User Agreement/ Terms of Use
1. Introduction:
These Terms and conditions governs your access of and/or use of the Website Astrofilly.com.in and/or all services related thereto offered by Astrofilly.com from time to time (“Astrofilly.com” “we,” “our” or “us”) which shall constitute a binding Agreement between you (the user/member) and such person, so please carefully read them before registering or accessing or using the Website. These terms of use are subject to change by Astrofilly.com at any time at its sole discretion. Your use of this Website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please read and consult these terms of use regularly.
By access and/or use of the Website you agree to and accept the terms of the User Agreement and/or Terms of Use and our Privacy Policy, which covers how we collect, use, share and store your personal and other information and contents like texts, photos, graphics, images etc (which are more particularly defined below) which you publish, upload, share etc. on Website.
If an individual is accessing and/or using the Website (“you”, “your” or “user”) then he/she is deemed to have accepted and shall be bound by these Terms and Conditions and if you are using it on behalf of any organization or Association of Persons or any other incorporated body (“entity”) then such an entity by such access and/or use is deemed to have accepted and shall be bound by these Terms and conditions and the individual accessing and/or using it on behalf of such entity warrants that he/she has the authority to bind that entity to these terms and conditions. In that case, “you”, “your” or “user” shall be referred to as such entity.
By creating a membership account being the [●] Astrofilly.com account you not only agree to become one of our member, but once again expressly agree to accept these Terms and you shall be bound by them unconditionally.
If you do not agree with these Terms, do not access and/or use the Website and/or register on the Website.
The User Agreement and/or Terms of Use along with the Privacy Policy are collectively referred to as “Terms of Service”.
By use and access of the Website, you agree to all the Terms of Service and are entering into a legal Agreement with us.
2. Listing and offering for Sale:
You may at your sole discretion List your car/s including new or used cars and/or other auto industry related products (“Product”) and/or services (“Services”) for sale on the Website and/or for providing information in respect thereof. We may also make available to you Product and/or Services offered by third parties.
You alone shall be responsible for the accuracy, authenticity, completeness etc. in respect of the Listing made by you and shall ensure that the same is neither false or misleading or deceitful etc. You shall ensure that the information together with the Listing provided by you is sufficient for any prudent person to make an informed decision while making any decision regarding such Listing and you alone shall be liable to update the same and ensure that the buyer is provided full, complete and updated information about your listing.
Astrofilly.com reserves a right to publish, unpublish, delete, block, moderate etc. partially and/or fully your Listing and/or any of your Content and/or complaints and/or feedback as Astrofilly.com in its sole discretion deems fit or necessary without being liable to justify any reason to any person/s including in the interest of fair trade, to avoid fraud and/or communication of any fake, inaccurate, incorrect or misleading data or information which may come to their attention and/or with a view to provide information which they may deem relevant.
Before making any Listing you shall ensure that you are the sole and exclusive owner and/or you have the necessary rights from the owner to List the Product and/or Services being Listed by you for sale.
You shall not List any stolen or Counterfeit Product or List any sub-standard Services or offer for sale Product or Services sale of which is prohibited or is unauthorized or restricted.
You shall not in any manner indulge in any price manipulation or sell or buy any Product or Services Listed on this Website in violation of the Terms of Service or any applicable law.
Astrofilly.com does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, pricing etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User and/or Product and/or Services that You choose to deal with on the Website and use Your best judgment in that behalf including but not limited all necessary information relating to the Product and/or Services like its usage, quality, damage if any, price, state of repairs, possible repair services, conditions relating to replacements of parts, genuineness, NOC from RTO and Police, pending litigation, adverse orders, encumbrances, traffic violation challans, status of FasTag, transfer charges, etc. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell Products or Services Listed thereon. Astrofilly.com is only providing a platform for communication and it is agreed that the contract for sale of any of the Products or Services shall be a strictly bipartite contract between the Seller and the Buyer. Astrofilly.com.in shall hence not be responsible for any non-performance or breach of any contract entered into between Users. Astrofilly.com.in cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. You shall independently agree upon the manner and terms and conditions for completion of sale or availing of any services and Astrofilly.com shall not be responsible or liable for the same in any manner whatsoever. Astrofilly.com.in shall not and is not required to mediate or resolve any dispute or disagreement between Users and accepts no liability for the same in any manner whatsoever.
While Selling on the Website your Listing shall only include text descriptions, graphics and pictures that describe your Product and Services and must be Listed in an appropriate category on the Website.
Soliciting business offline or outside of the Website, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the Listing or elsewhere on the Website (unless specifically permitted by Astrofilly.com shall be considered as a material breach of the Terms of Service. You shall not List such Product and Services which you are not able to supply or provide in a timely manner.
The listing description of the car must not be misleading and must describe actual condition of the product. If the car description does not match the actual condition of the car, you agree to refund any amounts that you may have received from the buyer. If you List any Product and/or Services you shall certify that all information provided by you against your Listing are true, correct and accurate. Individual seller can list one car at a time and needs to make Astrofilly.com.in and/or the buyer aware of its timely status and all necessary updates in this regards.
If your Product or Services do not match the actual condition of the Product or Services as described by you, in that event you agree to refund any amounts that you may have received from the Buyer.
3. Buying Services and/or Products:
You shall not impersonate anyone or provide any false details or information both personal or otherwise when indicating your interest to buy or buying any Product and/or Services on the Website.
Product and/or Services listed on Astrofilly.com.in for sale may be purchased by individuals for own use only. Purchaser thereof by any dealers, brokers, or any other entity for third party use by way of sale or lease or hire purchaser is strictly prohibited and would constitute breach of the terms and conditions of Astrofilly.com.in. unless express prior written permission of Astrofilly.com has been obtained for the same and subject to such terms and Astrofilly.com shall impose for the same.
It is not permitted to submit a lead or to inquire about any Listing on Astrofilly.com.in for any other purpose other than contacting the seller with the intent of purchasing the vehicle as per terms hereof. Among others, it is not permitted to submit a lead or to inquire about any Listing on Astrofilly.com.in by any type of user, including but not limited to individuals, dealers, brokers, or other business entities, for purposes of data gathering, data mining, relisting on another site, brokering, match-making with other buyers, or purchase for resale.
4. Fee:
Astrofilly.com shall have the right to charge a Listing fee and all other related charges as may be applicable to you as determined by Astrofilly.com from time to time (“Fee”) such Fee shall be exclusive of all applicable taxes, which taxes shall be borne by your additionally and you hereby indemnify Astrofilly.com against all claims in this regards. Based on the nature of Listing Fee shall be charged to you either as stated on the Website which is hereby incorporated by reference in these terms or as intimated by Astrofilly.com to you at the time of such Listing. Hence please ensure you review and make yourself aware of Fees as may be applicable to you, thereby making an informed decision regarding Listing on the Website. The Fees are subject to change. JanatCar may also offer credit however the same is discretionary and may not be available to all users of the Website including you. Hence you are requested to periodically review Astrofilly.coms Fees and Credit Policy if any.
Astrofilly.com shall endeavour to offer varied Product and Services from the auto industry to the User either through itself or any third party good and/or service provider and/or other users of the Website and shall accordingly post or permit posting of such offers from time to time. Any and/or all such offers may be newly added, updated, altered, modified, withdrawn partially or fully at any time by Astrofilly.com in tis sole discretion. The User is hence required to keep itself updated or all such offers and Fees for the same which may also be modified from time to time and the same shall be binding upon the User immediate upon the same being posted on the Website. Failure to make timely payment of Fees as applicable to the User shall amongst others result in the User’s Account being suspended and/or terminated as Astrofilly.com may in its sole discretion determine.
5. Your Obligations:
5.1.Applicable laws and this Agreement:
You will comply with all the applicable laws as amended from time to time that apply to you in respect of use of the Website. If any law restricts your use to the Website then you will not be authorized to use the same and if used against the applicable law then you are solely responsible for your activities and indemnify us against all claims in this regards.
5.2.License and warranty
You / User are the author and/or First owner of your data, information, images, work etc. you publish in your Account or on the Website about yourself, the Products and/or Services you list and the details and/or information you provide for the same or any information, data, comment, feedback, complaint etc. provided by you (“Content”) and/or have acquired rights in respect thereof and/or all Intellectual Property Right thereto including copyrights therein vest in you. We claim no ownership in the Content that you upload on your Astrofilly.com Account.
You grant us a worldwide, non-exclusive, perpetual, transferable, fully paid up and royalty-free license (with the right to sublicense, to use for all purposes as deemed fit by us including but not limited to by way of commercial exploitation, promotional use etc.,) to store, archive, copy, reproduce, process, adapt, crop, modify, publish, transmit, perform, display, distribute, right to us to copy, prepare derivative works or abridged version of such Content in any and all media, improve, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly by submitting, posting or displaying or otherwise making available the Content and/or uploading the content on or through the Website. We have the sole right to perform the above-mentioned activities without any further consent, notice and/or compensation to you or to any third parties.
Pursuant to this license, Astrofilly.com may grant other Users and/or Visitors access to and share your content and information in accordance with this User Agreement and Privacy Policy.
You agree to upload, publish or post only that Content which is your original work i.e. which you have created yourself or in respect whereof you are the first owner or wherein you have right to upload, publish or post on your Astrofilly.com Account including right to grant the same to us and other users in the manner provided herein. This condition shall apply to all content published by you in your Astrofilly.com Account.
You may also use the Astrofilly.com Account to List as per terms hereof and/or avail various services and/or products offered if any by Astrofilly.com and/or other users of the Website.
We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to your User Content and/or information provided by you at the time of Registration and/or Listing including such further information updated and modified by you from time to time.
You expressly represent and warrant that your content does not infringe Intellectual Property Right of any person or persons living or dead and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights .
You shall be solely responsible for any content that you post, submit, display, upload and transmit on your or any other users Astrofilly.com Account and for the consequences or any loss or damage arising thereof.
Please note that the content you post, submit, display, upload on your Astrofilly.com Account shall be viewed, downloaded, used, edited etc. by all the other users of Astrofilly.com who are granted access to your Astrofilly.com Account by you for their limited personal use and you hereby grant them limited world wide non-exclusive, perpetual, royalty free and non-transferable license for the same.
Please note that similarly you shall have limited world wide non-exclusive, perpetual, royalty free and non-transferable license for personal use only over content to which access has been granted to you for use by other users of the Website Astrofilly.com.
5.3.Service Eligibility
Astrofilly.com does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to create a Astrofilly.com account with us. The Website and its content are not directed at children under the age of 18. In the event that we are provided with sufficient proof or we carry or we come across sufficient proof to the effect that proved that we have collected personal information from a child under age 18 without parental consent, we will delete that information as quickly as possible. If you believe that we might have collected any information from or about a child under the age of 18, please contact us.
You are of Legal age to form a binding contract and if not then you have gotten your parents and or guardians to agree to the same on your behalf. You must be at least 18 years old to use the Service.
You represent and warrant as under:
• You are atleast 18 years old or above
• You shall maintain only one account at any given time
• You shall provide true and correct information to us
• You have not violated any third party rights or any applicable law
You shall not solicit Personally Identifying Information from anyone under 18 years of age;
5.4.Your Profile Information
You are solely responsible for maintaining the confidentiality of your Astrofilly.com Account, your user ID, your password and all your other login information and you are fully responsible for all activities that occur under or in your Astrofilly.com Account.
You shall not transfer or assign your account to anyone else. You shall not share your user ID, your password and all your other login information with anyone. You shall not use others accounts.
We cannot and shall not be liable for any loss or damage arising from your failure to comply with the above requirements or conditions or any unauthorized access or use of your Astrofilly.com Account including but not limited to by way of hacking.
To close your Astrofilly.com Account at any time, for any reason, please visit [●].
5.5.Indemnification
You agree to indemnify and hold us (and our officers, employees, affiliates and agents) harmless and indemnified absolutely and forever, from any claim or demand or damages or liability or other consequence claim / made by any third party including costs and attorneys’ fees, due to or arising out of:
Your use of the Website including any content of any other user from the Website,
Your User Content and information provided by you at various stages in creating , modifying and updating your account from time to time
Your violation of the Terms and Conditions of the User Agreement, Privacy Policy; and/or
Your violation of applicable laws or regulations.
You sharing with us or any Visitor or any third party though this Website any sensitive personal data or information as defined in Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
Astrofilly.com reserves the right, at its sole discretion and at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You shall be liable for all losses, damages arising out of your use of the Website.
Notwithstanding what is stated elsewhere in the Terms of Service, if you breach any of the Terms of Service or any other documents it incorporates by reference, Astrofilly.com reserves the right to recover any damages and amounts due and owing by you to Astrofilly.com and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
5.6.Notify us of acts contrary to the Agreement
You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Astrofilly.com Account or any other breach of security.
5.7.Notifications and Service Messages
By signing in and creating a Astrofilly.com account you agree to the receipt of email messages relating to various communications like account verification/s, changes/updates of features of the service, technical and service security notices and other service related issues including offers which you may find of interest, information on new products, information of promotional offers etc. through your Astrofilly.com account or through other means including email, mobile number, telephone, or delivery services including the postal address that you provide us not only from us but also from our group companies or associates and also from our current and future third party associate partners (including but not limited to financial partners and several automotive partners) regardless of your DNC or DND status based on you acceptance of these Terms of Service.
We may also send promotional and/or marketing messages to you on your email account provided by you at the time of registration or messages on your mobile device including push notifications or any other means and modes now known or hereinafter invented.
You may change your email address any time by signing into your Astrofilly.com account.
In any event we shall have no liability associated with or arising from your failure to do or to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Website.
5.8.Astrofilly.com Websites
The Terms of Service applies only to the Website Astrofilly.com.
5.9.User-to-User Communication and Sharing
When you submit, post or display or otherwise make available the Content and/or information about yourself and/or upload the content on or through the Website, other users of the Website can view, copy and / or use that content and/or information about yourself.
As stated above pursuant to license, Astrofilly.com may grant other Users and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings for them. All the contents and information which is posted by a User may be viewed by a user and/or visitor. Apart from the above, your comments, observations and various updates can be viewed and/ or used by others. Astrofilly.com in its sole discretion may delete the content and information provided by you that violates this Agreement or other Intellectual Property Rights. The same can also be used by other Users and hence if you have any content or information which you do not wish to share with others or keep them confidential or do not wish others to use it including or (subject to third party right which may be infringed by sharing) please do not post it to your Astrofilly.com Account as we are not responsible for any misuse or misappropriation of any content or information that you post on your Astrofilly.com Account.
5.10. Privacy
Please see our Privacy Policy as applicable to you, which is available here _____.
5.11. Your Contributions
By providing your valuable feedback regarding our Website you agree that we are under no obligation of confidentiality expressed or implied with respect to your content and/or information provided to us from time to time. We are entitled to use and disclose all the contents and information for any purpose in any way in any media now known or invented in future throughout the world. You, irrevocably provide us a non-exclusive royalty free license to exploit the content. You are not entitled to any compensation, reimbursement of any kind under any circumstances.
6. Your Rights:
All patent, trademark, copyrights, data base rights, other intellectual property rights of any nature in the Website of Astrofilly.com and all the services related thereto together with the underlined copyrights, source code, programme etc., are owned by Astrofilly.com by permitting to use this Website, no rights therein of any nature whatsoever in the Website of Astrofilly.com is being granted or transferred to you except the limited rights to use and access the Website as per the Terms of Service. The use of the Website is on the condition that you shall comply with your obligations under this Agreement including but not limited to the ‘dos’ and ‘don’ts’ as listed hereinafter. By making available the Website we grant you a limited, revocable, non-exclusive, non-assignable, non-sub-licensable license and rights to access the Website. Any other use of the Website contrary to the Terms of Service and the purpose as stated herein is strictly prohibited and any violation in respect thereof would amount to infringement of this Agreement.
7. Our Rights & Obligations:
7.1.Website availability
We shall use our best endeavors to continue to offer the Website from time to time update and improve the Website, but we are under no obligation to continue the Website and we shall not be held liable for the non- continuance thereof. We reserve our right to withhold, remove and/or discard any content and information posted on your account with or without notice if required. Further, we are under no obligation to store and/or maintain any content or information that you or other users upload on your account as we may be required under local laws to remove certain information or content so that we do not violate the applicable laws of the land.
7.2.Third Party Content, Sites and Developers
You may be exposed to third party content or information that may be inaccurate, misleading, illegal, incomplete, offensive or harmful. You accept and acknowledge that we shall not be responsible for such content or information or any kind of damage or loss that may have incurred to you as a result of use of such content or information. You shall solely be responsible for evaluating whether you wish to accept or use a third party Website. You should review all the applicable terms and the Privacy Policy of such use before using it or sharing any information to it because you may give third party permission to use the information in ways we would not know. Astrofilly.com is not responsible nor does it endorse any feature, content, advertising product or any other material available on the Website. The use of the Website is entirely at your own risk and based on an informed decision made by you independently and you agree that the use of Website or any other platform link of which is provided on the Website on ‘As is Where is’ basis without any warranty of any nature whatsoever including for any Product or Service from any person/s including Astrofilly.com. Please note that if you allow any third party to authenticate and connect with your Astrofilly.com account that Website or such use and access of information on Astrofilly.com account related to you and your connection, we shall not be responsible for any damage, loss or any consequences thereof for the same.
7.3.Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information including content which you provide in accordance with the terms of the Privacy Policy if required to do so by law or in good faith and belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal proceedings, court orders or other compulsory disclosures; (2) enforce this Agreement and the Privacy Policy; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of the Website, our users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.
7.4.Connections and Interactions with other Users:
You are solely responsible for your interactions with other Users. We may limit the number of connections which you may have with other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Website or otherwise limit your use of the Website. We reserve the right, but have no obligation, to monitor disputes between you and other users and to restrict, suspend or close your account if we determine, in our sole discretion, that doing so is necessary to enforce this Agreement and you shall in such an event not access the Website till such suspension continues.
7.5.Intellectual Property Notices
The Website includes the copyrights and Intellectual property rights of Astrofilly.com and except for the limited license granted to you as stated hereinabove, we reserve all the intellectual property rights in the Website including but not limited to logos, trademarks, service marks, graphics and logos used in connection with the Website.
8. Disclaimer:
WARRANTY AND DISCLAIMER:
Your use of the Website is at your own sole and exclusive risk, we have not in any manner solicited you to use the same or submit or upload any content therein.
The Website is being made available to you on an “As Is” and “As Available” basis and consequently, we give no warranties of any kind, whether express, implied, statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose or otherwise including warranties or representations that the material / Content is complete, accurate, reliable, timely, non-infringing to third parties, that access to will be un-interrupted or error-free or free from viruses, or that this Website will be secure.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.
We reserve the right to restrict, suspend or terminate, without notice, your access to the Website or any feature thereof or part thereof at any time without assigning any reason.
We may discontinue, modify or amend any feature of the Website without prior notice or without assigning any reason as we may in our sole discretion deem fit.
Astrofilly.com does not make any representation or Warranty as to specifics (such as quality, value, saleability, including pricing of the Product and Services etc.) of the Products or Services proposed to be sold or offered to be sold or purchased on the Website. Astrofilly.com does not implicitly or explicitly support or endorse the sale or purchase of any Products or Services on the Website. Astrofilly.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Price of car stated by Astrofilly.com may vary based on location, seller etc. The price may be obsolete.
Price stated by Astrofilly.com are OEM price and may vary based on certain event including certain festivals, month of sale etc. The Prices may not include cost and expenses relating to taxes, RTO charges, Fast-tag charges, insurance, AMC charges, service charges, finance charges, discounts etc.
9. Limitation of Liability:
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER INCLUDING THOSE ARISING FROM OR IN CONNECTION WITH THE ACCESS AND USE OF INFORMATION, DATA OR RECOMMENDATION OR VIEW PRESENTED ON THE WEBSITE, USE OF OR THE INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY CONTENT RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY OR THE LIKE WHETHER OR NOT IN THE CONTEMPLATION OF THE AGREEMENT ARRIVED AT HEREIN, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE OR RELATING TO USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. Termination:
10.1. Mutual rights of termination
We reserve our right to terminate this Agreement or your use and/or access to the Website for any reason without notice at any time without incurring any liability to you. If we terminate your use and /or access to the Website, your account content and all other data will no longer be accessible to you through your account.
10.2. Misuse of the Services
On any violation or misuse of Terms of Service, we may at our own discretion terminate your Astrofilly.com account. You understand and agree that we cannot be responsible for the content and /or information posted by you and the same is at your own risk. If you violate the Terms of Service or otherwise create any risk or possible legal exposure for us we will stop providing you access of all or part of the Website to you. Misuse of the Website means violating the ‘dos’ and ‘don’ts’ as stated herein below which shall include violation of applicable law, infringement of Intellectual Property Rights.
10.3. Effect of Termination
Upon termination of your Astrofilly.com account, you shall not access the Website and all the licenses and rights granted to you in the Terms of Service will immediately cease.
11. Dispute Resolution:
11.1. Law and Forum for Legal Disputes
CONTROLLING LAW AND JURISDICTION:
These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
Disputes arising from here from shall be exclusively subject to the jurisdiction of the courts of Mumbai.
The User hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use and/or access of Website or any of the Terms and Conditions set out therein.
Any cause of action you may have with respect to your use and/or access of this Website must be commenced within one (1) year after the claim or cause of action arises.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable. We make no representation that Contents and information on the Website are appropriate or available for use at other locations outside of India and access to them from territories where their contents are illegal is prohibited. If you access this Website and/or use Services from a location outside India, you are responsible for compliance with all local laws.
12. General Terms:
12.1. Severability
Here are some important details about how to read the Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
12.2. Notices and Service of Process
If you desire to contact us for any reason, please email us at the following address or email us at:
_____________________________________
12.3. Entire Agreement
The Terms of Service constitute the entire Agreement between the User and us governing your use and/or access to the Website.
12.4. Amendments to This Agreement
We reserve the right to restrict, suspend, terminate, modify, supplement or replace the terms of this Agreement without notice for use and access of the Website. Continued use of this Website indicates an acceptance to the terms hereof and any subsequent changes that may be made from time to time. Astrofilly.com recommends that the User / Visitor re-visits the Terms of Service from time to time to understand and be fully aware of the user policy of this Website.
12.5. No informal waivers, Agreements or representations
Failure to enforce any provisions of the Terms of Service will not constitute a waiver. If any provisions of the Terms of Service are found un-enforceable the balance terms of the service will remain in force and in effect.
12.6. No Injunctive Relief
You waive your rights to try to stop Astrofilly.com, but we don’t waive our rights to ask a court to stop your actions.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of the Website, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Website or any content or other material used or displayed through the Website.
12.7. Assignment and Delegation
You can’t assign your rights under this Agreement, but we can.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.
13. “DOs” and “DON’Ts.”:
As a condition to access the Website, you agree to this User Agreement and the Privacy Policy and to strictly observe the following DOs and DON’Ts:
13.1. Do undertake the following:
Here’s a list of some of the specific things we ask you to do and not do on your Astrofilly.com Account.
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with our Privacy Policy;
Review and comply with notices sent by Astrofilly.com concerning the Website;
Use the Website in a professional manner; and
Use your real name on your profile.
13.2. Don’t undertake the following:
The content and information you post, submit, display, upload and/or transmit on the Website shall not violate any law of the land and shall:
not include any obscene or nude photos, images, videos or material that an individual might find offensive, indecent and/or objectionable and shall not be libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
not advertise any Products and/ or Services, solicit users to buy any Products/ Services, Sell Product or Services, or seek donations of any kind, without first obtaining the express written approval of Astrofilly.com.
not infringe or violate any patent, copyright, trademark, trade secret or other property right;
not breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship;
not be of such a nature that a reasonable person would consider it harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
not constitute a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech;
not violate or encourage others to violate any applicable law, statute, ordinance or regulation;
not promote software or services that deliver unsolicited e-mail;
not contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
not provide any telephone numbers, last names, URLs or email addresses of other persons;
not harm minors in any way;
not solicit Personally Identifying Information from anyone under 18 years of age;
not provide false or deceptive information;
not delete, add or otherwise change other persons entries or other persons Content when you have not been granted the privileges to do so you will not publish or offer any contest, giveaways, sweepstakes on Astrofilly.com; or
not include any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation. This prohibition includes but is not limited to (a) using Astrofilly.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Astrofilly.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases or group aliases;
not allow usage by others in such a way as to violate these Terms and Conditions of the User Agreement.
Apart from the above you shall not:
Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address or other information that is confidential in nature;
Create a profile for anyone other than a natural person;
Harass, abuse or harm another person, including sending unwelcomed communications to others using Astrofilly.com;
Invite people you do not know to join your network;
Use or attempt to use another’s account or create a false identity on Astrofilly.com or impersonate any other person/s;
14. Complaints Regarding Content Posted on the Website:
You may report violation or any misuse of the Website or Terms of Service including objectionable content or behaviour to us at contact@Astrofilly.com.in or through the contact us page found here.
15. How to Contact Us:
If you have questions or comments about this User Agreement and/or Terms of Use, please contact us online or by physical mail at 405 Varsova Savera CHS LTD, J P Road, Near Picnic Cottage, Andheri West, Mumbai – 400061. Maharashtra, India.
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