TERMS AND CONDITIONS OF USAGE

These terms and conditions of Use (hereinafter referred as “Terms of Usage”) describe and govern the User’s use of the content and services offered by CYNEP SOLUTIONS (OPC) PVT. LTD. SERVICES through www.C-astro.com (hereinafter referred as “We” “C-Astro” “us” “our” “C-Astro application” “Website”).

UPDATION

The C-Astro may update/amend/modify these Terms of Usage from time to time. The User is responsible to check the Terms of Usage periodically to remain in compliance with these terms.

USER CONSENT

By accessing the C-Astro and using it, you (“Member”, “You”, “Your”) indicate that you understand the terms and unconditionally & expressly consent to the Terms of Usage of this C-Astro. If you do not agree with the Terms of Usage, please do not click on the “I AGREE” button. The User is advised to read the Terms of Usage carefully before using or registering on the C-Astro or accessing any material, information or services through the C-Astro. Your use and continued usage of the C-Astro (irrespective of the amendments made from time to time) shall signify your acceptance of the terms of usage and your agreement to be legally bound by the same.

GENERAL DESCRIPTION

The C-Astro is an internet-based portal having its existence on World Wide Web, Application and other electronic medium and provides astrological content, Finance advisors, Legal Advisors, Career Counsellor, reports, data, telephone, Chat, video and email consultations (hereinafter referred as “Content”). The C-Astro is offering “Free Services” and “Paid Services” (Collectively referred as “Services”). Free Services are easily accessible without becoming a member however for accessing the personalised services as mentioned above/or receive additional Content and get access to Paid Services, You are required to register as a member on the portal. By registering for Paid Services, a Member agrees to:

• To provide current, complete, and accurate information about himself as prompted to do so by the C-Astro.
• To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete.

REGISTRATION AND ELIGIBILITY

• The User of the C-Astro must be a person who can form legally binding contracts under Indian Contract Act, 1872. A minor under the age of eighteen (18) in most jurisdiction, are not permitted to avail the services provided on the C-Astro without a legal guardian in accordance with the applicable laws. The C-Astro would not be held responsible for any misuse that may occur by virtue of any person including a minor using the services provided through the C-Astro.
• For the User to avail the services, the User will be directed to Register as a Member on the C-Astro whereby You (User) agree to provide update, current and accurate information while filling up the sign-in form. All information that you fill and provide to the C-Astro and all updates thereto are referred to in these Terms of Usage as "Registration Data."
• An account could be created by you through the C-Astro ID (Your Phone Number and email id) and password (OTP). The User while creating an account hereby represents and warrants that all the information provided by the User is current, accurate and complete and that the User will maintain the accuracy and keep the information updated from time to time. Use of another User’s account information for availing the services is expressly prohibited. If in case it is found that the information so supplied on the C-Astro is inaccurate, incomplete, untrue and not current, the C-Astro has the right to suspend or terminate the User’s account and restrict/refuse the use of the C-Astro by such User in future.
• The right to use this C-Astro is personal to the User and is not transferable to any other person or entity. The User would be responsible for protecting the confidentiality of User’s passwords and other information required for the purposes of registration. The User would be fully responsible for all the activities that occur under the User’s account with the C-Astro. The C-Astro cannot and will not be liable for any loss or damage arising from the User’s failure to maintain secrecy and confidentiality. The User shall notify the C-Astro immediately if they become aware of any unauthorized use of their Account(s) or breach of any security. The User must log out from its account at the end of the session.
• The User while availing any service shall be informed whether the service so rendered is personal to the C-Astro or is available from a Third party. The C-Astro shall have no control or monitoring on the information disseminated to any third party via the C-Astro.
• The User agrees, understands and confirms that his/ her personal data including without limitation to details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the C-Astro or the Payment Service Provider(s) have no control over such matters.
• The C-Astro does not permit the use of the Services by any User under the following conditions: -
  • If the User is a resident of any jurisdiction that may prohibit the use of the Services rendered by the C-Astro.
  • If the User is a resident of any State/Country that prohibits by way of law, regulation, treaty or administrative act for entering into trade relations or/and
  • Due to any religious practices.
  • If the User has created multiple accounts using various mobile numbers. The User may not have more than one active account with the C-Astro.

FEATURE 

1. “Call and Chat with Astrologer”
2. “Call And Chat with Finance Advisor”
3. “Call And Chat with Legal Advisor”
4. “Call And Chat with Career Counsellor”

The C-Astro is providing certain service which is available through the medium of electronic medium with our listed professional/ advisors/ Astrologer and enrolled with the C-Astro. By agreeing to the present Terms of Usage, you are also giving your unconditional consent to the C-Astro to arrange a call/chat with you on your mobile number even though your number is on DND service provided by your mobile service provider.

C-ASTRO CONTENT

• The C-Astro and any individual C-Astro which may be available through external hyperlinks with the C-Astro are private property.
• All interaction on this C-Astro inclusive of the guidance and advice received directly from the Licensed Provider must comply with these Terms of Usage.
• The User shall not post or transmit through this C-Astro 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.
• The C-Astro 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 C-Astro.
• The C-Astro reserves the right to terminate the access or to change or discontinue any aspect or feature of the C-Astro including, but not limited to, content, graphics, deals, offers, settings, etc.
• Any information other the guidance and advice, received directly from the Third-Party Service Provider, any information on the Site, the content, should not be considered as medical advice.
• The C-Astro does not take guarantee regarding the medical advice, if provided, by the third-party service provider inclusive of our professional /advisors/ Astrologers with the site. 
• The C-Astro does not take guarantee of any untoward incident that may happen with the User after seeking the Service. The C-Astro or the Service Provider providing the advice is not liable and does not guarantee any results as expected by the User and accessing the C-Astro in such scenario is purely at the risk of the User.
• By using the Site, Application or Services, User hereby agrees that any legal remedy or liability that you seek to obtain for actions or omissions of other Members inclusive of the service provider registered with the C-Astro or other third parties linked with the C-Astro, shall be limited to claim against such particular party who may have caused any harm. You agree not to attempt to impose liability on or seek any legal remedy from the C-Astro with respect to such actions or omissions.

PRIVACY POLICY

The User hereby consents, expresses and agrees that the User has read and fully understand the Privacy Policy of the C-Astro. The User further consents that the terms and contents of such Privacy policy is acceptable to the User inclusive of any update/alteration/change made and duly displayed on the C-Astro website/Application.

BREACH AND TERMINATION

• The C-Astro may, in whole or in part, without informing the User, modify, discontinue, change or alter the services ordered or the Account of the User registered with the C-Astro. The C-Astro may or may not issue notice or provide any reason for such action taken by the C-Astro.
• Violation of any conditions mentioned in this Terms of Usage shall lead to immediate cancellation of the Registration of the User, if registered with the C-Astro. The C-Astro reserves right to terminate and initiate action immediately, if:
  • The C-Astro is not able to verify and authenticate the Registration data or any other relevant information provided by the User.
  • The C-Astro believes that the actions of the User may cause legal liability for the C-Astro, other Users or any service provider linked with the C-Astro.
  • The C-Astro believes that the User has provided the C-Astro with false and misleading Registration Data or there is interference with the other Users or the administration of the services, or have violated the privacy policy as listed by the C-Astro.
• For the Service Provider, You understand and agree that your relationship with the C-Astro is limited to being a member and You act exclusively on your own behalf and for your own benefit. The C-Astro may terminate and de-activate the Profile of such service provider for any violation of the present terms of usage and the Service Terms and Conditions agreed upon between the parties while registration of the data by such Service Provider.

DELIVERY, CANCELLATION AND REFUND

• No refund shall be processed on the order of any reports under any circumstances if the order has reached the “processing” (Assigned to our registered professionals/Advisors/Astrologers) stage. The risk and liability of placing order in a haste and careless manner totally lies with the User and the C-Astro is not responsible for any refund once the processing stage has started.
• Any technical delay or glitch reported in the C-Astro during the processing of the request which includes generating reports by the service provider i.e. our registered professionals/Advisors/Astrologers shall not be eligible for claiming payment. The User agrees that the timelines are approximate and all essentials steps would be taken to adhere to the timelines as displayed.
• No refund shall be processed for providing a wrong contact number/email id for the purpose of availing the “Call and chat with our registered professionals/Advisors/Astrologers” feature. The User once opted for this feature is advised to keep the Contact Number in full coverage area and must answer the call when received. No refund shall be processed for any call which gets connected.
• The refunds, if any, shall be processed after deduction of the transaction charges levied by the Bank and/or the Payment Gateway or any other charges that may have been incurred by the C-Astro during processing and/or delivering the service, as applicable.
• In case the C-Astro or Payment gateway’s webpage, that is linked to the C-Astro, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
  • In case the Bank Account appears to be debited, ensure that you do not make the payment twice and immediately thereafter contact the C-Astro via customer care to confirm payment.
  • In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
• However, refund for multiple payment, if any, even after the above precaution against the same order shall be refunded in full without deduction of the transaction charges as mentioned above. The C-Astro shall only retain the cost of one single order as intended to be placed by the User.

USER OBLIGATION

The User (inclusive of our registered professionals/Advisors/Astrologers and the Member Customer) under an obligation not to violate the privacy policy, terms and conditions and any other terms as defined on the C-Astro website/Application. The User represents that he is an individual and not a corporation or other legal business entity. The rights to use the C-Astro’s services is personal to the User. The User shall while using the C-Astro website/Application and engaged in any form of communication on any of the forums inclusive of the products listed on the C-Astro shall not violate the terms and conditions which are inclusive of: -

• 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.
• 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.
• The User shall not upload or post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. 
• The User shall not collect screen names and email addresses of members who are registered on the C-Astro for purposes of advertisement, solicitation or spam.
• 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 C-Astro website/Application or another’s computer.
• The User shall not engage in any activity that interferes with or disrupts access to the C-Astro website/Application
• The User shall not attempt to gain unauthorized access to any portion or feature of the C-Astro website/Application, any other systems or networks connected to the C-Astro, to any of the services offered on or through the C-Astro website/Application, by hacking, password mining or any other illegitimate means.
• The User shall not violate any applicable laws or regulations for the time being in force within or outside India. The use and continuous use of the C-Astro website/Application is subject to but not limited to using the services for personal use.
• The User shall not violate these Terms of Usage including but not limited to any applicable Additional terms of the C-Astro website/Application contained herein or elsewhere.
• The User shall not Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the C-Astro website/Application.
• The User by becoming a Registered member of the C-Astro agrees to the following situations, which list is not exhaustive and may include services incidental to the below mentioned: -
  • The User agrees to receive certain specific emails and SMS along with calls from the C-Astro website/Application.
  • The User agrees not to transmit via the C-Astro any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
  • The User not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
  • The User shall not interfere with any other members' use or enjoyment of the C-Astro or Services.
  • The User is under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or anything which is in violation of this Agreement, you shall forthwith report such violation to C-Astro by writing to Customer Care. On receipt of such complaint, C-Astro may investigate such complaint and if necessary, may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of the subscription fee.
  • Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee.
  • The C-Astro reserves the right to withdraw its services to any customer who is found to be unreasonable or abusive during their conversation with the Service Provider inclusive of our registered professionals/Advisors/Astrologers regardless of any reason.

While the C-Astro shall take all steps to resolve any situation that is in violation of the above obligations arises, however if the situation is not controllable, the C-Astro reserves its right to send a written warning henceforth. Such violations, if repeated by the User, shall lead to a total ban for transacting on the platform by such User. If any balance is present in the wallet of the User, the same shall be refunded subject to the other charges that may be applicable for such violations.

BANK ACCOUNT INFORMATION

The User is under an obligation to provide his banking information as and when required. For that purpose, the obligation of the User are: -

• The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
• The User may pay the fees required, to the C-Astro by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
  • The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
  • The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;

The User further agrees that if any part of these Terms of Usage are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Usage shall continue in effect.

DISCLAIMER / LIMITATION OF LIABILITY / WARRANTY

The User expressly understands and agree that, to the maximum extent permitted by applicable law, the C-Astro does not provide warranties for the service. Advice, counselling provided through the C-Astro website/Application is based on cumulative or individual knowledge, experience and interpretations of our registered professionals/Advisors/Astrologers and as such, it may vary from one professionals/Advisors/Astrologers to another.

• The C-Astro, services are provided by the C-Astro on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, the C-Astro makes no warranty that (i) the C-Astro or the services will meet your requirements or your use of the C-Astro or the services will be uninterrupted, timely, secure or error-free; (ii) any errors or defects in the C-Astro, services or other materials will be corrected. no advice or information, whether oral or written, obtained by the User from the C-Astro or through or from use of the services shall create any warranty not expressly stated in the terms of use.
• To the maximum extent permitted by applicable law, the C-Astro will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The C-Astro also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
• The C-Astro will not be liable for any loss that the User may incur as a consequence of unauthorized use of their account or account information in connection with the C-Astro or any services either with or without the User’s knowledge. The C-Astro has endeavoured to ensure that all the information on the C-Astro website/Application is correct, but the C-Astro neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. The C-Astro shall not be responsible for the delay or inability to use the C-Astro or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the C-Astro website/Application, or otherwise arising out of the use of the C-Astro website/Application, whether based on contract, tort, negligence, strict liability or otherwise. further, the C-Astro shall not be held responsible for non-availability of the C-Astro during periodic maintenance operations or any unplanned suspension of access to the C-Astro that may occur due to technical reasons or for any reason beyond the C-Astro's control.
• The User understands and agrees that any material or data downloaded or otherwise obtained through the C-Astro is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The C-Astro is not responsible for any typographical error leading to an invalid coupon. The C-Astro accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
• No advice or information, whether oral or written, obtained by you from the C-Astro shall create any warranty.
• The advisors/consultants/astrologers are also members of the site and not employees of the C-Astro or the company. However, the C-Astro verifies the degrees, qualifications, credentials, and background of the advisors/consultants/astrologers but does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information or other services provided by the advisors/consultants/astrologers or by the company, nor does it warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content, anything said or written by, or any advice provided by the  advisors/consultants/ astrologers.
• The C-Astro shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the C-Astro and/or the payment service providers, its employees, directors, and its third party agents involved in processing, delivering or managing the services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the services.

Notwithstanding anything to the contrary contained herein, C-Astro liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the C-Astro, for the service during the term of membership.

PROPRIETARY RIGHTS TO CONTENT

The User acknowledges that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or distributed via email, commercially produced information presented to Member by the C-Astro, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. The User is not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by the C-Astro, its suppliers, or advertisers. Moreover, the content such as images, text, designs, etc on all of the portals of the C-Astro are taken from various online portals such as Google Images. C-Astro or Cynep Solutions (OPC) Pvt. Ltd. is not liable for any copyrights of that content or data.

NOTICES

Except as otherwise stated in these Terms of Service, all notices to a party shall be in writing and shall be made either via email or Notice shall be deemed given 24 hours after an email is sent, Member at the address provided by Member in the Registration Data and to the C-Astro at the address set forth below:

“Word NO- 3, Abhilapur Colony, Kalka, Panchkula (HR)- 133302, India”

GOVERNING LAW AND JURISDICTION

• Any dispute, claim or controversy arising out of or relating to this Terms of Usage including the determination of the scope or applicability of this Terms of Usage to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by Members and C-Astro. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be   Kalka -HR. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
• Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Kalka in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of India and venue in Kalka for any such proceeding. If either party files an action contrary to this provision, the other party may recover attorneys' fees and costs up to One Lakh Rupees INR.
• These Terms of Usage shall be governed by and construed in accordance with the laws of India without giving effect to any choice of law and principles that would require the application of the laws of a different state. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Usage or Privacy Policy to be unenforceable or invalid, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law, and the remainder of the Terms of Usage or Privacy Policy, as applicable, will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any waiver of any provision of the Terms of Usage shall be effective only if in writing and signed by C-Astro. These Terms of Usage 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.
• These Terms of Usage and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. The parties agree to submit any dispute arising under these Terms of Usage to the jurisdiction of a court located in Kalka- HR for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

 

I HEREBY CONFIRM AND DECLARE THAT I HAVE READ THE TERMS OF PRIVACY POLICY AND ACCEPT THEM UNEQUIVOCALLY.

CANCELLATION AND REFUND

• No refund shall be processed on the order of any reports under any circumstances if the order has reached the “processing” (Assigned to our registered professionals/Advisors/Astrologers) stage. The risk and liability of placing order in a haste and careless manner totally lies with the User and the C-Astro is not responsible for any refund once the processing stage has started.
• Any technical delay or glitch reported in the C-Astro during the processing of the request which includes generating reports by the service provider i.e. our registered professionals/Advisors/Astrologers shall not be eligible for claiming payment. The User agrees that the timelines are approximate and all essentials steps would be taken to adhere to the timelines as displayed.
• No refund shall be processed for providing a wrong contact number/email id for the purpose of availing the “Call and chat with our registered professionals/Advisors/Astrologers” feature. The User once opted for this feature is advised to keep the Contact Number in full coverage area and must answer the call when received. No refund shall be processed for any call which gets connected.
• The refunds, if any, shall be processed after deduction of the transaction charges levied by the Bank and/or the Payment Gateway or any other charges that may have been incurred by the C-Astro during processing and/or delivering the service, as applicable. Amount will be refunded to Customer account within 7 days. 
• In case the C-Astro or Payment gateway’s webpage, that is linked to the C-Astro, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
  • In case the Bank Account appears to be debited, ensure that you do not make the payment twice and immediately thereafter contact the C-Astro via customer care (info.cynepsolutions@gmail.com) to confirm payment.
  • In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
• However, refund for multiple payment, if any, even after the above precaution against the same order shall be refunded in full without deduction of the transaction charges as mentioned above. Amount will be refunded within 7 days after confirmation from Bank. The C-Astro shall only retain the cost of one single order as intended to be placed by the User.