Tevatalk

Terms & Conditions

These terms and conditions of Use (hereinafter referred as “Terms of Usage” and/or “TOU”) describe and govern the User’s use of the content and services offered by Aindri Scienceveda Private Limited a company incorporated in India under the Companies Act, 2013 and having its registered office at 104 A Bal Vihar Colony, Kalwar Road, Jhotwara Jaipur-302012, through www.tevatalk.com and the mobile application on Android and iOS Platforms ‘TevaTalk’ (together “Platform”) (hereinafter referred as “We” “TevaTalk” “us” “our” “TevaTalk application” “Website/App”).

1.Acceptance of Terms

By downloading and/or by registering or signing up for TevaTalk Services, or otherwise having access to, receiving, and/or using the TevaTalk Platform, you acknowledge to have read, understood and consented to be governed and bound by these Terms of Use and the Privacy Policy. If you do not accept or agree to any part of these Terms of Use or the Privacy Policy, your usage of the Services will be terminated.

2. Using the Service

The User of the Website/App must be a person who can form legally binding contracts under Indian Contract Act, 1872. A minor under the age of eighteen (18) in most jurisdiction, are not permitted to avail the services provided on the Website/App without a legal guardian in accordance with the applicable laws. The Website/App would not be held responsible for any misuse that may occur by virtue of any person including a minor using the services provided through the Website/App. For the User to avail the services, the User will be directed to Register as a Member on the Website/App whereby You (User) agree to provide update, current and accurate information while filling up the sign-in form. All information that you fill and provide to the Website/App and all updates thereto are referred to in these Terms of Usage as “Registration Data“. An account could be created by you through the Website/App ID (Your Phone Number) and password (OTP) or other log - in ID and password which can include a facebook, gmail or any other valid email ID. The User while creating an account hereby represents and warrants that all the information provided by the User is current, accurate and complete and that the User will maintain the accuracy and keep the information updated from time to time. Use of another User’s account information for availing the services is expressly prohibited. If in case it is found that the information so supplied on the Website/App is inaccurate, incomplete, untrue and not current, the Website/App has the right to suspend or terminate the User’s account and restrict/refuse the use of the Website/App by such User in future. The right to use this Website/App is personal to the User and is not transferable to any other person or entity. The User would be responsible for protecting the confidentiality of User’s passwords and other information required for the purposes of registration. The User would be fully responsible for all the activities that occur under the User’s account with the Website/App. The Website/App cannot and will not be liable for any loss or damage arising from the User’s failure to maintain secrecy and confidentiality. The User shall notify the Website/App immediately if they become aware of any unauthorized use of their Account(s) or breach of any security. The User must log out from its account at the end of the session. The User while availing any service shall be informed whether the service so rendered is personal to the Website/App or is available from a Third party. The Website/App shall have no control or monitoring on the information disseminated to any third party via the Website/App. The User agrees, understands and confirms that his/ her personal data including without limitation to details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the Website/App or the Payment Service Provider(s) have no control over such matters. Software Updates: By downloading, installing or using Our Services, you agree to receive automatic software updates (as applicable). The Website/App does not permit 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/App.

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 or/and

Due to any religious practices.

If the User has created multiple accounts using various mobile numbers. The User may not have more than one active account with the Website/App.

3.User Conduct

I. By using the Platform, you represent and warrant that:
a. you have fully read and understood the Terms of Use and Privacy Policy and consent to them;
b. you will ensure that your use of the Platform and/or Services will not violate any applicable law or regulation;
c. you have no rights in, or to, the Platform or the technology used or supported by the Platform or any of the Services, other than the right to use each of them in accordance with these Terms of Use;
d. you will not use the Platform or the Services in any manner inconsistent with these Terms of Use or Privacy Policy;
e. you will not resell or make any commercial use of the Services or use the Services in any way that is unlawful, for any unlawful purpose, or in a manner that your use harms us, the Platform, or any other person or entity, as determined in our sole discretion, or act fraudulently or maliciously;
f. you will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
g. you will not transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise damage, disable, overburden, impair or compromise the Platform, our systems or security or interfere with any person or entity's use or enjoyment of the Platform;
h. you will not post, publish or transmit any content or messages that (i) are false, misleading, defamatory, harmful, threatening, abusive or constitute harassment (ii) promote racism, entail hateful slurs or promote hateful behavior, associate with hate groups or any violence towards others including terrorism or self-harm or suicide or harm against any individual or group or religion or caste, (iii) infringe another's rights including any intellectual property rights or copyright or trademark, violate or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability, or (iv) depict or encourage profanity, nudity, inappropriate clothing, sexual acts, sexually suggestive poses or degrade or objectify people, whether in the nature of a prank, entertainment or otherwise.
i. you will not promote the use of explosives or firearms, the consumption of psychotropic drugs or any other illegal activities;
j. you will not disparage, make false or malicious statements against us or in connection with the Services or the Platform;
k. you will not interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
l. you will not bypass any measures we may use to prevent or restrict access to the Services;
m. you will not run any form of auto responder or “spam” on the Platform;
n. you will not use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services;
o. you will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service, except as expressly authorized by us;
p. you will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
q. you will not jeopardizes the security of your User ID, Account or anyone else’s (such as allowing someone else to log in to the Services as you);
r. you will not attempts, in any manner, to obtain the password, Account, or other security information from any other user;
s. you will not impersonates or misrepresents your identity or your association with any person or entity;
t. you will not identifies any individual (including by way or name, address, or a still picture or video) under the age of 18, or identifies any individual over the age of 18 without that person’s consent to being identified in exactly that way;
u. you will not collects or stores any Personal Data from the Services from other users of the Services without their express permission;
v. you will not copies or stores any significant portion of the Content A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

4.FEATURE “CALL/CHAT WITH ASTROLOGER”

The Website/App is providing certain service which is available through the medium of telecommunication/Internet calling and Chat with the Astrologer listed and enrolled with the Website/App. By agreeing to the present Terms of Usage, you are also giving your unconditional consent to the Website/App to arrange a call with you on your mobile number even though your number is on DND service provided by your mobile service provider

5. CONTENT

The Website/App and any individual Website/Apps which may be available through external hyperlinks with the Website/App are private property. All interaction on this Website/App inclusive of the guidance and advice received directly from the Licensed Provider must comply with these Terms of Usage. The User shall not post or transmit through this Website/App any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. The Website/App shall have a right to suspend or terminate access by such User or terminate the User’s registration and such User shall not gain access to the Website/App. The Website/App reserves the right to terminate the access or to change or discontinue any aspect or feature of the Website/App including, but not limited to, content, graphics, deals, offers, settings, etc. Any information other the guidance and advice, received directly from the Third-Party Service Provider, the educational, graphics, research sources and other incidental information on the Site, the content, should not be considered as medical advice. The Website/App does not take guarantee regarding the medical advice, if provided, by the third-party service provider inclusive of registered astrologers with the site. The User should always talk to an appropriately qualified health care professional for diagnosis and treatment including information regarding which medications or treatment may be appropriate for the User. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. TevaTalk does not endorse any specific tests, medications, products or procedures. The Website/App does not take guarantee of any untoward incident that may happen with the User after seeking the Service. The Website/App or the Service Provider providing the advice is not liable and does not guarantee any results as expected by the User and accessing the Website/App in such scenario is purely at the risk of the User. By using the Site, Application or Services, User hereby agrees that any legal remedy or liability that you seek to obtain for actions or omissions of other Members inclusive of the service provider registered with the Website/App or other third parties linked with the Website/App, shall be limited to claim against such particular party who may have caused any harm. You agree not to attempt to impose liability on or seek any legal remedy from the Website/App with respect to such actions or omissions. Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. We aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain links or connections to third-party Website/Apps or services that are not owned or controlled by us. When you access third-party Website/Apps or use third-party services, you accept that there are risks in doing so, and that TevaTalk is not responsible for such risks. TevaTalk has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party Website/Apps or by any third party that you interact with through the Services. In addition, TevaTalk will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party Website/App or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party Website/App or service.

6. DELIVERY, CANCELLATION AND REFUND

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 the Website/App 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 customer care team within 1 (one) day of making the payment, whereafter it is totally at the discretion of the Website/App whether to issue refund. Any technical delay or glitch reported in the Website/App during the processing of the request which includes generating reports by the service provider i.e. Astrologer shall not be eligible for claiming refund. The User agrees that the timelines are approximate and all essentials steps would be taken to adhere to the timelines as displayed. No refund shall be processed for the reason that in-correct information or data has been provided by You. The User agrees to be careful while providing any information to the Website/App and must re-check the information filled before clicking on “Submit”. The User can request for change in the in-correct information or data entered provided, the request for such change will be taken prospective and Website/App will not be responsible for any damage or loss due to wrong information provided based on which the service rendered by the service provider. No refund shall be processed for return of any damaged product. The User undertakes and agrees that by ordering any product as displayed on the Website/App, the Registered User shall be fully responsible for any damaged caused to the product, post its delivery. For orders made via “Cash on Delivery” method of payment, the User shall be charged for the cost of the product as displayed by the Website/App and the shipping/custom/courier charges as applicable, if the product is returned. Refund on pro-rata basis may be considered for any delay in the activation of the subscription services and any damage that may be caused to the product while in transit shall be dealt by the Website/App and its agencies. You agree that the display picture for the products listed for purchase by the User are for reference purpose only and the Website/App will try to deliver the product ordered in an as-is condition as displayed on the Website/App. The User is advised to exercise discretion in such case and no refund shall be issued on such grounds. The services offered and the products sold are strictly not meant to replace any philosophical, emotional or medical treatment. The Website/App holds no responsibility or liability about the reality or reliability of the astrological effects on the human physiology, by the gems represented and sold on the Website/App. The placing of order for buying such products or taking the services is solely on the discretion and will of the User and the Website/App does not have any responsibility upon the products sold. The User is advised to exercise discretion in such case and no refund shall be issued on such grounds. No refund shall be processed for providing a wrong contact number for the purpose of availing the “Call with Astrologer” and/or “Chat with Astrologer” feature. The User once opted for this feature is advised to keep the Contact Number in full coverage area and must answer the call when received. No refund shall be processed for any call which gets connected. The refunds, if any, shall be processed after deduction of the transaction charges levied by the Bank and/or the Payment Gateway, to & fro cost of the shipping and/or courier charges (With regard to purchase of a product listed on the Website/App), customs duty (if levied) and/or any other charges that may have been incurred by the Website/App during processing and/or delivering the service, as applicable. In case the Website/App or Payment gateway’s webpage, that is linked to the Website/App, 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/App via customer care to confirm payment. In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment. However, refund for multiple payment, if any, even after the above precaution against the same order shall be refunded in full without deduction of the transaction charges as mentioned above. The Website/App shall only retain the cost of one single order as intended to be placed by the User. If there are orders that the Website/App is unable to accept and must cancel, the Website/App at its sole discretion, reserves the right to refuse or cancel any order for any reason whatsoever. Some situations may result in the order being cancelled and include, without limitation, non-availability of the service, inaccuracy, error in pricing information or other problems as identified. If the User’s order is cancelled after charges being paid against the said service, the said amount paid for booking shall be refunded. In all cases you must provide current, complete and accurate information for your billing / payment / refund account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above. All sales of the Paid Services are final. Any refunds or discounts are based on our discretion and are handled on a case-by-case basis. If you purchased the Paid Services through our Site, you may request a refund by sending your receipt from the Payment Processor by following the instructions on our Help Center and if approved, we may provide you a refund. If you purchased the Paid Services through an App Store, you must contact the App Store directly to request a refund.

4.FEATURE “CALL/CHAT WITH ASTROLOGER”

7. USER OBLIGATION

The User (inclusive of the astrologer and the Member Customer) under an obligation not to violate the privacy policy, terms and conditions and any other terms as defined on the Website/App. The User represents that he is an individual and not a corporation or other legal business entity. The rights to use the Website/App’s services is personal to the user. The user shall while using the Website/App and engaged in any form of communication on any of the forums inclusive of the products listed on the Website/App shall not violate the terms and conditions which are inclusive of:- The User shall not Post, publish or transmit any messages that is false, misleading, defamatory, harmful, threatening, abusive, harassing, defamatory, invades another's privacy, offensive, promotes racism, hatred or harm against any individual or group or religion or caste, infringes another's rights including any intellectual property rights or copyright or trademark, violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability. The User shall not upload or post or otherwise make available any content that User do not have a right to make available, under any law or under contractual or fiduciary relationships. The User shall not upload or post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. The User may, however, post excerpts of copyrighted material so long as they adhere to Fair Use guidelines. The User shall not collect screen names and email addresses of members who are registered on the Website/App for purposes of advertisement, solicitation or spam. The User shall not send unsolicited email, junk mail, spam, or chain letters, or promotions or advertisements for products or services. The User shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another’s computer. The User shall not engage in any activity that interferes with or disrupts access to the Website/App The User shall not attempt to gain unauthorized access to any portion or feature of the Website/App, any other systems or networks connected to the Website/App, to any of the services offered on or through the Website/App, by hacking, password mining or any other illegitimate means. The User shall not violate any applicable laws or regulations for the time being in force within or outside India. The use and continuous use of the Website/App is subject to but not limited to using the services for personal use. The User shall not resell or make any commercial use of the Services without the express written consent from the Website/App. The User shall not violate these Terms of Usage including but not limited to any applicable Additional terms of the Website/App contained herein or elsewhere. The User shall not Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website/App. The User by becoming a Registered member of the Website/App agrees to the following situations, which list is not exhaustive and may include services incidental to the below mentioned: - The User agrees to receive certain specific emails and SMS alongwith calls from the Website/App. The User agrees not to transmit via the Website/App any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. The User not to transmit any material that encourages conduct that could constitute a criminal offense, 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 are prohibited. The User shall not interfere with any other members' use or enjoyment of the Website/App or Services. The User is under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or anything which is in violation of this Agreement, you shall forthwith report such violation to Website/App by writing to Customer Care. On receipt of such complaint, Website/App may investigate such complaint and if necessary, may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of the subscription fee. Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee. The Website/App 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. While the Website/App shall take all steps to resolve any situation that is in violation of the above obligations arises, however if the situation is not controllable, the Website/App reserves its right to send a written warning henceforth. Such violations, if repeated by the User, shall lead to a total ban for transacting on the platform by such User. If any balance is present in the wallet of the User, the same shall be refunded subject to the other charges that may be applicable for such violations.

8. Third-Party Links

Our Services may be integrated or are integrated with third-party Website/Apps, services, applications, and/or platforms which are not within Our control. You are obliged to read all the terms of use agreements and privacy policies that apply to such third-party products or services. If you access Our Services using an Apple iOS, Android or Microsoft Windows-powered device or such similarly placed device or Apple Inc., Google Inc., Spotify, SoundClouds, Microsoft Corporation or other such relevant organisations, respectively, shall be a third-party beneficiary but not a party these TOU. You agree that your access to Our Services using these platforms also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. You represent and warrant to Us that you have read and agreed to those terms. Part of Our Services may contain links to third-party sites and third-party content. You agree and acknowledge that We do not endorse or sponsor such third-party sites, content, advertising or other material on such third-party sites. If We provide links or directions to other Website/Apps or destinations, you should not infer or assume that We operate, control, or is otherwise connected with these other Website/Apps or destinations. When you click on a link within Our Services, We will not warn you that you have left Our Services and are subject to the terms and conditions (including privacy policies) of another Website/App or destination. These TOU do not govern your use of another Website/App or destination. We are not responsible for the content or practices of any Website/App or destination other than Our Services even if it links to Our Services and even if the Website/App or destination is operated by a company affiliated or otherwise connected with Us. You acknowledge and agree that We will not be held responsible or liable to you for any content or other materials hosted and served from any Website/App or destination other than Our Services.

9. Indemnity

You agree to defend, indemnify and hold harmless Us, Our affiliates, shareholders, officers, directors, employees, third-party partners, service providers and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to Our Services and/or any related services; (ii) your violation of any term of these TOU; (iii) your violation of any third party rights, including without limitation any publicity, privacy, or intellectual property right; (iv) your breach of any applicable laws; and/or (v) any unauthorized, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorized or permitted by you. This indemnification obligation shall survive the expiry or termination of these TOU and your use of Our Services.

10. Limitation of Liability

TevaTalk is not liable for direct, indirect, incidental, consequential, or punitive damages arising from Website/App use. We shall in no event nor for any reason whatsoever be liable, even if We have been advised of the possibility of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use Our Services; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other Website/App or webpage provided through Our Services; (iv) any services, products, information, data, software or other material obtained or downloaded from Our Services or from any other Website/App or webpage provided through Our Services or from any other party referred by or through the use of Our Services; or (v) your use or misuse of Our Services. In no event shall We be liable to you, or any other party for: (a) amounts due from other Users of Our Services in connection with the purchase of any products/services; (b) damages arising in connection with the downloading or installation of, or the inability to download or install the application to access Our Services, by you or other third party; and/or (c) sales, customs and/or import or export taxes.

11. Changes to Terms of Service

We reserve the right to modify these Terms of Service. We may impose such further terms and conditions and make such amendments to these TOU as We may in Our discretion deem fit from time to time (including terms or amendments allowing Us to charge or revise fees for the use of Our Services. We will notify you of such amendments by posting the amendments on the app or such other method of notification as may be designated by Us (such as via email or other forms of electronic communications), which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of Our Services. You further agree that if you continue to use and/or access Our Services after being notified of such amendments to these TOU, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of these TOU and its amendments; and (ii) agreement by you to abide and be bound by these TOU and its amendments.

12. Contact Information

If you have questions or concerns about our Privacy Policy or Terms of Service, please contact us at tevatalk@gmail.com.