TERMS AND CONDITIONS

 

Astrofy TERMS & CONDITIONS

Please read carefully the following provisions of this “Terms & Condition” of Astrofy.

ACCEPTANCE OF AGREEMENT

This is a legal agreement made by and between Snowmicro Software Solutions Pvt. Ltd., its product www.astrofy.app (website and Mobile App- collectively called as : Platform”) and you regarding the use of Astrofy Platform and related documentation being installed by you on your device (the “Software or application”). By downloading the Application and/or using any of the services enabled by the Software (the “Services”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS/ENHANCEMENT). IF AT ANY POINT OF TIME, YOU DO NOT AGREE TO THESE TERMS OF USE OR Astrofy’s PRIVACY POLICY, YOU MAY STOP THE USE OF APPLICATION OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SOFTWARE AND ALL SERVICES BY DELETING THE APPLICATION FROM YOUR DEVICES. 

For using this Platform you must be eligible to enter into contract as per the applicable laws of India and country of your residence. Your use of this portal warrants  and represents that you have full authority,  right,   and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement along with the privacy policy which can be found at: https://www.astrofy.app

GENERAL DESCRIPTION OF SERVICES

Astrofy is Web based Portal and Mobile based Application platform providing astrological content including but not limited to Astro reports, Horoscope, chat, Audio calls, video Calls, Data and email consultations (hereinafter referred as “Content”). The Website/Mobile App through its platform is offering “Free and Paid Services” (Collectively referred as “Services”). Free Services are easily accessible without becoming a subscriber or paying any Per minute fee or fixed fee , however for accessing the personalised astrological services and/or receive additional premium Content and get access to Paid Services, you are required to register as a subscriber/member on the Astrofy portal. By registering for Paid Services, a member/Subscriber agrees to:

  • To provide complete, relevant, and correct information about him/herself as prompted to do so by the Mobile App/Website. 
  • To update and maintain the information as required and submitted by you on the portal, with the view to maintain the accuracy of the information being current and complete.

 

 

USER REGISTRATION AND ELIGIBILITY

  • The Services are available only to individuals who can form legally binding contracts under the applicable law of India or Country of your residence. Without limiting the foregoing, the Services are not permitted to be used by minors (which means, in most jurisdictions, those under the age of 18 are not allowed to use the services provided on the Mobile App/Website without a legal guardian as per the applicable laws). Astrofy or its associated parties including its parent company would not be held responsible for any misuse that may occur by virtue of any person including a minor availing the services provided through Astrofy Mobile Application or website. 
  • Before using the paid services, the User will be directed to signup as a Member/Subscriber on the Mobile App or website whereby You agree to provide current, relevant, and correct information while filling up the signup/registration form. Kindly note that all the information we request, and You provide during sign-up, and all updates thereto, are referred to in these Terms of Service as “Registration Data”.
  • Registration or Signup on Astrofy could be done by you through your active Mobile number or other mediums like your Gmail, Facebook or any other valid email account. While creating an account on Astrofy, the User hereby warrants and represents and that all the information provided by the User is current, relevant, correct and complete and that the User will maintain the accuracy and keep the information updated all the time. If in case it is found that the information supplied by you on the Website/Mobile App is of another user, inaccurate, incomplete, untrue, unauthorized or not current, Astrofy has the right to suspend or terminate your account and restrict/refuse the use of our services in future.
  • The right to use Astrofy Products and Services are personal to the User and is not transferable to any other entity or user by any mean. You are fully responsible for protecting the confidentiality of your own login credentials or other information required for the purposes of signup/Login. You will be fully responsible for all the activities that occur under the User’s account on the website/Mobile App. Astrofy will not be responsible or liable for any damage or loss arising from the User’s failure to maintain confidentiality and secrecy. You must inform Astrofy immediately if you find any unauthorized access or use of your Account or breach of any security. You must signout every time from your account at the end of any session.
  • You understand, confirm and agree that your personal data including information relating to Credit card/debit card/ Net banking/Wallets transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the Astrofy or its associated parties or the Payment Service Provider(s) have no control over such matters and will not be held responsible.
  • The Website/Mobile App does not allow 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 Website/Mobile App.
    • If the User is a resident of any State/ Territory/ 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/Email ids. The User should have only one active account with Astrofy website/Mobile App.

 

KEY FEATURE

Astrofy through its website and Mobile App is providing certain service which is available through the medium of Voice Call, Video Call or Chat with the Astrologer listed and enrolled with Astrofy. By using Astrofy Service, you are also giving your unconditional consent to the Website/Mobile App to arrange a call with you on your mobile number even though your number is on DND list provided by your telecom service provider.

USER ACCOUNT ACCESS

In order to ensure that Astrofy provides high quality services, respond to User’s needs, and comply with laws, you shall hereby consent to Astrofy employees, Astrologers and agents to access your account and records to provide you services or on case-to-case basis to investigate complaints or other issues raised by you.

PRIVACY POLICY

You hereby agree that you have read and fully understand the Privacy Policy of Astrofy. You further consent that the terms and contents of our Privacy policy is acceptable to you inclusive of any update/alteration/change made and available on the Mobile App/Website.

MODIFICATION TO SERVICES, BREACH AND TERMINATION

  • Astrofy may modify or discontinue (in whole or in part/s) any of its Services or your membership/Subscription account, with or without notice, for any reason without any liability to you, any other user, or any third party. 
  • Without limiting the foregoing, we also reserve the right to terminate your account immediately 
    • (a) if We are unable to verify or authenticate Your Registration Data or other information provided by you, 
    • (b) if We believe that your actions may cause legal liability for you, Astrofy, or all or some of our other users, or 
    • (c) if We believe you have – provided us with false or misleading Registration Data or other information, have interfered with other users or the administration of the Services, or have violated our Terms & Conditions or our Privacy Policy.

REFUND AND CANCELLATION

  • TALK TO ASTROLOGER PER MINUTES: Refund requests will not be entertained under any circumstances once you have paid for the minutes to Talk to the astrologers.
  • CHAT WITH ASTROLOGER PER MINUTES: Refund requests will not be entertained under any circumstances once you have paid for the minutes to Chat with astrologers.
  • CUSTOM DETAIL REPORT: 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 Astrofy 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 Astrofy Support team within 15 minutes of making the payment, whereafter it is totally at the discretion of Astrofy whether to issue refund.
  • Any technical delay or glitch reported in the Website/Mobile App during the processing of the request which includes generating reports by the service provider i.e. Astrologer/Astrofy shall not be eligible for claiming refund. 
  • No refund shall be processed if incorrect information or data has been provided by You. The User agrees to provide accurate and relevant information and must double check the information filled before clicking on “Submit” button. 
  • No refund shall be processed if User have any bad reception or weak/bad Internet network/connection at their end while receiving the Call from Astrologers or while Chatting with Astrologer. Astrofy features are completely dependent on internet connection including Voice Call, Video Call, Chat or Payment. User must have good internet speed (Preferably high-speed internet 4G/5G/wifi) while using the Services of Astrofy. Astrofy is not liable for any refund if there is any delay/lag/disconnect in the services due to internet issue. All Chat/Calls once connected will not be refunded by any mean.
  • In case the Website/Mobile App or Payment gateway’s webpage, that is linked to Astrofy, 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.
  • All returns/refunds are at the sole discretion and case to case decision of Astrofy Management.
  • If a refund is approved, It can take upto 5-7 working days to credit the amount back to Astrofy wallet.

 

USER OBLIGATIONS AND BEHAVIOUR

The User (inclusive of the astrologer and the Customer) under an obligation not to violate the privacy policy, terms and conditions and any other terms as defined on the Astrofy Website. Your right to use Astrofy’s Services is personal to you. You represent that you are an individual, and that You are not a corporation or other business entity. You agree not to resell or make any commercial use of the Services without the express written consent of Astrofy. You are also solely responsible for the content of your transmissions through our Website/Mobile App. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You Further agrees:

  • To comply with all Indian laws regarding the transmission of technical data exported from India through our Services
  • Not to use the Website/Mobile App or any of its Services for illegal purposes
  • Not to interfere or disrupt networks connected to Astrofy Website/Mobile App
  • To comply with all applicable regulations, policies and procedures of networks connected to Astrofy website and Mobile App; and
  • To comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.

Astrofy makes use of the Internet to send and receive certain messages. Therefore, your conduct is subject to Internet regulations, policies, and procedures. 

You will not use Astrofy for spamming, chain letters, junk mail, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through our website/Mobile App any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature. 

You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, 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/ servers are strictly prohibited. You shall not interfere with any other Astrofy members use or enjoyment of the Website or Services.

Astrofy 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.

 

Content available on Website/Mobile App

Astrofy owns and retains all proprietary rights, including without limitation, all intellectual property rights in the www.Astrofy.com website and Astrofy Mobile Applications. The website and Mobile App contains the copyrighted material, trademarks, and other proprietary information of Astrofy.com, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Astrofy, you may not copy,Edit, publish, transmit, share, perform, display, or sell any such proprietary information. All lawful, legal and non-objectionable messages (in the sole discretion of Astrofy), content and/or other information, content or material that you post on the forum boards shall become the property of Astrofy. Astrofy reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content.

BANK ACCOUNT AND FINANCIAL INFORMATION

The User is under an obligation to provide his banking and financial information as and when required. For that purpose, User agrees that the debit/credit card, Net Banking, UPI and Wallet 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, netBanking, UPI or wallet details.

NO WARRANTY

You agree that all the Services by Astrofy website/Mobile App are provided on the User’s demand. Besides, Astrofy assumes no responsibility for availability (or lack thereof), deletions or failures to store any member communications or personalization settings. in particular, but not by way of limitation, Astrofy may delete e-mail or other accounts or the information therein if the account is inactive for more than ninety (90) days the use, application and understanding of all the predictions and explanations is on the User’s discretion, and the User shall be solely responsible for any eventuality, if any arises. Astrofy, on behalf of itself and its subsidiaries, disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, or 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 Astrofy website/Mobile App, or any transactions entered into through Astrofy website/Mobile App, and makes no warranty that the services will, at all times, meet your exact requirements, be 100% uninterrupted, 100% timely, secure or error free. No advice or information, whether oral or written, obtained by you from Astrofy website/Mobile App or through the services shall create any such warranty.

Astrofy does not take guarantee of any untoward incident that may happen with the User after seeking the Service. Astrofy or the Service Provider/Astrologers providing the advice is not liable and does not guarantee any results as expected by the User and accessing the Website/mobile App in such scenario is purely at the risk of the User.

 

LIMITATION OF LIABILITY

  • In no event will Astrofy or its suppliers be liable for any direct or indirect, incidental, sub sequential, special, consequential or punitive damages of any kind, including but not limited to damages for loss of profits and the cost of procurement of substitute goods and services arising out of or in connection with our website, Mobile App,  the services, our privacy policy, or these terms of service even if Astrofy had been advised of the possibility of such damages without limiting the foregoing Astrofy will not be liable for indirect damages arising out of or in connection therewith. Apart, Astroall shall not be liable for any dispute, complaint, damage, charge, loss whatsoever, arise due to any of suggestions, advice or comments provided by Astrologers.
  • To the maximum extent permitted by applicable law, the Website/Mobile App will have no liability related to User content arising under intellectual property rights, 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 User understands and agrees that any data or material downloaded or otherwise obtained through Astrofy website/Mobile App is done entirely at their own discretion and risk and they will be solely responsible for any damage to their Mobile Phones, computer systems or loss of data that results from the download of such material or data. Astrofy 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 Astrofy website/Mobile App are for entertainment purposes only and Astrofy 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/Mobile App, and makes no warranty that the services will meet your requirements, be uninterrupted, timely, secure or error-free. 
  • Astrofy provides various services on its website/Mobile App through Astrologers including but not limited to Horoscope, Astrological content, Reports, Tarot readings, numerology, predictions, voice call consultations, chat consultation or email consultations. Astrofy 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 remedies, any other products or services represented and sold on the website/Mobile App. No advice or information, whether oral or written, obtained by you shall create any warranty by any mean.
  • The astrologers/experts/Consultants are also members of the Astrofy website/Mobile App and not the employees of the Website/Mobile App or the company. However, Astrofy have the rights to verify the degrees, qualifications, credentials, and background of the astrologers/experts/Consultants but does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information or other services provided by the astrologers/experts/Consultants 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 astrologers/experts/Consultants.

Notwithstanding anything to the contrary contained herein, Astrofy 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/Mobile App, for the service during the term of membership/Subscription.

INDEMNITY

You agree to indemnify, defend and hold Astrofy Website/Mobile App and its parent Company, subsidiaries, consultants, affiliates, experts, officers, directors, employees, suppliers, freelancers and agents Harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of the Privacy Policy or these Terms & Conditions 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 Astrofy successors, assigns, and licensees. 

ADVERTISERS ON WEBSITE

Any of your correspondence or business dealings with, or participation in promotions of, advertisers found on Astrofy website/Mobile App or through the Service, including payment and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Astrofy shall not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Astrofy Website/Mobile App.

PROPRIETARY RIGHTS TO CONTENT

You acknowledge and agree that the Content, including but not limited to text, software, sound, music, photographs, video, graphics, animations or other material available on Astrofy website/Mobile App or contained in sponsor advertisements or distributed via email, Whatsapp, commercially produced information presented to Member by the Website/Mobile App, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You are not permitted to copy, use, reproduce, modify, distribute, perform, display, or create derivative works from the Content unless expressly authorized by Astrofy, its suppliers, or advertisers. Moreover, the content such as images, text, designs, etc on all of the portals of Astrofy which are taken from various online portals such as Google Images. Astrofy or its parent company is not liable for any copyrights of that content or data.

ARBITRATION; INJUNCTIVE RELIEF

Any dispute, controversy, or claim arising out of, relating to, or in connection with this Terms and Conditions/Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules in the Indian Law. The arbitration shall be conducted by a single arbitrator, selected by Astrofy in accordance with the rules in the Indian Law, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Chandigarh 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 Chandigarh, India for any such proceeding.

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 Indian Post. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit in the snail mail, to Member at the address provided by Member in the Registration Data and to Astrofy at the address set forth below:

“Incubation Building Block No 24, SDA Complex Kasumpti, Shimla-171009, Himachal Pradesh, India”

DISCLAIMER

The information and data contained on Astrofy website is to be treated purely for your entertainment purposes only. Any message that you receive, or any predictions made by any Astrologer is not a substitute for advice, programs, or treatment that you would normally receive from a licensed professional such as a psychiatrist, financial advisor, lawyer, doctor or legal consultant. Accordingly, Astrofy.com or Astrofy Mobile Application provides no guarantees, assurances, implied warranties of any kind, and will not be responsible for any interpretation made or use by the recipient of the information and data mentioned above.

Also Please note that Astrofy.com is not a registered firm. It is a product of Snowmicro Software Solutions Private Limited. All the transaction and gathered data is / will be accessed by Snowmicro Software Solutions Pvt Ltd Or its associated parties.