These Terms of Service govern your access to and use of the Guruji Speaks online astrology consultation platform, including the website located at www.gurujispeaks.com (the "Site"), associated mobile applications, and the services provided through the Site and mobile applications (collectively referred to as the "Service"). The Service is offered by NKB Divine Vedic Sciences and/or its affiliates ("Company," "we," "us," or "our"). We have created these Terms of Service to explain the terms that apply to your use of the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL CONSENTS AND DISCLOSURES PROVIDED HEREIN, AS WELL AS THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS OF SERVICE AND ALL GUIDELINES (COLLECTIVELY, THE "TERMS OF SERVICE"). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY.
The Terms of Service constitute a legally binding contract between you and the Company. You can obtain a copy of this Agreement by sending an email request to firstname.lastname@example.org. These Terms of Service are considered an electronic contract within the provisions of applicable laws governing electronic documents/records in various jurisdictions and statutes, including but not limited to the EU General Data Protection Regulation, the (Indian) Information Technology Act, 2000 ("IT Act"), and the rules made thereunder, as applicable. These Terms of Service do not require a physical, electronic, or digital signature, and they establish a legally binding agreement between you and the Company.
Modification of these Terms of Service
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please review the Terms of Service periodically for any changes. Your continued use of the Service after the posting of modifications or changes constitutes your binding acceptance of such revisions. If you are a registered user of the Service, we will notify you of material changes to these Terms of Service via email before the effective date of the changes. Therefore, it is essential to ensure that we have your current email address on file to receive notice of any significant modifications. Additionally, you will be required to accept the new Terms of Service when you visit the Service and log in to your user account for the first time after the new terms take effect. If you do not agree with the proposed changes, please discontinue using the Service before the new Terms of Service become effective. By continuing to use the Service after the new terms are in effect, you will be bound by the modified Terms of Service.
By using the Service, you represent and warrant that: (a) the information you submit is truthful and accurate; (b) your use of the Service and any associated services does not violate any applicable laws or regulations; (c) you are at least 18 years old or of legal age, whichever is greater; and (d) you have the legal capacity to enter into these Terms of Service.
Member Accounts and Registration
A. Member Registration You can explore and browse the Service without becoming a registered member. However, to access the interactive features and contribute content, you must register as a member. You can sign up by completing the registration process on our platform. By becoming a registered member, you agree to the following: (a) Provide accurate and complete information about yourself in the registration form ("Registration Data"). (b) Keep the Registration Data up to date and accurate. (c) Comply with the rules regarding contributions as outlined in the "Rules Governing User Contributions; Prohibited Activities" section below.
B. Member Accounts During registration, you will create a user ID for your member account. You may only have one user ID associated with your account. You must not: (a) Use someone else's name with the intent to impersonate them. (b) Use a name that infringes upon someone else's rights without appropriate authorization. (c) Use an offensive, vulgar, or obscene name. We reserve the right to refuse or cancel a user ID at our discretion. You are responsible for maintaining the confidentiality of your user ID and password. Through your member account, you can create a user profile, invite other members, post reviews, and share content with other members and the public. When interacting, you agree not to post or upload content that is vulgar, offensive, or demeaning to others.
Rules Governing User Contributions; Prohibited Activities
A. User Contributions As a member, you may submit comments, stories, and content ("Contributions") to the Service. You are solely responsible for your Contributions and any harm resulting from them. By posting Contributions, you represent and warrant that: (1) You own or have sufficient rights to post the Contributions. (2) Your Contributions do not violate privacy rights, publicity rights, intellectual property rights, or contract rights of ours or any other person. (3) You have fulfilled any third-party licenses related to the Contributions and will pay any required royalties or fees. (4) Your Contributions are not defamatory, disruptive, unlawful, offensive, inaccurate, explicit, threatening, or otherwise objectionable. (5) Your Contributions do not contain advertisements or solicitations. (6) Your Contributions do not install spyware, malware, or other harmful computer code.
B. Prohibited Activities In addition to the obligations mentioned in the "User Contributions" section: (1) You will not use the Service for unauthorized purposes, including collecting user information for unsolicited communication. (2) You will not send chain letters, spam, or interfere with the Service's functioning or networks. (3) You will not impersonate others, provide false information, or violate anyone's privacy or rights. (4) You will not use the Service for job postings or recruitment. (5) You will not promote business opportunities or schemes requiring upfront payments or recruitment. (6) You will not modify, reverse engineer, or circumvent the Service. (7) You will not interfere with security features or restrictions on the Service or its content.
Rights in Contributions
A. Ownership of Contributions We do not assert any ownership rights over the Contributions you post on or through our astrology consultation platform, Guruji Speaks. You retain all rights to your Contributions, including intellectual property rights, subject to the license you grant us as described below.
B. Grant of License to Us for Contributions By submitting a Contribution to Guruji Speaks, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable, and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market, and distribute your Contribution in connection with our platform, our business, or the promotion of our platform or business, through any media channels and in any media formats, both currently known and developed in the future. However, this license does not authorize us to sell your Contributions.
Our Intellectual Property Rights Except for the Contributions provided by users, all content on Guruji Speaks (referred to as "Materials") and the trademarks, service marks, and logos displayed on the platform are either owned by us or licensed to us. These Materials are protected by copyright and other intellectual property laws in India, foreign countries, and international conventions. The Service and Materials are intended for personal use and informational purposes only and should not be commercially exploited. All rights to the Service and Materials are reserved by us. If you download or print Materials for personal use, you must retain all trademark, copyright, and other proprietary notices present in the Materials.
Our Management of the Service; User Misconduct
A. Our Right to Manage the Service We reserve the right, though we are not obligated, to: (a) Monitor and review the Service for violations of our Terms of Service and compliance with our policies. (b) Report violations of our Terms of Service to law enforcement authorities and take legal action against offenders. (c) Refuse, restrict access to, remove, delete, edit, or disable any Contribution or portion thereof to the extent technologically feasible. (d) Manage the Service to protect our rights, the rights of third parties, or to ensure the proper functioning of the platform. (e) Screen our users or members and attempt to verify their statements. (f) Monitor disputes between users, terminate or block users for violating our Terms of Service.
B. Interactions with Other Users You are solely responsible for your interactions with other users on Guruji Speaks. Please exercise caution when dealing with strangers, including individuals who may be using false identities. Choose the information you share on the platform carefully and refrain from publicly disclosing personal contact details. Contributions made by other users may contain offensive, harmful, inaccurate, or misleading content. You assume all risks associated with your interactions on the platform. Opinions expressed in user Contributions do not necessarily reflect our views or endorsement.
C. Our Right to Terminate Users Without limiting any other provisions of our Terms of Service, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of Guruji Speaks to any individual for any reason or no reason at all. This includes, but is not limited to, breaches of representations, warranties, covenants in our Terms of Service, or violations of applicable laws or regulations.
Third Party App Stores
You acknowledge and agree that the availability of our online astrology consultation platform, Guruji Speaks, may rely on third-party websites through which you download our Service, such as the Apple App Store or Google Play Store (referred to as "Third Party App Store"). It is important to understand that these Terms of Service establish an agreement between you and our company, not with the specific Third Party App Store. Each Third Party App Store may have its own terms and conditions that you must accept before downloading our Service from it. By using our Service, you agree to comply with the terms and conditions of the relevant Third Party App Store, and your license to use our Service is contingent upon this compliance. In cases where the terms and conditions of the Third Party App Store are less restrictive or conflicting with our Terms of Service, the more restrictive or conflicting terms and conditions of our Terms of Service shall prevail.
Third Party Sites
Legal Disputes and Dispute Resolution
A. Initial Resolution We are available to address any concerns you may have regarding your use of Guruji Speaks via email at email@example.com. We believe that most concerns can be promptly resolved through this channel. Both you and our company agree to make good faith efforts to settle any dispute, claim, question, or disagreement through consultation and negotiations before initiating any legal proceedings.
B. Governing Law and Dispute Resolution These Terms of Service are governed by the laws of India. Any legal action, suit, or proceeding initiated to resolve any matter arising under or relating to our Service or these Terms of Service shall be subject to the jurisdiction of the courts at Ghaziabad, India.
Warranty Disclaimer; Limitation of Liability
contributions, or any other items provided through our online astrology consultation platform, Guruji Speaks, are provided "as is" and "as available," without any warranty or conditions. By using our Service, we do not endorse any contributions or other items available on or linked to the Service, including content hosted on third-party sites. We cannot guarantee specific results from the use of our Service, and any advice or information obtained from us does not create any warranty not expressly stated in these Terms of Service. You agree to use the Service at your own risk. To the fullest extent permitted by law, we and our advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers, and other contractors disclaim all warranties, whether express or implied, in connection with the Service and your use thereof. (ii) We make no warranties or representations regarding the accuracy, reliability, timeliness, or completeness of the Service's content, the content of any linked sites, contributions, information, or any other items or materials on the Service or linked to by the Service. We assume no liability or responsibility for any errors, personal injury, property damage, unauthorized access to our secure servers, interruption or cessation of transmission, bugs, viruses, or any other issues related to the Service. We also do not guarantee the accuracy, usefulness, or non-harmful nature of contributions or any other materials available through the Service.
B. Limited Liability (i) To the extent permitted by applicable law, we shall not be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages, including lost profit damages, arising from your use of the Service, contributions, materials, or any other content therein. Our liability to you for any loss or damage suffered, arising out of or in connection with these Terms of Service, whether in contract, tort, or for breach of statutory duty or in any other way, shall not exceed the member registration fee paid by you or INR 500, whichever is lower.
Independent Contractors Nothing in these Terms of Service shall create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between us and any user.
Non-Waiver Our failure to exercise or enforce any right or provision of these Terms of Service shall not be considered a waiver of that right or provision.
Severability These Terms of Service shall operate to the fullest extent permissible by law. If any provision or part of a provision is unlawful, void, or unenforceable, it shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions.
Notices You agree that we may provide notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Site or Services.
Survival Provisions related to limitation of liability, disclaimers, and indemnification shall survive the termination of these Terms of Service or your use of or subscription to the Services.
Assignment You may not modify the terms of these Terms of Service based on statements or communications from our employees or anyone purporting to act on our behalf.
Contact Information If you have any questions about these Terms of Service or your account, please contact us at firstname.lastname@example.org or write to us at the following address: NKB Divine Vedic Sciences E 939, Gaur Cascades Rajnagar Extension Ghaziabad 201017, Uttar Pradesh, India Attention: Mr. Saurabh Tyagi