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TERMS & CONDITIONS

THE LOVE ASTRO – TERMS OF USE (USER)

Effective date: 25-06-2023


Welcome to The Love Astro! 

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR APPLICATION, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY, THE USER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS APPLICATION. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THIS APPLICATION. 

The following Terms of Use Agreement (the "TOU") is a legally binding agreement that shall govern the relationship between Upstars Technology Pvt. Ltd. (“Upstars”, “us”, “we”, “our”) with registered office at STPI Meerut ITP-03, Near NH-58 Bypass, Vedvyas Puri, Meerut, UP-250002 and you, our users. Using The Love Astro (“Application”) in any way means that you agree to all these Terms, and these Terms will remain in effect while you use the Application. If you don’t agree to all the following, you may not use or access the Application in any manner. 

You represent and warrant that you are of legal age to form a binding contract in your jurisdiction (or if not, that you’ve received your parents’ or guardian’s permission to use the Application and that your parent or guardian agrees to these Terms on your behalf). 


Software requirements

To be able to avail yourself of the services provided on the Application and for seamless use of the Application the user should ascertain that the device that you are using to access the services can support the Application. For IOS, minimum version 12 and for Android SDK Minimum version 21 is required for the Application to work.


User Consent 

The Application is a platform that provides expert astrological consultation with experienced astrologers in private sessions conducted either virtually or telephonically. 

All visitors to the Application shall be deemed as "users" of the herein contained Services provided for the purpose of this TOU. 

The user acknowledges and agrees that the Services provided and made available through our Application made available on any platform and downloadable programs, are the sole property of Upstars. At its discretion, Upstars may offer additional Services and/or products, or update, modify or revise any current Service, and this Agreement shall apply to all additional Services and/or products and all updated, modified, or revised Services unless otherwise stipulated. Upstars does hereby reserves the right to cancel and cease offering any of the Services and/or products. You, as the end user, acknowledge, accept, and agree that Upstars shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided "AS IS".

You agree that you will only use the Application for your own personal use, and not on behalf of or for the benefit of any third party.


Creating an Account on the Application

To access the services provided on the Application you are required to register on the Application with any of the following:

  • Mobile number
  • True caller 

Once the above information is entered for registration, 

  • In case of mobile number, one-time password (OTP) is sent to verify and register the user on the Application. In case for some reason you have been logged out of the Application, you would be given access to your account via OTP only. 
  • In case of True caller, the user is registered based on the True caller details.

Navigating on the Application 

After successfully registering, you, the user, may choose from the services available in the Application. The user has the option to:

  • Browse through the free remedies available on the Application. 
  • Select the kind of astrology consultation you wish to avail yourself of.
  • Select the specific astrologer you wish to get the consultation from.
  • Select the mode of communication through which you wish to receive the consultation from. 

Once the user has selected the service you wish to receive, accordingly the Application will guide you to the in-Application wallet and prompt you to charge the wallet. The Wallet can be charged through the payment options provided through “Phonepay” (payment gateway). Once the wallet is successfully charged by the user, the user can use the balance in the wallet to avail of the services provided on the Application. 

Post consultation the User will have access to the remedies suggested by the Astrologer on the Application itself. 

During consultation the Astrologer may request additional information like:

  • Name
  • Gender
  • Date of Birth
  • Place of Birth like Country, State, City, Village etc.
  • Time of birth

While providing the above stated information the user shall provide true and correct information as this information would affect the accuracy and quality of the services provided on the Application. 


Acceptable Use Policy

You are responsible for all your activity in connection with the Application! Due to the global nature of the internet, by using our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Make sure that you use the Application in a manner that complies with the law. If your use of the Application is prohibited by applicable laws, then you aren’t authorized to use the Application. We can’t and won’t be responsible for you using the Application in a way that breaks the law.

You also agree that you will not use the Application in any manner that:

  • Is fraudulent or threatening.
  • Indecent, exploitative, or abusive.
  • Jeopardizes the security of your registration or anyone else’s (such as allowing someone else to log into the Application as you or sharing your registration information with someone).
  • Attempts, in any manner, to obtain the password, account, or other security information of any other user.
  • Violates the security of any computer network or cracks any passwords or security encryption codes.
  • Runs any form of autoresponder or “spam” on the Application, or any processes that run or are activated while you are not logged into the Application, or that otherwise interferes with the proper working of the Application (including placing an unreasonable load on the Application infrastructure).
  • “Crawls,” “scrapes,” or “spiders” any portion of the Application (through use of manual or automated means).
  • Copies or stores any significant portion of the content on the Application.
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Application. 
  • Replicates, duplicates, copies, trades, sells, resells nor exploits for any commercial reason any part, use of, or access to the Application.

Other Users and Third Parties

Third-Party Content: The Application may contain links or connections to third party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from all liability arising from your use of any third-party website or service.

If you have a dispute with such third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected, or unsuspected, disclosed, or undisclosed, arising out of or in any way related to such disputes. 


Indemnity

All users herein agree to insure and hold Upstars, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include the use of Application or your connection with the Application, your violations of the Terms of Use and/or your violation of any such rights of another person.


Privacy on Upstars

Upstars takes your privacy very seriously. For our current Privacy Policy, please click here.

Every registered User's registration data and various other personal information are strictly protected by our Privacy Policy. As a registered User, you herein consent to the collection and use of the information provided, including the transfer of information within India and/or other countries for storage, processing or use by Upstars and/or our subsidiaries and affiliates.


Intellectual Property 

You understand that we own the Application. These Terms don’t grant you any right, title, or interest in us or our Application, or our trademarks, logos, and other intellectual property. 


Proprietary Rights

You do hereby acknowledge and agree that our Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Upstars or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Upstars Services (e.g. Content or Software), in whole or part.

 Upstars herein has granted you, personal, non-transferable, and non-exclusive rights and/or license to make use of our Software on a single system, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by us for use in accessing our Services.

You herein acknowledge, understand, and agree that all our trademarks, copyright, trade name, service marks, and other logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain our property. You herein agree not to display and/or use in any manner our logo or marks without obtaining our prior written consent.


Changes to the Terms

We are constantly trying to improve our products and services, so these Terms may need to change along with the Application.  We reserve the right to change the Terms at any time, but if we do, we may bring it to your attention by a notification on the Application. It is still the user’s responsibility to review these Terms on regular basis.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Application.  If you use the Application in any way after a change to the Terms is effective and notice has been provided, that means you agree to all the changes. 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. 


No Warranties

The Application is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty that the use of the Application will be uninterrupted or error-free. 

Any information or material downloaded or otherwise obtained by way of the Application or software shall be accessed at your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.

Services provided through the Application are provided without any warranty of any kind from Upstars. 


Delete of Account/Terminating Your Account

Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account on the Application. Upstars has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Once your account is terminated by us, you will not be able to re-register on the Application with same details.


You have the right to delete your account through the settings in the Application itself. In case you have done so, you would not be able to log into your account. After deleting your account if you would attempt to logon to your account, you would need to re-register in the Application.

To know what happens to your data in case the account is deleted please refer to our Privacy Policy.

You agree that some of the obligations in these Terms will be in force even after you delete your account or the same is terminated by us. All the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.


Refund 

Yes, there is refund on the services availed on the Application. Though the Application provides reversal of any deduction from the wallet in case there is any technical issue like, loss of network or call drop, during the consultation.  


Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Upstars, its licensors, or its contributor be liable to you or to any other person for:

  1. Any indirect, special, incidental, or consequential damages of any kind.
  2. The amounts paid and/or payable by you to us in connection with services availed by you on the Application in relation to which the claim is raised. 

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your registration, in any way (by operation of law or otherwise) without our prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.


Choice of Law

These Terms are governed by and will be construed under applicable laws of India, without regard to the conflicts of law provisions thereof.


Dispute Resolution and Arbitration

Any dispute arising from or relating to the subject matter of these Terms shall be resolved through following methods:

  1. An escalation that will be addressed by company representative and the issue may be raised via [email protected]. 
  2. Executive escalation that will be addressed by a senior executive of company.

Any dispute that remains unresolved through the above mechanism shall be finally settled by arbitration in Meerut, Uttar Pradesh, India, in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time. For all purposes of these Terms, you consent to exclusive jurisdiction of the courts in Meerut, Uttar Pradesh, India. 


No Third-Party Beneficiaries

As a user, you agree there are no third-party beneficiaries intended under these Terms. 


No Joint Venture

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Upstars, and you do not have any authority of any kind to bind us in any respect whatsoever. 


Waiver

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  


Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  


Violations

Please report any violations of this TOU to Upstars as follows:

[email protected]