The terms and conditions as set out herein (“Terms”) govern the usage of the Astro Tak service and the Platform (defined herein below) and constitute a legally binding agreement between T.V. Today Network Limited (a part of India Today Group), which operates the Platform (“AstroTak”, “we”, “us” or “our”) and the user of the Platform (“you” or “your” as the context may permit). The effective date of the Terms is 25th September, 2020.
For the purposes of these Terms “Platform” means www.astrotak.com, which includes its corresponding mobile application.
T.V. Today Network Limited
India Today Group Mediaplex, FC-8,
Film City, Sector 16A, Noida- 201301
2. THE GENERAL SERVICES AND THE PERSONALIZED SERVICES
The General Services and the Personalized Services have been referred collectively as ‘Services’ in these Terms of Service. When you avail any of the Personalized Services, you agree to:
3. MEMBER ELIGIBILITY
The Services are available only to individuals who can form legally binding contracts under the applicable law. 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 years) or temporarily or indefinitely suspended AstroTak members.
4. MEMBER REGISTRATION DATA
Upon registration, including your provision of Registration Data, you will receive a unique AstroTak identification (ID) and a password. You shall be entirely responsible for maintaining the confidentiality of your AstroTak ID and password. You shall be responsible for all uses of your account, whether or not actually or expressly authorized by you. You may change your password by following instructions on the Platform. You agree that your account, ID, and password may not be transferred or sold to another party. You also agree to immediately notify AstroTak of any unauthorized use of your account or any other breach of security known to you.
5. OUR ACCESS TO YOUR ACCOUNT
In order to ensure that AstroTak is able to provide high quality services, respond to customer needs, and comply with laws, you shall hereby consent to AstroTak employees and agents being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or suspected abuse.
6. MODIFICATION TO SERVICES; BREACH; TERMINATION
AstroTak may modify or discontinue (in whole or in part/s) any of its Services or your membership 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 AstroTak, 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 these the Agreement.
7. MEMBER BEHAVIOR AND RESTRICTIONS
a. Compliance With Laws: Your right to use our 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. You are also solely responsible for the content of your transmissions through our Platform. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree:
i. To comply with all Indian laws regarding the transmission of technical data through our Services;
ii. Not to use the Platform or any of our Services for illegal purposes;
iii. Not to interfere or disrupt networks connected to AstroTak;
iv. To comply with all applicable regulations, policies and procedures of networks connected to the Platform; and
v. To comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.
b. The Platform 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 the Platform for chain letters, junk mail, spamming, 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 the Platform 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 AstroTak members’ use or enjoyment of the Platform and/or Services.
c. You agree that notwithstanding your telephone/mobile being registered with NDNC and or notwithstanding the Telecom Regulatory Authority of India [TRAI] restrictions/ guidelines on unsolicited telecalls, by virtue of you choosing to avail services from the Platform, and/or accessing the Platform and/or leaving the Platform half way enquiring/ to verify the Services and/or your making a request to call back, it is deemed that you have expressly authorized us and are hereby authorizing us to call you back or send you text messages for solicitation and procurement of our services. In this regard you shall not i) have any complaint; or ii) complain to TRAI, as to any alleged unsolicited calls from us.
8. NO WARRANTY
a. You agree that astrological calculations are based on scientific equations and not on any specific published almanac. Although broadly based on Indian Predictive Astrology/ Numerology, the reports generated and the predictive texts must be considered purely as an opinion based on the principles of Astrology. Under no circumstances shall we entertain any dispute on differences arising out of any comparisons between the reports shared through the Platform and other astrology service sources and/or inaccurate outcomes. You further understand that the astrology services and the predictive texts in the Services are subject to continuous modifications, including addition of new chapters, and that this is necessitated by the nature of content and constantly evolving research findings, and that there are minor variations in the systems and practices followed in different regions of India and we have accommodated some of these variations in the regional language versions and that as such, the reports generated by the services in different languages may not be exact translations.
b. You ought to understand and agree that all the Services by AstroTak are provided on your demand. Besides, AstroTak 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, AstroTak 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, forming part of the Services, is on the User’s discretion, and the User shall be solely responsible for any eventuality, if any arises. AstroTak, 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 the Platform, the accuracy or reliability of any content obtained through the services, any goods or services purchased or obtained through AstroTak, or any transactions entered into through Platform, 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 AstroTak or through the services shall create any such warranty.
c. The reports are based on the data provided by you and the best possible research support we have received so far. We do not assume any responsibility for the accuracy or the effect of any decision that may be taken on the basis of the reports availed by you through the Platform.
9. LIMITATION OF LIABILITY
In no event will AstroTak or its subsidiaries, affiliates, directors, agents, representatives be liable for any indirect, incidental, 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 (collectively, indirect damages) arising out of or in connection with the Platform and/or the Services (however arising, including negligence), even if AstroTak had been advised of the possibility of such damages. Without limiting the foregoing, AstroTak will not be liable for indirect damages arising out of or in connection with THE USE OF OR THE INABILITY TO USE THE SERVICES, ANY SERVICES PURCHASED OR OBTAINED THROUGH THE PLATFORM, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM, OR LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OF DATA.
You agree to indemnify, defend and hold harmless AstroTak 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, attorneys fees) arising from Your use of the Services, Your violation of the Agreement, 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 will inure to the benefit of AstroTak’s affiliates, successors, assigns, and licensees.
11. PROPRIETARY RIGHTS TO THE CONTENT
You acknowledge that the content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or distributed via email, commercially produced information presented to you by AstroTak, 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, distribute, perform, display, or create derivative works from the Content unless expressly authorized by AstroTak, its suppliers, or advertisers.
Except as otherwise stated in these Terms, all notices to a party shall be in writing and shall be made either via email or courier/ speed post. Notice shall be deemed given 24 hours after an email is sent, or 7 days after dispatch, to you at the address provided by you in the Registration Data and to AstroTak at the address set forth in clasue 1.5 of these Terms.
13. CHOICE OF LAW
These Terms are governed by the laws of India. The Parties hereby agree that the courts at New Delhi shall have exclusive jurisdiction over any dispute arising out of these Terms.
14. GENERAL PROVISIONS
15. DELIVERY, RETURN & CANCELLATION
a. Reports: While availing the Platform services, you will be required to exercise due discretion and care while ordering reports. Once the report has been allocated for processing, no refund requests will be entertained. However, if you wish to cancel an order for a report, you can do so within one hour of placing the order, in which case you will have to e-mail our customer care team at email@example.com. Reports are delivered within 72 hours from the time the required inputs are provided by the user. Please check product page for exact delivery times. The delivery time-frames displayed on the Platform are approximate, but we make every effort to strictly adhere to them. Minor delays which are considered reasonable will not be treated as a basis for refunds. Also, refund requests for incorrect data provided by customers will not be entertained under any circumstances. You are therefore requested to double-check your data before providing it to us.
b. Ask a Question: You may share question(s) of your choosing through the Platform, which will be directed towards our astrologers. For this service, no cancellation requests shall be entertained. The response to the question will be delivered between 48 to 72 hours from the time the receipt of the request is acknowledged. The delivery time-frames displayed on the Platform are approximate, but we make every effort to strictly adhere to them. Since this is a personalized service, minor delays which are considered reasonable will not be treated as a basis for refunds. Also, refund requests for incorrect data provided by customers will not be entertained under any circumstances. You are therefore requested to double-check your data before providing it to us.
c. Talk To Astrologer Minutes: Once you have paid for the minutes to speak to the astrologers, refund requests will not be entertained under any circumstances. Talk to Astrologer Minutes are credited to your account instantly on submission of your input details, including your Registered Mobile Number and email ID.
General Terms and conditions for Online Pooja Service for users:
The Astro Tak Wallet is issued by and the Wallet Services are provided by T.V. Today Network Limited, a company registered under the Companies Act, 1956 having its registered office at F-26, First Floor, Connaught Circus, New Delhi- 110001 (“TVTN”). The customers using the Astro Tak Wallet may load amount in the wallet through their credit or debit cards, and the amounts in the Astro Tak Wallet may be used for making payments towards transactions done by customers on the Astro Tak Platform only. Customers shall not be permitted to make any cash withdrawals from the Astro Tak Wallet.
By registering for or using Astro Tak Wallet, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs.
3. General Conditions for Astro Tak Wallet
iii. To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;
iv. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
v. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
vi. If the mobile connection with which your Astro Tak Wallet is related ceases to be operational or in your possession or control;
vii. If TVTN believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
h. The value stored on your Astro Tak Wallet shall NOT be refunded under ANY circumstances and may only utilized to make payments for bona fide Transactions. No interest will be payable by TVTN on the available balance reflected on the Astro Tak Wallet.
i. You are permitted to maintain and operate only one Astro Tak Wallet. Any suspected nonconformity with this requirement shall constitute grounds for the suspension/discontinuation by TVTN of any of all Astro Tak Wallets associated with you on the Astro Tak Platform. Any operation of or continued availability of any facility respect to the Astro Tak Wallets from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.
4. Astro Tak Wallet Validity
5. Customer Obligations
You agree to indemnify, save, and hold TVTN, its affiliates, contractors, employees, officers, directors, agents, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to : (i) your use or misuse of the Astro Tak Wallet; (ii) any violation by you of the T&Cs, including the Astro Tak Wallet Terms; or (iii) any breach of the representations, warranties, and covenants made by you herein. TVTN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TVTN, including rights to settle, and you agree to cooperate with TVTN’s defense and settlement of these claims. TVTN will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these T&Cs, including the Astro Tak Wallet Terms.
7. Additional T&C.
8. Amendment of Terms, Astro Tak Platform
TVTN may modify, terminate and/or suspend Astro Tak Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators. TVTN reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time by posting notification on the Astro Tak Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Astro Tak Platform, availing the Astro Tak Wallet service, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Astro Tak Platform/Astro Tak Wallet. For certain changes, TVTN may be required under applicable law to give you advance notice, and TVTN will comply with such requirements. Your continued use of the Astro Tak Platform and the Astro Tak Wallet following the posting of changes will mean that you accept and agree to the changes.
You specifically agree that in order to facilitate the provision of Astro Tak Wallet, TVTN may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise or any third party.
10. Assignment; Restrictions on Information Sharing; Privacy
11. Intellectual Property Rights
TVTN, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (hereinafter IP Rights), in and to the Astro Tak Platform, Wallet Services, Astro Tak Wallet or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Astro Tak Platform, Wallet Services or Astro Tak Wallet or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Astro Tak Platform or Astro Tak Wallet or use the Astro Tak Platform or Astro Tak Wallet to create a competing product. Unauthorized use of “Astro Tak” as a word, trademark, symbol, device mark or word mark, is strictly prohibited. All rights are expressly reserved by TVTN to use the brand of “Astro Tak” in all its forms and variations.
12. Disclaimer; No Warranties
13. Waiver and Release
The failure of TVTN to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by TVTN. To the maximum extent permitted by law, you waive, release, discharge and hold harmless TVTN, its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Astro Tak Platform or Astro Tak Wallet.
14. Consent to Electronic Communications and Transactions
By registering to use the Astro Tak Wallet, you consent to conduct Transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when TVTN sends an electronic communication to your e-mail address/mobile number as per our records, or when TVTN posts an electronic communication on the Astro Tak Platform. The pre-requisites for effective electronic Transactions and communications are as follows: (i) you must have access to the Internet through a broadband connection or mobile data or through any other applications; and (ii) you must have a valid e-mail address and mobile number. You can withdraw your consent for electronic communication at any time by contacting TVTN, but TVTN reserves the right to terminate your Astro Tak Wallet Account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify TVTN promptly if your email address, mobile number or other contact information changes by updating your account information or contacting TVTN.
15. Limitation of Liability
16. Dispute Resolution
If any dispute, controversy or claim arises under these T&Cs or in relation to a Astro Tak Wallet or the Astro Tak Platform, including any question regarding the existence, validity or termination of the Astro Tak Wallet Terms or the T&Cs in general or these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. This paragraph shall survive termination of these T&Cs.
17. Governing Law
Subject to the foregoing clause 16, you agree that any claim or dispute arising herefrom shall be subject to the exclusive jurisdiction of courts at New Delhi, India. These T&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.
If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Csto the minimum extent required, and the remaining provisions will remain valid and enforceable.
19. Customer Service
Any questions, comments or complaints related to your Astro Tak Wallet should be referred to Astro Tak customer care by email to firstname.lastname@example.org In compliance with Rule 11(2)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, T.V. Today Network Limited, New Delhi which owns and operates digital news platforms, including but not limited to ‘www.aajtak.in’ and ‘www.indiatoday.in’, has appointed the following person as the Grievance Officer and who will be responsible for redressal of grievances received by him in terms of the said Rules. The name of the Grievance Officer and the contact details are as follows:
Name: M.N. Nasser Kabir
Group General Counsel, India Today Group
TV Today Network Ltd.
India Today Mediaplex
FC 8, Sec. 16 A, Film City, Noida 201301
WhatsApp No.: 70424-89008
Before making a Grievance, complainants are encouraged to go through the above-mentioned Rules along with the self-regulating mechanism provided therein. The same can also be accessed at: Click Here
[Disclaimer: T.V. Today Network Limited is a member of the Digital News Publishers Association (DNPA). DNPA for and on behalf of its members including T.V. Today Network Limited has challenged the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the said challenge is pending before the Hon’ble High Court of Judicature, Madras in W.P. No. 13055 and 12515 of 2021. The present disclosure is made without prejudice to the said challenge.]