree that any services are rendered by Astrologers independently, and that any claims, disputes, liabilities, or legal proceedings arising out of or relating to Astrologer Services shall lie solely against the concerned Astrologer and not against the Company, the Platform, or any of their affiliates or group companies.
- 2.10. The Company reserves the right to suspend or remove any Astrologer from the Platform for violations of applicable laws or the Platform's community standards; provided, however, that such right shall not be construed as exercising control over the Astrologer's advice, content, or professional conduct.
- 2.11. 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 Company's discretion
- 2.12. 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 the Users and shall be borne by them.
- 2.13. 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.
- 2.14. You are not permitted to copy, reproduce, alter, modify, create derivative works of, or publicly display any Content or Services displayed on the Platform.
- 2.15. Users acknowledge and understand that the responses generated are algorithmic in nature, based on probabilistic predictions.
3. PLATFORM CONTENT
- 3.1. The Platform which may be available through external hyperlinks of the Website and the App is exclusive property of the Company.
- 3.2. All interactions on this Platform must comply with these Terms.
- 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.
- 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.
- 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.
- 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, Network Astrologers 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.
- 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.
- 3.8. The Company does not provide a guarantee regarding any untoward incident that may happen with the User after seeking the Services, Astrologer 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.
- 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.
- 3.10. Astrological consultations/Services/Astrologer Services provided via Platform are intended solely for personal insight and reflection and do not constitute professional medical, legal, or financial advice. Users should seek professional services in these areas, and the Company bears no responsibility for any decisions made based on astrological advice/Services/Astrologer Services.
- 3.11. 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.
- 3.12. The Content, Astrologer Services and Services offered on the Platform are not meant to replace any philosophical, emotional, financial, legal or medical treatment or advice. The Platform holds no responsibility or liability about the reality or reliability of the Content, Astrologer Services and its astrological effects on human psychology or otherwise. The placing of a request for availing Content, Astrologer Services 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.
- 3.13. 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
- 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.
- 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.
- 4.3. We reserve the right to request proof of identity at any stage.
- 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
- 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.
- 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
- 6.1. The Company may charge Users for providing access to the Platform, Content, Astrologer Services 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.
- 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.
- 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.
- 6.4. The User agrees to pay all applicable fees and taxes for selected paid services, in accordance with the published rates and billing cycles .
- 6.5. Prices for paid services may vary by region due to foreign exchange rates, additional charges, or localized pricing adjustments.
- 6.6. The User’s designated payment method may be retained and charged for recurring fees, renewal periods, or other authorized purchases. Payment methods may be updated via account settings .
- 6.7. Payment obligations are non-cancelable and fees paid are non-refundable except as provided under our refund policy .
- 6.8. Subscription purchases will auto-renew, and the User authorizes us to charge the payment method at the start of each new subscription period for all applicable fees and taxes.
- 6.9. The User may cancel or suspend subscriptions prior to the renewal date to avoid additional charges. Instructions for cancellation are available in the account management interface or support center .
- 6.10. In case of payment failure or insufficient funds, access to paid services may be suspended or terminated until payment is successfully processed .
- 6.11. We reserve the right to update, modify, or adjust service prices prospectively, upon providing reasonable notice as required by applicable law.
- 6.12. Continued use of paid services after the effective date of modifications constitutes acceptance of the new pricing terms.
- 6.13. Taxes assessed on purchases are determined based on billing information provided by the User, in accordance with applicable tax regulations.
- 6.14. Accurate and updated billing information must be maintained to ensure uninterrupted service delivery.
- 6.15. Failure to pay required Fees may result in immediate suspension or termination of access to paid services.
- 6.16. We may suspend or terminate services for violation of this Terms and Privacy Policy, fraudulent activity, or as required by law.
- 6.17. Users authorize the service to retain and continue charging their payment method for subsequent billing cycles unless the subscription is canceled.
- 6.18. It is the User’s responsibility to ensure their payment information is accurate and up-to-date at all times.
7. CANCELLATION AND REFUND
- 7.1. No refund shall be processed once an order is placed on the Platform for access to Content, Services, Astrologer Services or/and the Platform.
- 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.
- 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”.
- 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.
- 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.
- 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. 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.
- 7.8. All services and products offered are not a substitute for professional medical, emotional, legal, financial or philosophical treatments/advice. 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 8.6. The User shall not send unsolicited email, junk mail, spam, or chain letters, or promotions or advertisements for products or services.
- 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. The User shall not engage in any activity that interferes with or disrupts access to the Platform.
- 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.
- 8.10. The User shall not violate any applicable laws or regulations for the time being in force within or outside India.
- 8.11. The User shall not impersonate other Users.
- 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.
- 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.
- 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 a complaint, the Company may investigate such a 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.
- 8.15. The Platform facilitates the provision of certain services through telecommunication media by service providers enrolled with the Company. By accepting these Terms, you provide your explicit consent to receive service-related communications from the Company, the Platform and/or the service provider (including an Astrologer, where applicable) via call, message, or other telecommunication modes on your registered mobile number and/or email address, including where such contact details are registered under DND/NCPR, solely for the purpose of availing the services on the Platform.
- 8.16. By using the Platform, including any sub-domains of the Platform, or related top-level domains including mobile sites, apps, APIs and widgets and/or registering yourself with us, you authorize us or our representatives to contact you via email or phone call or SMS including third party messaging apps to offer you our services including but not limited to impart product knowledge, offer/explain any promotional offers running on the Platform and offers offered by third parties, for which reasons, personally identifiable information may be collected. Irrespective of the fact that you have registered yourself under DND or DNC or NCPR service, you still authorize us or our representatives to contact you by any means aforementioned for the above-mentioned purposes or any other related purpose till the time you are registered with us or even after cessation of registration.
- 8.17. Users agree not to make any claim or raise any complaint whatsoever against the Company in this respect. Please note that persons intending to participate in the Promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against the Company, if they do or do not receive any call or SMS with respect to their application, participation and all other matters pertaining to the Promotion. By participating in the Promotion, each Participant hereby agrees to receive: i. details and information on this Promotion, on their respective mobile phones, through SMS or voice calls, during the entire tenure of the Promotion. ii. updates and announcements concerning our products and promotions, on their respective mobile phones (through SMS or voice calls) and email Ids.
- 8.18. The Company reserves the right to refuse or discontinue Services if the venue is deemed unsafe, or unsuitable for Network Astrologer.
- 8.19. Users shall treat Network Astrologer with respect, courtesy, and dignity at all times, in keeping with the sanctity of the Services/Astrologer Services being performed.
- 8.20. Abusive, disrespectful, or inappropriate behavior towards Network Astrologers assistants, or Company’s representatives will result in immediate suspension or cancellation of services, with no refund.
- 8.21. Network Astrologer shall not be compelled to perform services contradictory to applicable laws, Platform or Company policies.
- 8.22. While the Company endeavors to allocate Network Astrologer as per the User’s preferences (including language, region, or tradition), circumstances such as illness, emergencies, travel disruptions, or unavailability may necessitate reassignment.
- 8.23. The Company reserves the right to substitute a Network Astrologers of equivalent qualification and competence at its discretion.
- 8.24. If reassignment is not possible, the User may opt for either rescheduling the sessions or interactions requesting a refund of fees paid, which shall constitute the User’s sole and exclusive remedy.
- 8.25. Discrimination against Network Astrologer or service providers is strictly prohibited. This includes, but is not limited to, discrimination on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law. Refusing or declining services on any of these grounds shall be treated as a violation of these Terms.
- 8.26. Users are expected to treat Network Astrologers and service providers with courtesy, dignity, and respect at all times, and to provide them with a safe, clean, and appropriate environment for the performance of rituals or related services. Network Astrologers or service providers shall have the right to decline or discontinue their services if:
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- a. the User behaves in a manner that is discourteous, disrespectful, abusive, or otherwise inappropriate.
- b. Any misconduct, harassment, or unsafe behavior towards priests or service providers may result in suspension or termination of services, denial of future bookings, or other actions as deemed appropriate under law.
- 8.27. Users shall be liable for:
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- a. any discriminatory conduct or harassment;
- b. failure to provide a safe, clean, and appropriate environment; and
- c. withholding or failing to disclose relevant information that may affect the health, safety, or well-being of the Network Astrologers or service provider.
- 8.28. The User represents and warrants that all debit/credit card or bank account details provided for payment of fees on the Platform are true, correct, and accurate, and that the User is lawfully authorized to use such payment instruments. The User shall not use any payment instrument that is not lawfully owned by the User or for which the User does not have valid authorization from the lawful owner. The User further undertakes to ensure that sufficient funds or credit are available in the nominated account or card at the time of initiating any transaction to enable successful payment of all applicable fees.
- 8.29. The Platform strictly prohibits any content, services, or conduct that is sexual, sexually explicit, profane, exploitative, or intended to be sexually gratifying. This includes any content that promotes, solicits, depicts, or facilitates sexual acts, sexual services, or sexually predatory behaviour, whether consensual or non-consensual.
- 8.30. Users shall ensure that any reviews, ratings, or feedback submitted on the Platform are truthful, genuine, and based on their actual experience. Users remain solely responsible for the content of their feedback. The Company reserves the right to review, moderate, restrict, or remove any feedback that is false, misleading, abusive, or submitted in bad faith, and to take appropriate action in accordance with its policies. Any User found to have submitted false complaints or fabricated feedback may have their access or membership suspended or terminated, without refund of any applicable subscription fees.
- 8.31. Without limitation, Users shall not create, upload, publish, transmit, promote, or otherwise make available any of the following:
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- a. pornographic, obscene, sexually explicit, or sexually suggestive content, including nudity, partial nudity, blurred nudity, or poses, attire, or conduct that would be inappropriate in a public context;
- b. depictions, animations, illustrations, or descriptions of sexual acts, sexualised body parts, or sexually suggestive behaviour;
- c. content relating to sexual aids, sex guides, illegal sexual themes, or fetishes;
- d. lewd, indecent, or profane content, including content containing profanity, slurs, explicit language, or adult/sexual keywords (including in app listings, metadata, or descriptions);
- e. content depicting, describing, or encouraging bestiality;
- f. content promoting or soliciting escort services, sexual entertainment, or any sexual act in exchange for money, gifts, financial support, or other consideration, including compensated dating or similar arrangements;
- g. content that degrades, objectifies, or exploits individuals, including content purporting to undress persons or view individuals through clothing, whether presented as a prank or for entertainment;
- h. content or conduct that is sexually abusive, threatening, coercive, or exploitative, including creepshots, hidden-camera content, non-consensual sexual material, deepfake or AI-generated sexual content, or any form of sexual harassment or assault.
- 8.32. Users shall not create, upload, share, promote, or otherwise make available any content or engage in any conduct that violates applicable law, endangers safety, or undermines the integrity of the Platform.
- 8.33. Users shall not engage in any content or conduct that incites violence, hatred, hostility, or discrimination against any individual or group on the basis of race, ethnicity, religion, caste, nationality, disability, age, gender, gender identity, sexual orientation, immigration status, veteran status, or any other protected characteristic. This includes content that demeans, dehumanizes, stereotypes, threatens, or promotes hate symbols or ideologies.
- 8.34. Users shall not post or promote violent, graphic, or dangerous content, including threats or depictions of violence against persons or animals, or content encouraging self-harm, suicide, eating disorders, or other activities that may result in serious injury or death.
- 8.35. Users shall not publish, support, glorify, recruit for, or otherwise engage in content or activities associated with terrorism, terrorist organizations, or violent extremist groups, including any material that incites or celebrates violence against civilians.
- 8.36. Users shall not exploit, trivialize, deny, or show insensitivity toward significant tragic or sensitive events, including deaths, disasters, public emergencies, or conflicts, or seek to derive unjustified commercial or reputational benefit from such events.
- 8.37. Users shall not engage in harassment, intimidation, bullying, humiliation, extortion, blackmail, or abusive conduct toward any individual or group, including victims of tragedies or conflicts and their families.
- 8.38. Users shall not promote, facilitate, or provide instructions for the manufacture, sale, or use of prohibited or regulated goods, including weapons, firearms, ammunition, explosives, restricted weapon accessories, psychotropic or restricted drugs, tobacco or vaping products, or marijuana and related substances, regardless of local legality.
9. Prevention of Fraud
- 9.1. We are committed to promoting fair practices on our Platform.
- 9.2. Our compliance team will track usage of the Platform of all Users and strict action will be taken against any User(s) caught employing unfair practices. By agreeing to these Terms, you agree not to indulge in any unfair practice that may provide undue advantage to you or any other User.
- 9.3. In the event any User is found undertaking such activity on the Platform, We shall be entitled, in our sole and absolute discretion, to suspend or terminate such User's account. We reserve the right to permanently block the account of the User involved in such activity. Any amounts in such User's wallet on the Platform shall stand forfeited.
- 9.4. We reserve the right to take any necessary action, as it deems fit, against Users found indulging in unfair means. The action could include, inter alia, temporary account suspension, redemption blocking and/or permanent account deactivation. Any User involved in violation of these Terms is liable for prosecution.
10. Testimonials and Feedback
- 10.1. We may capture and obtain visual and/or audio recordings or performances, still images of the User, and text provided by the User for the testimonial being provided towards the Platform (the results of which are the Recordings). The Recordings provided by the User are voluntary and We are the sole and exclusive owner of all rights in and to the Recordings, and all elements thereof (including, without limitation, the copyright thereto). Without prejudice to the above, the User grants to Us a perpetual royalty-free license, to publicly use, distribute, reproduce, create derivative works from, and perform/display the user's name, voice, likeness, appearance, biographical information, and other indicia of its identity as included in the Recordings and any excerpts or version thereof for their marketing, in any language, and without any geographical limitation. We may incorporate the recordings and any separate content (e.g., quotes, photos, videos, artwork, materials, etc.) to market their Platform and Services. The User also hereby waives any right to inspect or approve the finished matter based on the Recording that may be used now or in the future, whether that use is known to the user or unknown.
- 10.2. We are not obligated to use the Recordings, at Our discretion. if it so wishes. The User will not attempt to enjoin or otherwise impair Our use of the Recordings that is in accordance with this Release.
- 10.3. Users may be invited or may choose to provide ideas, suggestions, input, recommendations, information, comments, and/or feedback (collectively, “User Feedback”) in connection with the Service, including during any testing or beta phase. By submitting User Feedback, whether solicited or voluntary, you grant the Service a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up license to use, reproduce, adapt, modify, translate, create derivative works from, distribute, display, perform, transmit, sell, offer for sale, import, or otherwise exploit such User Feedback, in whole or in part, for any purpose and in any media now known or hereafter developed, without compensation or attribution. To the maximum extent permitted by law, you waive any claim that such use infringes your rights, including moral rights, privacy, publicity, proprietary, or attribution rights.
11. INTELLECTUAL PROPERTY
- 11.1. 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.
- 11.2. 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.
- 11.3. 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.
- 11.4. 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.
- 11.5. 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.
- 11.6. 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.
- 11.7. This license shall apply to the distribution and the storage of User Content in any form, medium, or technology.
- 11.8. The license shall not lapse due to non-use by Company whether under any provision of the Copyright Act, 1957 or any other law.
- 11.9. 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.
12. RESTRICTED CONTENT
- 12.1. 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.
- 12.2. 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.
- 12.3. The Company prohibits Users from posting 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.
- 12.4. 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.
- 12.5. 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.
- 12.6. 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.
13. ADVERTISING
- 13.1. We reserve the right to use and disclose the collected, non-personal data for purposes of advertising by us or our partners and contractors. We may employ third parties for ad serving technologies who may use certain methods to collect information as a result of ad serving through services.
- 13.2. We and these entities may use various identifiers to collect information about your use of the App, including but not limited to your IP address, MAC address, device identifiers, software and hardware information, time zone and usage information. This information may be used by us and others to, among other things, determine the popularity of certain content, deliver contextual advertising, and content and better understand your activity on the Apps.
- 13.3. Third-party ad serving technologies are integrated into the App, so if you do not want to be subject to these technologies, please do not use or access the Apps.
- 13.4. Users acknowledge and agree that the other brand ambassadors are merely endorsing the Platform, and will not be liable for any claims, damages, or disputes arising from use of the Platform and Services.
14. THIRD PARTY SITES, SERVICES AND CONTENT
- 14.1. 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.
- 14.2. 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.
- 14.3. 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.
15. PRIVACY POLICY
- 15.1. 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 https://www.neoastro.com/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.
16. SECURITY
- 16.1. 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.
- 16.2. 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.
- 16.3. 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.
- 16.4. 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, Astrologer 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.
- 16.5. 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
- 16.6. 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.
- 16.7. 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.
- 16.8. 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.
- 16.9. 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.
- 16.10. The Company and/or the Platform reserves the right, at its sole discretion, to suspend or withdraw its services, terminate or restrict a User's access to the Platform, and/or initiate appropriate legal action against any User who engages in unreasonable, abusive, harassing, or disruptive conduct,self-harm, suicide including but not limited to harassment, hate speech, unlawful activities, or any violation of the Platform's community standards or applicable law
- 16.11. In the event any Network Astrologer engages in discourteous, abusive, inappropriate, or unlawful conduct, the User shall promptly report such conduct to support@neoastro.com. Upon receipt of such a report, the Company shall take commercially reasonable steps to review and address the matter in accordance with its internal policies and applicable law.
17. DISCONNECTION AND TECHNICAL ISSUES
- 17.1. 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.
- 17.2. We do not hold any liability to any disconnection, lag, freeze or interference in the network on the User's devices.
18. DISCLAIMER OF WARRANTIES
- 18.1. The Company disclaims any and all warranties, expressed or implied, in connection with the Content, Astrologer Services or Services offered on the Platform, all of which are provided to the User as is.
- 18.2. You agree that use of the Content, Astrologer Services and Services and the access to the Platform is at Your own risk. The Services/Astrologer Services including the Platform, the Content, the Services, Astrologer 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/Astrologer Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.
- 18.3. 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, Astrologer 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.
- 18.4. 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.
- 18.5. 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.
- 18.6. 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, Services/Astrologer Services 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.
- 18.7. 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.
- 18.8. 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, Services or Astrologer Services (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, Services or Astrologer Services (v) the accuracy, completeness or currency of any information (including the Content) or Services provided or any statistics shown on the Platform, Services or Astrologer Services
- 18.9. You acknowledge that the Content and Services/Astrologer 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/Astrologer Services provided on the Platform.
- 18.10. The Company charges for the Services on the Platform as specified on the NeoAstro application, from time to time.
- 18.11. The Company holds no responsibility or liability about the reality or reliability of astrological effects on the human physiology or otherwise. No Content obtained by you through the Services/Astrologer Services shall create any warranty or liability for the Company.
- 18.12. The Platform, Astrologer Services, Services and the Company do not warrant or guarantee the accuracy, authenticity, or conformity of any service to a particular tradition, community practice, or personal belief system.
- 18.13. The success, efficacy, or fulfillment of spiritual or religious purposes (such as prosperity, health, peace of mind, or blessings) is subjective and depends on individual faith and belief, which are outside the Company’s control.
- 18.14. Network Astrologers engaged through the Platform provide Astrologer Services in accordance with their own training, traditions, or methods. The Company does not guarantee uniformity of procedures across astrologers, priests, regions, or communities.
- 18.15. Dissatisfaction arising from differences in methods, or interpretations shall not constitute grounds for claims, refunds, or liability against the Company.
- 18.16. The Platform disclaims liability for any delays, rescheduling, cancellations, or incomplete services caused by:
-
- a. acts or omissions of third-party vendors, delivery partners, or logistics providers;
- b. technical failures in livestreaming or digital recording;
- c. natural events (including but not limited to rain, fire, flood, earthquake, pandemic, or other force majeure events); or
- d. government restrictions, strikes, or unforeseen disruptions.
- 18.17. The Company does not provide legal, religious, or authoritative certification of rituals, and the User is advised to consult their own family elders, religious advisors, or community leaders before booking if authenticity is a concern.
- 18.18. Services such as astrology, Astrologer Services, consultations, or guidance provided through the Platform are intended for religious, cultural, or entertainment purposes only. They do not constitute medical, legal, financial, or professional advice. Users should not rely on such services as a substitute for expert or professional advice in any field.
- 18.19. No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.
- 18.20. You agree and acknowledge that we are merely a Platform that connects you with Network Astrologer, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms. We are not liable or responsible for fulfillment of any bookings, for the performance of the Astrologer Services by any Network Astrologer, or for any acts or omissions of the Network Astrologer during their provision of the Astrologer Services including any damage they may cause to property. By booking Priest Services through the Platform, you are entering into a contract with the relevant Network Astrologer for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect of the Network Astrologer's performance under that contract.
- 18.21. You agree and acknowledge that soliciting or receiving services from any Network Astrologer independently is solely at your own risk, and in such an event, you waive any rights that you may have under these Terms.
- 18.22. We do not guarantee or warrant and we make no representation whatsoever regarding the reliability, quality, or suitability of the Network Astrologer.
- 18.23. You hereby accept full responsibility for any consequences that may arise from your use of the Services, Astrologer Services and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
- 18.24. Any information, insights, guidance, predictions, responses, suggestions, recommendations, or other outputs generated, displayed, transmitted, or otherwise made available through any automated, algorithmic, artificial intelligence-enabled, chat-based, or system-driven tools, features, or functionalities of the Platform (collectively, “System Generated Information”) are provided solely for general informational and entertainment purposes. Such System-Generated Information does not constitute, and shall not be construed as, professional, expert, medical, legal, financial, psychological, therapeutic, or other specialized advice, nor does it create any fiduciary, advisory, or professional relationship between the Company and any user. The Company makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, suitability, legality, or applicability of the System-Generated Information to any particular user, purpose, or circumstance. Users are solely responsible for evaluating the relevance and appropriateness of such information and are strongly encouraged to seek independent advice from qualified professionals prior to making any decisions or taking or refraining from any action based on the System-Generated Information. Any reliance placed on such information is entirely at the user's own risk. To the maximum extent permitted under applicable law, the Platform, services, System-Generated Information, and all related content and materials are provided on an “as is” and “as available” basis, and the Company expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, uninterrupted access, or error-free operation. Without prejudice to the foregoing, the Company shall not be liable for any loss, damage, injury, cost, expense, or liability of any nature whatsoever, whether direct, indirect, incidental, consequential, special, exemplary, or punitive, arising out of or in connection with the use of, reliance upon, or inability to use the Platform, services, or System-Generated Information, including any actions taken or not taken based thereon. The Company reserves the right, at its sole discretion and without obligation or notice, to modify, update, suspend, restrict, or discontinue any System-Generated Information, tool, feature, or functionality at any time, and no information, whether oral, written, or system-generated, shall create any warranty or obligation not expressly set forth in these Terms.
19. Enforceability
- 19.1. By registering, you are considered to have accepted and understood all the Terms herein. We recommend that you keep a copy of all transactions, cancellation, and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms by you does not amount to surrendering or waiving our rights to act with respect to any prior, concurrent, subsequent, or similar breaches.
- 19.2. If any judicial or quasi-judicial body declares any of the provisions of these 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 most closely reflects the intent and effect of the original invalid term. In such an 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 Our intent and objective in the void, illegal or unenforceable provisions.
20. INDEMNIFICATION AND LIMITATION OF LIABILITY
- 20.1. 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.
- 20.2. 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.
- 20.3. This indemnification obligation will survive the expiry or termination of the Terms and Your use of the Platform.
- 20.4. There could be instances where the 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.
- 20.5. Save as required under applicable law, the Service does not owe any special relationship, fiduciary duty, or obligation to users. You acknowledge and agree that the Service has no control over, and bears no responsibility for: (i) which users may access the Service; (ii) the nature, accuracy, legality, or effects of any content made available through the Service; (iii) how such content may be interpreted, relied upon, or used by you; or (iv) any actions taken by you or others as a result of accessing such content.
- 20.6. You expressly release and discharge the Service, its affiliates, and their respective officers, directors, employees, and agents from any and all present or future claims, liabilities, demands, losses, damages, or causes of action, whether known or unknown, arising from or related to (a) your use of, or inability to use, the Service or any content therein; (b) your acquisition or non-acquisition of any content through the Service; or (c) your communications, connections, or interactions with other users.
- 20.7. The Service may host or provide access to third-party content or direct you to external websites, which may include material that is inaccurate, unlawful, offensive, indecent, or otherwise objectionable. The Service makes no representations, warranties, or guarantees regarding the accuracy, copyright compliance, legality, reliability, or decency of any such content, and disclaims all liability for any claims, losses, or damages arising therefrom.
- 20.8. The Service does not screen or verify the identity, background, conduct, or statements of users and makes no representation or warranty regarding the same. You agree that any interaction with other users, whether online or offline, is solely at your own risk, and you must exercise reasonable precautions and personal judgment, particularly in any in-person meetings. The Service shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, bodily injury, emotional distress, loss of data, or financial loss, arising in connection with user conduct, communications, or interactions.
- 20.9. You are strongly advised not to disclose or share financial or sensitive personal information (such as credit card or bank account details) with other users under any circumstances.
- 20.10. To the maximum extent permitted by applicable law, in no event shall We, our affiliates, group companies, licensors, service providers, or their respective directors, officers, employees, or agents (collectively, “NeoAstro Entities”) be liable, whether in contract, tort, negligence, strict liability, or under any other legal or equitable theory (whether or not any NeoAstro Entity had prior knowledge of the circumstances giving rise to such claim), in connection with or arising out of including without limitation the website, platform, services, content, or user submissions, for any indirect, incidental, special, consequential, or punitive losses or damages, (including without limitation loss of actual or anticipated profits, loss of revenue, loss of goodwill, loss of data, loss of anticipated savings, wasted expenditure, or the cost of procurement of substitute goods or services) and the total aggregate liability of the NeoAstro Entities for any and all claims, whether arising in in contract, tort, negligence, strict liability, or under any other legal or equitable theory (whether or not any NeoAstro Entity had prior knowledge of the circumstances giving rise to such claim), shall not exceed INR 25,000/- (Indian Rupees Twenty-Five Thousand Only).
21. TERMINATION
- 21.1. 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.
- 21.2. 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.
- 21.3. 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.
22. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
- 22.1. In case you have any grievances with respect to the Platform or the Services, you can send an email to the Grievance Officer Mr. Sumit Yadav (hereinafter referred to as the Grievance Officer) at Grievance@neoastro.com. We reserve the right to replace the Grievance Officer any time without any notice or intimation to you. You can directly escalate any disputes to our management team by contacting the Grievance.
- 22.2. Subject to the clauses below, the courts of competent jurisdiction at New Delhi, India shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Platform provided by Us (including the games, construction, validity, interpretation and enforceability of these 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.
- 22.3. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (Notification) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
- 22.4. The seat and venue of arbitration shall be New Delhi, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The parties shall mutually appoint a sole arbitrator.
- 22.5. The arbitration award will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.
- 22.6. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts of New Delhi, IndiaGurgaon. The arbitrator shall give a reasoned award.
- 22.7. Nothing contained in these Terms shall prevent Us 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 Haryana to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Us to pursue any remedy for monetary damages through the arbitration described herein.
- 22.8. Caution: Any attempt to deliberately damage the Company's Platform or the information on the Platform, to cause malicious damage or interference with the normal functioning of the Platform, or to otherwise undermine the legitimate operation of any Contest may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Company reserves the right to seek damages to the fullest extent permitted by law. If the Company suffers loss or incurs any costs in connection with any breach of these Terms or any other legal obligation by a User, the User agrees to indemnify the Company for those losses, damages, and costs.
- 22.9. Our Nodal Officer can be reached at nodal@neoastro.com.
23. SEVERABILITY
- 23.1. 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 an 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.
24. MISCELLANEOUS
- 24.1. 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.
- 24.2. 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.
- 24.3. Any waiver of any provision of the Terms shall be effective only if in writing and signed by the Company.
- 24.4. 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.
25. NOTICES
- 25.1. 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.