Refund and Cancellation Policy
Refund and Cancellation Policy
Our focus is complete customer satisfaction. In
the event, if you are displeased with the services provided, we will refund
back the money, provided the reasons are genuine and proved after
investigation. Please read the fine prints of each deal before buying it, it
provides all the details about the services or the product you purchase.
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 an Astrologer) stage. The risk and liability
of placing order in a haste and careless manner totally lies with the User
and the Website is not responsible for any refund once the processing
stage has started.
- No refund shall be processed
once the Order has been placed and executed. However, if the User intends
to cancel a successfully placed order before execution, the User is
required to contact the customer care team within 1 (one) hour of making
the payment, whereafter it is totally at the discretion of the Website
whether to issue refund.
- If a refund is processed, the refund amount will be credited to your processed bank account within 5-6 business days.
- Any technical delay or glitch
reported in the Website during the processing of the request which
includes generating reports by the service provider i.e. Astrologer shall
not be eligible for claiming refund. 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 the reason that in-correct information or data has been provided by
You. The User agrees to be careful while providing any information to the
Website and must re-check the information filled before clicking on
“Submit”. The User can request for change in the in-correct information or
data entered provided, the request for such change has been made with the
customer care within 1 (one hour) of execution of the service rendered by the
service provider.
- No refund shall be processed
for return of any damaged product. The User undertakes and agrees that by
ordering any product as displayed on the Website, the Registered User
shall be fully responsible for any damaged caused to the product, post its
delivery. For orders made via “Cash on Delivery” method of payment, the
User shall be charged for the cost of the product as displayed by the
Website and the shipping/custom/courier charges as applicable, if the
product is returned.
- Refund on pro-rata basis may be
considered for any delay in the activation of the subscription services
and any damage that may be caused to the product while in transit shall be
dealt by the Website and its agencies.
- You agree that the display
picture for the products listed for purchase by the User are for reference
purpose only and the Website will try to deliver the product ordered in an
as-is condition as displayed on the Website. The User is advised to
exercise discretion in such case and no refund shall be issued on such
grounds.
- The services offered and the
products sold are strictly not meant to replace any philosophical,
emotional or medical treatment. The Website holds no responsibility or
liability about the reality or reliability of the astrological effects on
the human physiology, by the gems represented and sold on the Website. The
placing of order for buying such products or taking the services is solely
on the discretion and will of the User and the Website does not have any
responsibility upon the products sold. The User is advised to exercise
discretion in such case and no refund shall be issued on such grounds.
- No refund shall be processed
for providing a wrong contact number for the purpose of availing the “Call
with Astrologer” 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, to & for cost of the shipping and/or
courier charges (With regard to purchase of a product listed on the
Website), customs duty (if levied) and/or any other charges that may have
been incurred by the Website during processing and/or delivering the
service, as applicable.
- In case the Website or Payment
gateway’s webpage, that is linked to the Website, 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 Website 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 Website shall only retain the cost of one single
order as intended to be placed by the User.
- If there are orders that the
Website is unable to accept and must cancel, the Website at its sole
discretion, reserves the right to refuse or cancel any order for any
reason whatsoever. Some situations may result in the order being cancelled
and include, without limitation, non-availability of the service,
inaccuracy, error in pricing information or other problems as identified.
If the User’s order is cancelled after charges being paid against the said
service, the said amount paid for booking shall be refunded.
USER
OBLIGATION
The User (inclusive of the
astrologer and the Member Customer) under an obligation not to violate the
privacy policy, terms and conditions and any other terms as defined on the
Website. The User represents that he is an individual and not a corporation or other
legal business entity. The rights to use the Website’s services is personal to
the User.The User shall while using the Website and engaged in any form of
communication on any of the forums inclusive of the products listed on the
Website 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 may, however, post excerpts of copyrighted material so
long as they adhere to Fair Use guidelines.
- The User shall not collect
screen names and email addresses of members who are registered on the
Website for purposes of advertisement, solicitation or spam.
- The User shall not send
unsolicited email, junk mail, spam, or chain letters, or promotions or advertisements
for products or services.
- 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 Website
or another’s computer.
- The User shall not engage in
any activity that interferes with or disrupts access to the Website
- The User shall not attempt to
gain unauthorized access to any portion or feature of the Website, any
other systems or networks connected to the Website, to any of the services
offered on or through the Website, 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 Website is subject to but
not limited to using the services for personal use.
- The User shall not resell or
make any commercial use of the Services without the express written
consent from the Website.
- The User shall not violate
these Terms of Usage including but not limited to any applicable
Additional terms of the Website 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 Website.
- The User by becoming a
Registered member of the Website 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 alongwith calls from the Website.
- The User agrees not to
transmit via the Website any unlawful, harassing, libelous, 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 Website 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 Website by
writing to Customer Care. On receipt of such complaint, Website 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 Website 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 astrologer regardless of any reason.
While the Website 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 Website 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 Website 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 is responsible to
ensure sufficient credit is available on the nominated card/ bank account
at the time of making the payment to permit the payment of the dues
payable or the bill(s) selected by the User inclusive of the applicable
Fee.
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 Website does
not provide warranties for the service. Astrological counselling provided
through the Website is based on cumulative or individual knowledge, experience
and interpretations of astrologers and as such, it may vary from one astrologer
to another.
- The Website is offering
services through a diverse panel of Astrologers duly verified by the
Website and such Service Provider (Astrologer) may from time to time make
recommendations of using mantras, jantras, gemstones or other astrological
remedies to be used by User. Such recommendations are being made in good
faith by the astrologers and the Website and its subsidiaries, affiliates,
officers, employees, agents, partners, and licensors make no warranty
that:
- the service will meet your
requirements
- the service will be
uninterrupted, timely, secure or error - free
- the results that may be
obtained from the use of the service will be accurate or reliable
- the quality of any products,
services, information or other material purchased or obtained by you
through the service will meet your expectations and
- any errors in the software
will be corrected. You are required to make full disclosure about the
emotional, mental and physical state of the person seeking advice from
the panel of astrologers of Website so that the astrologers make an
informed judgment about giving advice.
- The Website, services and other
materials are provided by the Website 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 Website makes no warranty that (i) the Website or the
services will meet your requirements or your use of the Website or the
services will be uninterrupted, timely, secure or error-free; (ii) the
results that may be obtained from the use of the Website, services or
materials will be effective, accurate or reliable; (iii) the quality of
the Website, services or other materials will meet your expectations; or
that (iv) any errors or defects in the Website, services or other
materials will be corrected. no advice or information, whether oral or
written, obtained by the User from the Website 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 Website will have no liability related to User
content arising under intellectual property rights, libel, privacy,
publicity, obscenity or other laws. The Website also disclaims all
liability with respect to the misuse, loss, modification or unavailability
of any User content.
- The Website 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 Website or
any services or materials, either with or without the User’s knowledge.
The Website has endeavored to ensure that all the information on the
Website is correct, but the Website neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any
data, information, product or service. The Website shall not be responsible
for the delay or inability to use the Website or related functionalities,
the provision of or failure to provide functionalities, or for any
information, software, products, functionalities and related graphics
obtained through the Website, or otherwise arising out of the use of the
Website, whether based on contract, tort, negligence, strict liability or
otherwise. further, the Website shall not be held responsible for
non-availability of the Website during periodic maintenance operations or
any unplanned suspension of access to the Website that may occur due to
technical reasons or for any reason beyond the Website's control.
- The User understands and agrees
that any material or data downloaded or otherwise obtained through the
Website 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 Website
is not responsible for any typographical error leading to an invalid
coupon. The Website accepts no liability for any errors or omissions, with
respect to any information provided to you whether on behalf of itself or
third parties.
- The Services provided by the
Website are for entertainment purposes only and the Website on behalf of
itself and its suppliers, disclaims all warranties of any kind, express or
implied, including without limitation any warranty of merchantability,
fitness for a particular purpose, title, non-infringement and it makes no
warranty or representation regarding the results that may be obtained from
the use of content or services, the accuracy or reliability of any content
obtained through the Services, any goods or services purchased or obtained
through the Website, and makes no warranty that the services will meet
your requirements, be uninterrupted, timely, secure or error-free. No
advice or information, whether oral or written, obtained by you from the
Website shall create any warranty.
- The services may consist of the
following, without limitation: Astrological content, Reports, Tarot
readings, fortunes, numerology, predictions, live telephone consultations,
email consultations or products sold through Evamastu Shop. Evamastu
charges for the chat/call service offered on this platform on per minute
basis and holds no responsibility or liability about the reality or
reliability of the astrological effects on the human physiology, by the
gems, any other products or services represented and sold on the website.
No advice or information, whether oral or written, obtained by you shall
create any warranty.
- The
advisors/consultants/astrologers are also members of the site and not
employees of the Website or the company. However, the Website 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 website is not a suicide
helpline platform. If you are considering or contemplating suicide or feel
that you are a danger to yourself or to others, you may discontinue use of
the services immediately at your discretion and please notify appropriate
police or emergency medical personnel. If you are thinking about suicide,
immediately call a suicide prevention helpline such as AASRA
(91-22-27546669).
- The Website 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 Website 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, Astrological Voice 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 Website, for the service
during the term of membership.
INDEMNIFICATION
The User shall indemnify, defend and
hold harmless the Website and its parent, subsidiaries, affiliates, officers,
directors, employees, suppliers, consultants and agents from any and all third
party claims, liability, damages and/or costs (including, but not limited to,
attorney’s fees) arising from Your use of the Services, Your violation of the
Privacy Policy or these Terms of Service, or Your violation of any third
party's rights, including without limitation, infringement by You or any other
user of Your account of any intellectual property or other right of any person
or entity. These Terms of Service will inure to the benefit of Website’s
successors, assigns, and licensees.
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 Website, its suppliers, 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 Website, its suppliers, or advertisers.
Moreover, the content such as images, text, designs, etc on all of the portals
of the Website are taken from various online portals such as Google Images. Evamastu
or GTCS Technology Private Limited is
not liable for any copyrights of that content or data.
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 Website. Arbitration shall be
conducted in accordance with the Arbitration and Conciliation Act, 1996.
The seat of such arbitration shall be New Delhi. 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 New Delhi 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 New Delhi 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 Evamastu.
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 Bhubaneswar 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.
.