Terms and Conditions of Service

1.       Your relationship with easyAstro

1.1.    "easyAstro" refers to the easyAstro service, easyAstro platform, easyAstro web application and easyAstro.com website, developed by and provided to you by RT Kaushik, whose principal place of business is at 006, SOBHA JADE, Jakkur, Bangalore 560064, India.

1.2.    The easyAstro service, easyAstro platform, easyAstro web application and easyAstro.com website are referred to collectively as "Services" in this document.

1.3.    Your use of the easyAstro Services is subject to the terms ("Terms of Service") of a legal agreement between you and easyAstro. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.4.    Any new features or tools which are added to the current easyAstro Services shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://easyAstro.com/conditionsForUse/termsandconditions.txt

1.5.    In using the easyAstro Services, you (The User) are deemed to have accepted the terms and conditions listed below.

1.6.    easyAstro reserves the right to add, delete, alter or modify these terms and conditions at any time. The User is therefore advised to read carefully these terms and conditions each time he or she uses the Services.



2.       Account Terms

2.1.    You must be 18 years or older to use the easyAstro Services or have the consent of a parent or legal guardian.

2.2.    You must provide your full legal name, a valid email address, and any other information needed in order to complete the account signup process.

2.3.    You are responsible for keeping your password secure. easyAstro cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

2.4.    You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of India and the state of Karnataka in general and in particular you shall not host, display, upload, modify, publish, transmit, update or share any information that –

(a)    belongs to another person and to which the user does not have any right to;              

(b)   is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 

(c)    harm minors in any way; 

(d)   infringes any patent, trademark, copyright or other proprietary rights; 

(e)   violates any law for the time being in force; 

(f)   deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 

(g)   impersonate another person; 

(h)   contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 

(i)      threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation

2.5.    You are responsible for all activity and content (including but not limited to data, graphics, photos, links) that is uploaded under your easyAstro account ("Account").

2.6.    You must not transmit any worms or viruses or any code of a destructive nature.

2.7.    A breach or violation of any of the Account Terms as determined in the sole discretion of easyAstro will result in an immediate termination of your account.



3.       Content in the Services

3.1.    You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are referred to below as the "Content".

3.2.    You agree that you are solely responsible for (and that easyAstro has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which easyAstro may suffer) by doing so.

3.3.    We do not claim any intellectual property rights over the material you provide to the easyAstro Services.

3.4.    By uploading the Content to easyAstro, you agree to allow other internet users to view them and you agree to allow easyAstro to display and store them and you agree that easyAstro can, at any time, review all the content submitted by you to its Services.

3.5.    You retain ownership over all content that you submit to easyAstro Services however, you agree to allow easyAstro to use them for any astrological research and include such data in either an aggregated or dis-aggregated form, without revealing the identity of the individual(s) concerned.

3.6.    easyAstro does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.

3.7	You understand that astrology is largely in the realm of belief and that there is very little published evidence to show a strong cause-effect relationship, which has conclusively been proved to be beyond the realm of chance. 

3.8	You understand and agree without any reservations, that the statements or predictions given without any charges on the website or as part of any paid service, will suffer from the limitations mentioned in 3.7 and will take due precautions when you receive, process or act on such statements, and not hold easyAstro responsible in any way for any consequences.

3.9	You realize, acknowledge and appreciate that easyAstro is not only a disseminator of existing astrological dicta, but is also actively probing the various astrological rules to examine the veracity of such rules and is trying to add to the body of verified knowledge in this area.



4.       General Terms

4.1.    easyAstro reserves the right to modify or terminate the Services for any reason, without notice at any time.

4.2.    easyAstro reserves the right to refuse service to anyone for any reason at any time.

4.3.    Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

4.4.    easyAstro does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

4.5.    easyAstro does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

4.6.    The User understands that his / her Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

4.7.    Your Credit Card information is neither stored by easyAstro nor transmitted by easyAstro Services, but are processed by third party payment gateways and the transmission, storage or any other usage of such information is governed by their terms of service and their privacy policy. easyAstro has no control on the same and accepts no responsibility or liability in this regard.

4.8.    easyAstro may, but have no obligation to, remove Content and Account(s) containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4.9.    easyAstro does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

4.10.    Verbal or written abuse of any kind (including threats of abuse or retribution) of any easyAstro customer, easyAstro employee, member, or officer will result in immediate account termination.

4.11.    Technical support is only provided to paying account holders and is only available via email.

4.12.    The failure of easyAstro to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and easyAstro and govern your use of the Services, superseding any prior agreements between you and easyAstro (including, but not limited to, any prior versions of the Terms of Service).

4.13.    Questions about the Terms of Service should be sent to support@easyAstro.com.



5.       Billing, Payment & Refunds

5.1.    easyAstro does not provide refunds.

5.2	    In the event of the customer inadvertently paying more than once for the same service, such extra payment will be refunded, after deducting any withholdings due to the laws of the land and any non-refundable charges levied by the payment gateway and any other expenses which may be incurred to do the refund.



6.       Modifications to the Services and Prices:

6.1.    Prices for using easyAstro are subject to change from the moment such change is provided on the easyAstro website (easyAstro.com).

6.2.    easyAstro reserves the right at any time to time to modify or discontinue, the Services (or any part thereof) with or without notice.

6.3.    easyAstro shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.



7.       Proprietary rights

7.1.    You acknowledge and agree that easyAstro own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by easyAstro and that you shall not disclose such information without easyAstro's prior written consent.

7.2.    Unless you have agreed otherwise in writing with easyAstro, nothing in the Terms of Service gives you a right to use any of the easyAstro's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

7.3.    You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

7.4.    Unless you have been expressly authorized to do so in writing by easyAstro, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

7.5.    You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.

7.6.    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.




8.       Optional Tools

8.1.       easyAstro may provide The User with access to third party tools over which easyAstro neither monitors nor has any control or input.

8.2.       You acknowledge and agree that easyAstro provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. easyAstro shall have no liability whatsoever arising from or relating to your use of optional third party tools.

8.3.       Any use by you of optional tools offered through the site or Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).



9.   Disclaimer of WARRANTIES

9.1.	WE SUPPLY THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. easyAstro MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT AND/OR SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE

9.2.	easyAstro DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE USER CREATED CONTENT AND THE USE OF THE SITE AND/OR THE SERVICE.

9.3.	YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY CONTENT AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SITE.

9.4.    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM easyAstro OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

9.5.	easyAstro FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9.6	IN ANY DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL THE SERVICES.



10.   LIMITATION OF LIABILITY

10.1. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY HEREIN, YOU EXPRESSLY UNDERSTAND AND AGREE THAT easyAstro, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A)   ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; 

(B)   ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: 

(I)     ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
 

(II)   ANY CHANGES WHICH easyAstro MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);


(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
 

(IV) YOUR FAILURE TO PROVIDE easyAstro WITH ACCURATE ACCOUNT INFORMATION;
 

(V)   YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

10.2.    THE LIMITATIONS ON easyAstro’S LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT easyAstro HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

10.3.    IN NO EVENT SHALL easyAstro BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD easyAstro AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, easyAstro PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.



11.   Other content

11.1.    The Services may include hyperlinks to other web sites or content or resources. easyAstro may have no control over any web sites or resources which are provided by companies or persons other than easyAstro.

11.2.    You acknowledge and agree that easyAstro is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

11.3.    You acknowledge and agree that easyAstro is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.




12.   Applicable Law

Use of the easyAstro Services shall in all respects be governed by the laws of the state of Karnataka, India, regardless of the laws that might be applicable under principles of conflicts of law. You agree that the Karnataka courts located in Bangalore, Karnataka, India, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.


February 13, 2010