ASTRO NOW

TERMS OF USE

Last updated on: 21st August, 2024

  1. INTRODUCTION
  1. The website https://www.now-astro.com/ and the mobile application on Android and iOS Platforms ‘AstroNow’ (together “Platform”) are owned and operated by FirstPrinciple AppsForBharat Private Limited, a private company incorporated in India under the Companies Act, 2013 and having its registered office at #435, First Floor, 17th Cross, 19th Main Rd, Above Axis Bank, Sector 4, HSR Layout, Bengaluru, Karnataka - 560102 and includes any of our affiliates, associates, assignees or successors-in-interest as determined by us at our sole discretion and without requiring any prior notice or intimation to you (“Company”, “we” or “us” or “our”). Your (“you”, “your” or “user”) use of the Services (as defined herein) is subject to these terms and conditions (“Terms of Use”).
  2. Please read these Terms of Use, along with the privacy policy available at [https://www.now-astro.com/privacy-policy] (“Privacy Policy”) and all other rules and policies made available or published on the Platform as they shall govern your use of the Platform, and the Services provided thereunder.
  3. By using or visiting the Platform, you signify your agreement to these Terms of Use and the Privacy Policy. By downloading, registering, signing up for the Services, or otherwise accessing, receiving, or using the Platform, you acknowledge that you have read, understood, and consented to be governed and bound by these Terms of Use and the Privacy Policy. If you do not accept or agree to any part of these Terms of Use or the Privacy Policy, please do not use the Platform or the Services.
  4. These Terms of Use are an electronic record as per the Information Technology Act, 2000 (as amended/re-enacted) and rules thereunder (“IT Act") and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics code) Rules, 2021, which mandates the publishing of rules and regulations, privacy policy and terms and conditions for access or usage of any application or website. This electronic record is generated by a computer system and does not require any physical or digital signature. In addition, some of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such solution is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference.
  1. OVERVIEW OF THE SERVICES
  1. We offer a platform that enables users to connect with astrologers for consultations and to book certain remedial services (collectively referred to as "Services"). These Services are designed to provide users with personalized guidance and predictions using various forms of astrology and related practices. These include:
  1. Consult an Astrologer

Users can consult with astrologers through two different mediums, as detailed below, with the first 5 (five) minutes of the initial consultation being free of charge. The modes of communication include:

  1. Voice Call: The Platform facilitates consultations with astrologers via voice calls. By agreeing to these Terms of Use, you consent to receive calls from the Platform, even if your number is registered under the DND (Do Not Disturb) service provided by your mobile service provider.
  2. Chat: Users can also consult astrologers through chat services available on the platform.
  1. Remedial Services

The Platform provides users with the opportunity to book various remedial services aimed at addressing specific concerns or enhancing different aspects of life. These Services may include, but are not limited to, performing rituals, pujas, and other spiritual practices. Common use cases for booking a remedy through the Platform include removing obstacles and negative influences related to Doshas in Kundli, celebrating special occasions such as festivals and significant life events, enhancing marital harmony and resolving relationship conflicts, seeking financial stability and business success, achieving career growth and academic excellence, resolving post-divorce or breakup conflicts, and ensuring the well-being of family members and friends. Additionally, users may seek consultations on topics including educational choices, health concerns, financial matters, personal growth, life predictions, and legal issues.

  1. ACCESS

Subject to these Terms of Use, we may offer to provide you with the Services selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services we perform for you, or any widgets that you download from the Platform. In case of any discrepancy in the Services, you must bring the same to our notice in writing within a period of 7 (seven) days from the date of performance of the Services, failing which the Services shall be deemed accepted, fulfilled and satisfactorily completed.

  1. REGISTRATION AND ELIGIBILITY
  1. Only persons who can form legally binding contracts under the Indian Contract Act, 1872 may access the Platform and avail our Services. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including, without limitation, un-discharged insolvents, are not eligible to avail our Services. If you are a minor i.e., under the age of 18 (eighteen) years, you cannot register and/or avail our Services. We reserve the right to refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are incompetent to contract. You represent and warrant to us that you are of legal age to form a binding contract and are not a person barred from availing the Services under applicable laws.
  2.  You may, at your sole discretion, log into the Platform using your phone number (“Login Details”) and a password (OTP) or other log-in ID and password which can include a Facebook/Gmail account or any other valid email ID. 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 it is found that the information so supplied on the Platform is inaccurate, incomplete, untrue and not current, we have the right to suspend or terminate the user’s account and restrict/refuse the use of the Platform by such user in future. You agree not to:
  1. provide any false personal information to us (including false/fraudulent Login Details) or create any account for anyone other than yourself without such person's explicit permission; or
  2. use the Login Details of another person with the intent to impersonate that person.
  1. YOUR RESPONSIBILITIES
  1. By using the Platform, you represent and warrant that:
  1. you have fully read and understood the Terms of Use and Privacy Policy and consent to them;
  2. you will ensure that your use of the Platform and/or Services will not violate any applicable law or regulation;
  3. you have no rights in, or to, the Platform or the technology used or supported by the Platform or any of the Services, other than the right to use each of them in accordance with these Terms of Use;
  4. you will not use the Platform or the Services in any manner inconsistent with these Terms of Use or Privacy Policy;
  5. you will not resell or make any commercial use of the Services or use the Services in any way that is unlawful, for any unlawful purpose, or in a manner that your use harms us, the Platform, or any other person or entity, as determined in our sole discretion, or act fraudulently or maliciously;
  6. you will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
  7. you will not transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise damage, disable, overburden, impair or compromise the Platform, our systems or security or interfere with any person or entity's use or enjoyment of the Platform;
  8. you will not post, publish or transmit any content or messages that:
  1. are false, misleading, defamatory, harmful, threatening, abusive or constitute harassment
  2. promote racism, entail hateful slurs or promote hateful behaviour, associate with hate groups or any violence towards others including terrorism or self-harm or suicide or harm against any individual or group or religion or caste,
  3. infringe another's rights including any intellectual property rights or copyright or trademark, violate or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability, or
  4. depict or encourage profanity, nudity, inappropriate clothing, sexual acts, sexually suggestive poses or degrade or objectify people, whether in the nature of a prank, entertainment or otherwise.
  1. you will not promote the use of explosives or firearms, the consumption of psychotropic drugs or any other illegal activities;
  2. you will not disparage, make false or malicious statements against us or in connection with the Services or the Platform;
  3. you will not interfere or attempt to interfere with the proper working of the Platform, or any activities conducted on the Platform;
  4. you will not bypass any measures we may use to prevent or restrict access to the Services;
  5. you will not run any form of autoresponder or “spam” on the Platform;
  6. you will not use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services;
  7. you will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service, except as expressly authorized by us;
  8. you will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

  1. RESTRICTED CONTENT 

  1. We strictly prohibit any content on our platform that exploits or endangers children. This includes, but is not limited to, child sexual abuse materials. Accounts found engaging in such activities will be immediately deleted. If you come across any content that may exploit a child, please report it immediately. We will take immediate action if we become aware of any content containing child sexual abuse materials. Additionally, content that may appeal to children but includes adult themes is strictly prohibited, including content with excessive violence, blood, or gore, content depicting or encouraging harmful or dangerous activities, and content that promotes negative body or self-image, such as depictions of plastic surgery, weight loss, or cosmetic changes for entertainment purposes.

  2. We are committed to maintaining a safe and respectful platform. Content that is harmful or inappropriate is strictly prohibited.
  3. We do not allow content that promotes or contains sexual content or profanity, including pornography or sexually explicit materials. Any content or services intended to be sexually gratifying, or that promotes sexually predatory behaviour, is prohibited. Violations of this policy will result in the immediate deletion of the account. Examples of violations include:
  1. Depictions of sexual nudity or sexually suggestive poses.
  2. Illustrations or animations of sex acts.
  3. Content depicting sexual aids, sex guides, or illegal sexual themes.
  4. Content with profanity, slurs, or explicit language.
  5. Content promoting sex-related entertainment, escort services, or compensated dating.
  6. Content that degrades or objectifies individuals.
  7. Content exploiting individuals in a sexual manner, such as creepshots or hidden camera content.

  1. We do not tolerate content that promotes violence or incites hatred against individuals or groups based on race, ethnicity, religion, disability, age, nationality, veteran status, sexual orientation, gender identity, caste, immigration status, or any other characteristic associated with systemic discrimination. Examples of violations include:

  1. Content asserting that a protected group is inferior or worthy of being hated;
  2. Content promoting hateful stereotypes or negative characteristics about a protected group;
  3. Content encouraging hatred or discrimination against a protected group; and
  4. Content promoting hate symbols or behaviours associated with hate groups.
  1. We prohibit content that depicts or facilitates gratuitous violence or dangerous activities. Examples of violations include:
  1. Graphic depictions of realistic violence or violent threats; and
  2. Content promoting self-harm, suicide, or dangerous activities.
  1. We do not allow content related to terrorism, including content that promotes terrorist acts, incites violence, or celebrates terrorist attacks.
  2. We do not permit content associated with organizations or movements that engage in violence against civilians.
  3. We do not allow content that capitalizes on or is insensitive to significant social, cultural, or political events, such as natural disasters, public health emergencies, or tragedies. Examples of violations include:
  1. Insensitive content regarding the death of individuals.
  2. Content denying well-documented tragic events.
  3. Content appearing to profit from sensitive events without benefit to the victims.

  1. We do not allow content that facilitates threats, harassment, or bullying. Examples of violations include:

  1. Bullying victims of conflicts or tragedies.
  2. Content exploiting others, such as through extortion or blackmail.
  3. Content intended to publicly humiliate someone.

  1. We do not allow content that facilitates the sale of explosives, firearms, ammunition, or certain accessories, or provides instructions for manufacturing such items. This also includes psychotropic drugs, marijuana, tobacco, and alcohol.

  1. PAYMENT TERMS
  1. You hereby acknowledge and agree that to avail the Platform and/or the Services, you explicitly agree to pay the fees in the manner and mode as notified to you by us. The said fee is subject to periodic review and may be revised at our sole discretion with any revisions being communicated to you as necessary. Please note that your network operator may also charge you separately for data and other usage.
  2. The first 5 (five) minutes of your consultation, whether via voice call or chat, are free of charge. After the first 5 (five) minutes, the services will be chargeable as notified to you from time to time.
  1. CANCELLATION AND REFUND POLICY
  1.       Remedial Services

You may request to cancel your order up to 24 (twenty-four) hours before the date and time of the event. For cancellation, you may message us on WhatsApp at +91 9844534442 or send us an email at help@now-astro.com up to 24 (twenty-four) hours before the date and time of the event. Any money debited will be refunded to your original source of payment within 7-10 (seven to ten) business days.

  1.       Astrology Services

Please note that the cancellation policy stated above does not apply to astrology services. The astrologers listed on the Platform have a per-minute/hour rate, and you may choose from a wide range of astrologers available. You can consult with any astrologer as long as there are sufficient funds in your wallet.

Refunds for astrology services may be considered only in the following instances, and at our sole discretion:

  1. Network issues due to which the chat/call was affected during the service, or prevalence of factors such as weak signal, background noise, or inaudibility of the astrologer during the session;
  2. The astrologer was unable to respond fluently in the language provided in their profile;
  3. The astrologer took inordinately long to respond to the user; or
  4. The astrologer responded with irrelevant or inappropriate responses to the user’s query.
  1. No refund shall be processed in the following instances:

  1. The order has reached the processing stage, i.e., an astrologer has already been assigned;
  2. The Platform suffers a technical delay or glitch in processing the request or generating the report from the astrologer.
  3. The information provided by you is incorrect. You agree to verify any information submitted to the Platform and ensure that any such information is accurate. In the event the information provided is incorrect, you may request to rectify the information, provided such request is made within 1 (one) hour of the Service rendered by the astrologer.
  4. The contact number provided by you for the purpose of availing the astrology services is incorrect. Once you choose to avail a call with the astrologer, you are requested to ensure that your contact number is reachable, within coverage area, and that you answer such call when received.
  5. Inaccurate results from the consultation. Please note that we do not take responsibility for the factual accuracy of the results arising out of the service rendered.
  1. Refunds, if any, shall be processed after the 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 Platform during processing and/or delivering the service, as applicable.

  1. CONDITIONS TO USE
  1. The Services will be provided on a best-efforts basis. We will make reasonable efforts and shall endeavour that you are able to use the Services without undue disruption, interruption, or delay.
  2. Once you login on the Platform, you may receive updates, promotional materials, and other information we may send with regard to the Service, or new services we may offer. You hereby consent to receiving all such commercial communications from us. You may opt out of receiving any, or all, of these commercial communications by writing to us at legal@appsforbharat.com.
  3. We disclaim any responsibility for any harm resulting from anyone’s use of, or access to, the Services. If you avail our Services, you are responsible for taking precautions as necessary to protect yourself and your device(s) from malware, viruses, spyware, trojan horses, worms or trap doors, and other such harmful or destructive software.
  1. INTELLECTUAL PROPERTY
  1. You agree and acknowledge that we are and we will remain the owner of the Platform and the Services thereunder, at all times. You acknowledge that copyright in works contained on the Platform and the Services, including but not limited to all the features, functionality, software, design, text, sound recordings and images, are our exclusive property or licensed by us, except as otherwise expressly stated. You may access the Platform as a bona fide visitor or only for your use of the Services offered.
  2. All trademarks, service marks, trade names, trade dress, and other forms of intellectual property are proprietary to us. No information, code, algorithms, content, or material from the Platform or the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.
  1. THIRD-PARTY LINKS
  1. The Platform includes links to third-party websites and/or applications. You acknowledge that when you access a third-party link that leaves the Platform:
  1. the website or application you access is not controlled by the Company and different terms of use and privacy policies may apply;
  2. the inclusion of a link does not imply any endorsement by the Company of the third-party website and/or application, the website’s and/or application’s provider, or the information on the third-party website and/or application; and
  3. if you submit any information or details on any of those websites and/or applications, such information is governed by the terms of use and privacy policies of such third-party websites and/or applications and the Company disclaims all responsibility or liability with respect to these terms of use, policies or the websites and/or applications.
  1. You are encouraged to carefully read the terms of use and privacy policy, of any third-party website and/or application that you visit. The Company reserves the right to disable third-party links from the Platform, although the Company is under no obligation to do so.
  1. INDEMNIFICATION AND LIMITATION OF LIABILITY
  1. To the extent permitted by law, you agree to indemnify and hold harmless the Company, its officers, directors, and employees from and against any losses, damages, costs, expenses and claims arising out of (i) your use of the Services; (ii) any breach of these Terms of Use or Privacy Policy by you; (iii) any infringement of any intellectual property or other rights of the Company or any third party or (iv) your breach of any applicable laws.
  2. To the fullest extent permitted by law, the Company or its affiliates shall not be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages arising from the use of the Platform and/or Services. This includes, but is not limited to, damages based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages. You expressly understand and agree that, under no circumstances, shall the Company be liable to you or any other person or entity for any damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, resulting from circumstances, including with respect to:
  1. the use or the inability to use the Platform and/or the Services;
  2.  your reliance on the statements or claims made by us in the course of rendering our Services; or
  3. any other matter relating to the Platform and/or Services.
  1. Additionally, by using the Platform or any of the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Platform or any of the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
  2. In any event, the total liability of the Company and its affiliates to you, for any claims arising out of or relating to the use of the Platform and/or Services shall not exceed the amount you paid, if any, for the specific Service provided. This limitation applies regardless of the form of action, whether in contract, tort, or any other legal theory.
  1. TERMINATION
  1. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, including but not limited to, as a result of your breach of these Terms of Use or the Privacy Policy. Any suspected illegal, fraudulent, or abusive activity will also be grounds for terminating your access to the Platform and/or Services.
  2. We reserve the right to, at our sole discretion, (a) cease operating the Platform or any of the Services at any time without notice, and/or (b) terminate these Terms of Use.
  3. All provisions of these Terms of Use which by their nature survive termination shall survive termination, including, without limitation, intellectual property (Clause 10), indemnification and limitation of liability (Clause 12) and disclaimer (Clause 14).
  1. DISCLAIMER
  1. The Services provided by the Company are intended solely as a platform to connect users with independent astrologers. The Company does not directly provide the Services, including any astrological services, and its role is limited to facilitating the Services for the users.
  2. We do not in any manner represent or warrant nor do we undertake any responsibility or liability about the reality or reliability or outcome of the astrological effects on human physiology or any other products or Services represented and sold on the Platform. No advice or information, whether oral or written, obtained by you through the Platform while availing the Services (including from any third-party service provider) shall create any warranty by the Company. We do not encourage or tolerate any content that promotes actions involving black magic, witchcraft, voodoo or tantrism in any manner. We do not commit to treating or providing solutions for users experiencing weak physical and/or mental health nor do we provide any medical advice. Users are advised to seek appropriate medical advice for any issues relating to physical or mental health.
  3. The advisors/consultants/astrologers are not employees of the Platform or the Company and are third party service providers. You agree and acknowledge that you are connecting with third party service providers at your own risk, and we undertake no responsibility or liability with respect to such third-party service providers. We do not refer, endorse, recommend, verify, evaluate or guarantee any advice, information or other services provided by the third-party service providers or by the Company, nor do we warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content, anything said or written by, or any advice provided by such third-party service providers. You further agree that in no event will we be made a party to or have any liability with respect to any dispute between you and any third-party service provider. We may terminate the services of any third-party service provider at any time and without any liability, at our sole discretion.
  4. Save to the extent required by law, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding the effects the Services may have on you.
  5. You agree and acknowledge that the Services are provided on an “as is” basis, and that we hereby do not guarantee or warrant to the accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, of the Services and accept no liability or responsibility with respect to your reliance on the statements or claims made by us in the course of rendering our Services.
  6. The Company offers services through a diverse panel of astrologers who have been duly verified by the Platform. These astrologers may, from time to time, recommend the use of mantras, yantras, gemstones, or other astrological remedies for the user. Such recommendations are made in good faith by the astrologers; however, the Company, along with its subsidiaries, affiliates, officers, employees, agents, partners, and licensors, makes no warranty that:
  1. The service will meet your requirements;
  2. The service will be uninterrupted, timely, secure, or error-free;
  3. The results obtained from the use of the service will be accurate or reliable;
  4. The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
  5. Any errors in the software will be corrected.
  1. The Company makes no representation or warranty that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Any users who use or access the Platform or avail the Services from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction.
  2. The Company expressly disclaims any responsibility, representation, or warranty regarding the effectiveness, outcome, or impact of the astrological services booked through our platform. All services are provided by independent third-party service providers, and the Company is not liable for any discrepancies, cancellations, or any direct or indirect consequences arising from these services.
  3. The astrologers listed on the platform operate independently and are not employed by the Company. While the Company undertakes verification of their credentials and backgrounds, it does not endorse or guarantee the accuracy, reliability, or quality of the advice, information, or services provided by these individuals. The Company also disclaims any responsibility for the content and recommendations made by the advisors, consultants, or astrologers and does not warrant any aspect of their services, including but not limited to validity, completeness, safety, or legality.
  4. By using the Platform or any of the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Platform or any of the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
  1. GOVERNING LAW
  1. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  2. These Terms of Use shall be governed by and construed in accordance with the laws of India. For all purposes of these Terms of Use, you consent to the exclusive jurisdiction of the courts located in Bangalore, India. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
  1. SEVERABILITY

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise, in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

  1. MODIFICATION OF TERMS OF USE

We reserve the right, at our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or its usage at any time by posting a notice or by sending you notice through our Service or via email/contact details provided as Login Details. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use shall constitute an acceptance of those changes.

  1. MISCELLANEOUS
  1. Unless otherwise specified in these Terms of Use, all notices hereunder will be in writing and will be deemed to have been duly given when received or when receipt is electronically confirmed, if transmitted by e-mail.
  2. In respect of these Terms of Use and your use of these Services, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you, or entitle any third party to enforce any provision hereof, and it is agreed that we do not intend that any provision of these Terms of Use should be enforceable by a third party as per any applicable law.
  1. CONTACT

In the event that you wish to raise a query or complaint with us, please contact our Grievance Officer (contact details set out below) who shall acknowledge your complaint within 24 (twenty-four) hours from the time of receipt of such complaint. Kindly note that once your complaint is received, we shall use our best efforts to redress it within a period of 15 (fifteen) days from the date of receipt of such complaint:

Name: Prashant Sachan

Contact Number: +91 97411 45430

Email ID: legal@appsforbharat.com