# Terms and Conditions of Use

These terms and conditions of use (hereinafter referred as “Terms of Use” or “Terms”) describe and govern the User’s use of the content and services offered by the website www.theastrobaba.com or through M/s BrahmandAI (hereinafter, “the Company”) (hereinafter referred to as “We”, “Us”, “Our” or “Website” or “TheAstroBaba”).

## UPDATION OF TERMS

Website may update, amend or modify these Terms of Use from time to time as it deems fit in accordance with applicable laws. The User is responsible to keep themself updated and shall check these Terms of Use periodically to remain in compliance with these Terms.

## USER EXPRESS CONTENT

(For the purposes of these Terms, you the User are hereinafter be referred to as “you”, “the User”, “Customer”). By accessing this Website and browsing it, you hereby affirm, agree and acknowledge that you have carefully read and understood these Terms unconditionally and give your express consent to these Terms of Use and that you are using this Website on your own volition without any form of coercion, inducement or influence whatsoever. If you do not agree with these Terms of Use, please immediately leave www.theastrobaba.com and do not use or browse on the Website any further.

You are advised to carefully read these Terms before proceeding with using this Website in any manner, including without limitation, accessing any content, material, information, services or purchasing any product on the Website. Your use and continued usage of the Website (irrespective of the amendments made from time to time) shall represent your acceptance of these Terms and your agreement to be legally bound by the same.

## GENERAL DESCRIPTION

The Website www.theastrobaba.com is an internet-based web portal having its existence on World Wide Web (and/or mobile application (as may be applicable) or other electronic medium) and provides information and content related to astrology, astrological predictions, data and reports (hereinafter collectively referred to as “Website Content”). By purchasing the reports sold on the Website, or by registering your email id or subscribing to our information emails, etc. as a special subscriber, you hereby agree that:

1. You will provide only current, complete, and accurate information including wherever required, your (or that of the intended Customer) birth details, contact information, etc. as and when prompted to do so on the Website.

2. You shall maintain and update the aforesaid required information submitted by you so that such information is accurate, current and complete in all respects. For any inaccurate, incorrect or wrong information inadvertently provided by you on the Website, you shall immediately upon knowing thereof, intimate the Website with your correct information as aforesaid.

3. The Website, the Company or its founders/directors/employees shall bear no liability whatsoever for any inaccurate, incorrect or wrong information provided by you on the Website in order to avail of the Website’s services or purchase of the Website’s products and you hereby unequivocally agree to indemnify www.theastrobaba.com, the Company or its founders/directors against any losses, suits, monetary claims or legal costs in relation to the foregoing arising out of such incorrect or inaccurate information entered or provided by you on the Website for availing the products or services of the Website or resulting from the breach of these Terms on your part.

## ELIGIBILITY OF USER

User represents that as a User or purchaser of the astrology reports or products of the Website, you are a person who can legally enter into binding contracts under Indian Contract Act, 1872. A minor under the age of eighteen (18) in most jurisdictions, is not permitted to avail the services provided on the Website without a legal guardian and in any case, you shall use the Website only in accordance with the applicable laws. The Website would not be held responsible for any misuse that may occur by virtue of any person including a minor, using the products or services provided through the Website.

The User agrees, understands and confirms that: (a) his/her/their personal data including, without limitation, the details relating to any banking information or bank debit card/credit card number, etc. transmitted over the Internet through verified banking or payment gateways channels are susceptible to online theft, misuse, phishing, hacking or fraud and the Website, the Company, its Directors/employees, etc. disclaim any/all liability, whether in law or in tort, in respect of the aforesaid events or incidents since they are completely beyond the control of the Website; (b) the Website or the Company including its employees, have never asked for any such personal banking information directly from the User and that any financial transactions undertaken by the User towards purchase of the astrological products or services of the Website are done through independent third-party banking payment gateway channels that have their own independent agreements and terms of use with the User, as per the RBI guidelines applicable to such third-party payment gateway service providers, without any involvement of the Website or the Company. The Website uses the services of only such payment gateway service providers that are recognized or authorized by the Reserve Bank of India or that are legally permitted to conduct such payment gateway services. User hereby disclaims the Website, M/s BrahmandAI, its founders/directors from any/all liability whatsoever in the event of suffering any such loss, online theft, phishing, fraud or any other such event resulting in loss to the User of any kind whatsoever, including monetary or otherwise. Further, in the unfortunate event of any such occurrence as mentioned aforesaid, the User bears the responsibility to take immediately and steps to inform the Website at the ‘Contact Us’ section about of such incident and User shall take all such immediate action(s) with the concerned authorities and keep Website informed of the same.

The Website does not permit the use of the Services by any User under the following conditions under which the Website, its founders/directors shall bear no liability whatsoever:-

1. If the User is a resident of any jurisdiction that prohibits the use of the products or services rendered by the Website;

2. If the User is a resident of any State/Country that prohibits by way of law, regulation, treaty or administrative act for entering into trade relations;

3. Due to any religious practices that prohibits or looks down upon the User using the Website;

4. If the User intends to use the products or services of the Website for any purpose other than entertainment purposes only.

## WEBSITE CONTENT

The Website and any individual Websites which may be available through external hyperlinks with the Website are all private property.

1. All interaction on this Website must comply with these Terms of Usage.

2. The User shall not post or transmit through this Website any material that violates or infringes in any way upon the rights of any third-party or any material which is found to be unlawful, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, which conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any law or tort.

The Website shall have a right to suspend or terminate access by such User as aforesaid or terminate the User’s email subscription and such User shall not gain access to the Website.

The Website reserves the right to terminate the access or to change or discontinue any aspect or feature of the Website including, but not limited to, products, reports, content, graphics, deals, offers, settings, etc. without any notice to the User, as it may deem fit and proper.

Any information provided in the content made available on the Website (including paid astrological reports or free information) or any such information made available on the Website including the content, promotional advertisements, etc., should not be construed as any form of medical, financial or legal advice of any kind whatsoever. For any medical, financial or legal advice or assistance required by the User, if any, the User should only seek advise of an appropriately qualified professional, be it in the health care, financial or legal professional as the case may be. for any diagnosis and treatment including information regarding which medications or treatment may be appropriate for the User. The Website and its content on the Website, including the products sold on the Website are purely for entertainment purposes only and shall be restricted to the said purpose. Any use of such product beyond the said entertainment purpose is to the liability of the User solely. User confirms, acknowledges and agrees that the Company, its Founders/Directors or the Website shall assume no liability whatsoever for any reliance by the User on the information provided on the Website or in the reports sold on the Website which is solely for entertainment purposes only.

The Website sells only information products related to astrology and how it can enhance the day-to-day needs of consumers of the Website and the Website does not take guarantee of results or miracles or any such effects the User may be mistakenly looking for. In the event of any untoward incident that may happen with the User after purchasing the products or reports on the Website, the liability for the same shall be with the User alone and not with the Company or the Website. The Company, Website, its founders/directors, etc. shall not be liable whatsoever and does not guarantee any results as expected by the User and accessing the Website in such scenario is purely at the risk of the User.

## LIMITATION OF LIABILITY

User understands and agrees that all the astrology products including astrology reports by the Website are provided on the User’s demand. Besides, the Website or the Company, assume no responsibility for availability (or lack thereof), deletions or failures to store any communications, astrology reports already sold and transferred to User’s given email address or any personal information provided by the User, in particular, but not by way of limitation, the Website reserves the right to delete any such information as described aforesaid including the User’s e-mail address or personal information as it may deem fit. Understanding of all the astrological predictions, guidance, advice and explanations given on the Website or on the astrology reports purchased by User on the Website are the responsibility of the User and the Website shall not be liable for any miscommunication or misunderstanding whatsoever and the User shall be solely responsible for any eventuality, if any arises. The Website, on behalf of itself and the Company, its directors/employees, etc., 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 Content or the astrology reports purchased by the User, the accuracy or reliability of any content obtained through the the Website or any goods purchased or obtained through the Website or any transactions entered into through the Website, and makes no warranty that the products and services of the Website shall meet your exact requirements, or that such products or services are 100% accurate, timely, secure or error free. User understands, acknowledges and agrees that astrology is not an exact science but a traditional system of making predictions that has been followed in India for centuries and this science is being made available to the User on this Website only for entertainment purposes and no other purpose. Thus, no advice or information, whether oral or written, obtained by you from the Website or from the information made available on the Website’s social media channels or the products of the Website shall be construed as any kind or form of warranty or guarantee whatsoever.

In no event will the Website, the Company or any of its directors, employees, etc. be liable for any losses, whether direct or 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 our Website, the astrology products or our privacy policy, or these Terms of Use (howsoever arising, including without limitation due to negligence or any other law or tort). Without prejudice to the foregoing, User confirms, agrees and acknowledges that the Website, the Company or its directors, employees, etc. shall not be liable for any damages arising out of or in connection with the use or the inability to use the astrology reports or products purchased on the website or the transactions entered through the Website including any loss attributed to unauthorized use of User’s data or information by any third-party not related to the Website.

## INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Website, the Company and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents (as the case may be) from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from User’s use of the contents or purchase of the astrology reports on the Website or User’s violation of the Privacy Policy or these Terms of Use, or User’s violation of any third party rights, including without limitation, infringement by the User or any party connected with the User of any intellectual property or other right of any third-party person or entity. These Terms of Use shall inure to the benefit of the Website, the Company, its directors successors, assigns, and licensees.

## COPYRIGHT AND OTHER PROPRIETARY RIGHTS

The Website, the brand ‘TheAstroBaba’, its logo, marks, trademarks, insignia, designs, astrology reports, astrological forecasts, advice or any such astrological information, including such the contents and intellectual property contained in the the astrology reports being sold on the Website and the free information and content made available on the Website (hereinafter “the Content”) are all owned by and belong solely to the Company and are the intellectual property of the Company, to which the Company holds and owns all worldwide intellectual property rights including proprietary rights, title and interest in relation thereto.

The use of the Website or purchase of the astrology reports by the User on the Website does not confer upon the User or entitle the User to any right, title or interest in respect of the Content or astrology reports in any manner whatsoever and shall not be construed as any form of transfer or assignment of rights under any circumstances whatsoever. The Company holds and owns the copyrights, design rights, trademark rights and other intellectual property rights of all the content, including that of the paid astrology reports on the Website. Any unauthorized copy, circulation (whether in the original format or any other electronic format or on the internet or social media) or unauthorized use of the said content of the Website (hereinafter collectively referred to as “unauthorized use”), including without limitation, any such unauthorized use of the Company’s aforesaid intellectual property shall be treated as an infringement of the Company’s intellectual property rights and shall render the User liable to paying liquidated damages, notwithstanding the Company’s rights to restrict and restrain the User from any further such use and User agrees and affirms that monetary damages to which shall not be the only adequate remedy in respect thereto.

## ARBITRATION; INJUNCTIVE RELIEF

Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms of Use or in relation to the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of the 1996 Act, and judgement on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the Website and the Company reserves the right to seek any ad-interim or preliminary relief or injunction from a court of competent jurisdiction in New Delhi in order to protect its rights pending the completion of any arbitration proceedings hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of New Delhi and the arbitration seat shall be New Delhi for any such proceeding. The Courts of New Delhi shall have exclusive jurisdiction over any/all disputes arising out of these Terms of Use.

## GENERAL PROVISIONS

These Terms of Use (including the Legal Disclaimer and the Privacy Policy) will be governed by and construed in accordance with the laws of India without giving effect to any choice of law principles that would require the application of the laws of any different country. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use or the Privacy Policy to be unenforceable or invalid, such provision shall be amended or changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law, and the remainder of the Terms of Use and the Privacy Policy, as applicable, shall continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by the representatives of the Website or the Company. These Terms of Use and the Privacy Policy constitute the entire agreement between the Website and the User with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter(s).

## DELIVERY

Astrology reports purchased by the User on the Website are delivered to the User’s provided email address within 48 hours from the time the required inputs are provided by the User. In the event of any inadvertent delays in relation thereto, the Website shall intimate the User of the expected time of delivery. Any such delay caused due to technical reasons shall not be construed as failure to deliver the astrology report purchased. Please check product page for exact delivery times.

The delivery time-frames displayed on the Website are approximate although the Website shall make every endeavour to strictly adhere to them. However, since these astrology reports are personalized, customized and manually prepared by our astrologers, sometimes human delays may become inevitable and at other times, technical errors owing to computer, email server, website server, etc. are possible. Minor delays which are considered reasonable will not be treated as a basis for refunds. Also, refund requests for incorrect data provided by the User will not be entertained under any circumstances after the User