Terms of Service

 

• Acceptance of Terms of Service:

Your access to and use of this website (www.neetasinha.com) referred to as the “Site” is subject to the following terms and conditions and all Applicable Laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms of Service (‘Terms’) and acknowledge that any other agreements between you and Neeta Sinha sometimes referred to as “Astroarchitect” or “Astroarchitecture” or “Astrologer” are superseded by these Terms and are of no force or effect, to the extent of any conflict between such other agreements and these Terms.

• Definitions:

“Applicable Law(s)” include all applicable laws, bye-laws, rules, regulations, ordinances, protocols, codes, guidelines, policies, notices, circulars, directions and decree, orders, judgments of any authority, each having the force of law, applicable from time to time.

“Intellectual Property Rights” includes all right(s), title(s) and interest(s), without limitation, copyright, designs, trade marks, patents, trade secrets, whether or not registrable in India and / or worldwide subsisting in and/ or relating to Services and/ or in the contents of the Site.

“Services” shall mean the services enlisted and/ or referred to on the Site.

• Fees:

You agree and undertake to pay to Neeta Sinha any and all applicable fees, price and/ or charges for the Services. You further agree that fees, prices and charges may be revised from time to time at the discretion of Neeta Sinha.

• Payment:

You must provide a valid credit card (Visa, MasterCard or any issuer accepted by Neeta Sinha) or a PayTM / PayPal account to Neeta Sinha and/ or their third party payment service provider in order to avail Services through the Site. Your obligations for your credit card or other payment methods shall be subject to your contract with the respective service providers.

By providing your payment method details to Neeta Sinha or their third party payment service provider, you agree that Neeta Sinha is authorized to immediately invoice you for all fees, price or charges due and payable by you to Neeta Sinha and no separate consent shall be required.

• Refunds:

Neeta Sinha takes the utmost care to process transactions as per the instructions given by clients, online and offline. However, in case of an unlikely event of an erroneous purchase or if you would like to cancel your purchase before availing the Services of Neeta Sinha, Neeta Sinha will respond to you within 15 working days of receiving a valid request for refund from you. The timely refund of the purchase will depend upon the type of credit card/banking instrument used during the transaction and also if the request for refund meets the requirements given in these Terms. You will have to send Neeta Sinha a written request for a refund within 2 days of making the purchase to Neeta Sinha’s official address or email astroarchitecture@gmail.com along with proof of deduction / debit of the purchase amount from your account.

In cases where the purchase receipt has already been issued to you, you will have to return the original receipt to Neeta Sinha at the office addresses.

In case of a valid refund request due to any error on the part of Neeta Sinha, Neeta Sinha will refund the purchase and bear the costs of the same.

International purchase will need a minimum 15 days for the refund process.

Notwithstanding anything contained in these Terms, in case where Services are rendered, no fees, charges and/ or payments validly accepted by Neeta Sinha for rendering of such Services shall be refunded to any person availing such Services.

• Taxes:

All prices, fees and other amounts referred to in these Terms, including any prices and fees set forth on the website, do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under Applicable Laws with respect to the Services (collectively, “Taxes”).

• Use of Services:

Services can be availed from the Site in certain jurisdictions. Neeta Sinha may collect information from you for rendering Services which shall be governed by and subject to the Privacy Policy of Neeta Sinha. You are requested to refer to the Privacy Policy of Neeta Sinha for further details.

 

By accessing the Site and / or requesting for Services, you agree and acknowledge the following:

• Neeta Sinha reserves the right to interrupt or discontinue any or all of the functionality and/ or Services of its Site. Neeta Sinha who is controlling this Site accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Site, whether as a result of actions or omissions of an entity of the site or a third party.
• Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, feedback, ideas, queries, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Neeta Sinha is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
• The information on the Site may contain technical inaccuracies or typographical errors. Neeta Sinha reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programmes described in such Information, at any time without notice.
• The Site contains information on products and Services, not all of which are available in every location. A reference to a product or Service on the Site does not imply that such product or Service is or will be available in your location.
• The Site may be linked to third party websites. Neeta Sinha may have no control over and does not endorse any of the sites to which the Site is linked and may not review any or all of the sites to which the Site is linked. You acknowledge that Neeta Sinha is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk and without the permission of Neeta Sinha.
• Although the Site may from time to time monitor or review postings, transmissions, bulletin boards, and the like on the Site, Neeta Sinha is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
• You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any laws.
• Neeta Sinha will fully cooperate with any law enforcement authorities or court order requesting or directing her to disclose the identity of anyone posting any such information or materials.
• Neeta Sinha may at any time revise these Terms by updating the same on the Site. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound.
• Framing of this Site by sites or site elements of parties not part of the Site is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of the Neeta Sinha group is equally prohibited.

 

• Term and Termination:

These Terms shall remain valid and subsisting until revision and/or modification thereof by Neeta Sinha.

Neeta Sinha may terminate your use of the Services and deny you access to the Services in their sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be effected without prior notice, and you acknowledge and agree that Neeta Sinha may immediately delete all related information and/or bar any further access by you to the Services.

Further, you agree that Neeta Sinha shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.

• Intellectual Property Rights:

All rights, titles and interests including but not limited to ownership of Intellectual Property Rights in and to any and all solutions, advice, documents, designs, layouts, technology, interfaces, images, screen shots, icons, logos, trade marks, names, applications, softwares, methods, flowcharts, know-how, trade secrets, formulae, processes, improvements, content of the Site etc. shall vest solely, exclusively and in perpetuity with Neeta Sinha and/ or their successors and/ or assigns for all territories of the world.

Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Neeta Sinha and/or other parties. No license to or right of any kind in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Neeta Sinha and/or other parties is granted to or conferred upon you.

You shall not commit any act and/ or omission which is likely to jeopardize and / or prejudice and/ or dilute, threaten and/ or challenge the ownership and/ or rights, titles and / or interests of Neeta Sinha in the Intellectual Property and/ or the Site.

You may download, display or print information from this Site (the “Information”) solely for non-commercial personal use.

You shall not be entitled to reproduce, make copies, distribute, make adaptations, reverse engineer and/ or in any manner commercially exploit the Information, Intellectual Property Rights including but not limited to the trade mark and trading name of Neeta Sinha without their prior written license.

You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, graphics, audio, and video without written permission of Neeta Sinha. You should assume that everything you see or read on this Site is protected under Intellectual Property Rights unless otherwise specified and may not be used except as provided in these Terms and without the written permission of Neeta Sinha. Neeta Sinha neither warrants nor represents that your use of materials or Information displayed on the Site will not infringe rights of third parties.

With the exception of the foregoing limited authorisation, no license to or right in any Intellectual Property of Astroarchitecture or of any other party is granted or conferred to you.

• Limitation of Liability:

You acknowledge and agree that the Services provided through this Site are on an ‘as is’ and ‘as available’ basis and that your use of the Services shall be at your own risk.

To the fullest extent permitted by the Applicable Laws, Neeta Sinha, their affiliates, group entities and their respective partners, officers, directors, employees, agents, branches, subsidiaries, licensors, contractors, representatives (“Neeta Sinha parties”) disclaim all warranties, express or implied, in connection with the Services including your use of the Services, Site and/ or its content. In particular, Neeta Sinha will not be liable for the accuracy, completeness, adequacy, timeliness, suitability or comprehensiveness of the Information contained on the Site.

To the fullest extent permitted by the Applicable Laws, Neeta Sinha parties make no warranties or representations about the accuracy or completeness or that the Services have been and will be provided with due skill, care or diligence and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content or Information, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services to your computer systems, devices, equipment or other property by accessing, using or browsing the Site or downloading of any material, content, Information, data, text, images, audio and/ or video from the Site (vi) any loss of your data or content on account of third party or your acts or omissions and/or (vii) any errors or omissions in the Site whether based on warranty, contract, tort, or any other legal theory, and whether or not Neeta Sinha parties are advised of the possibility of such damages, (viii) your failure to keep your password or account details secure and confidential,

Downloading of content or Information is done at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile phone or other device or loss of data that results from the download of any such content or Information.

In no event shall Neeta Sinha parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, damage to property, injury, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

• Indemnity:

You agree to indemnify, defend, and hold harmless Neeta Sinha parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Neeta Sinha arising as a result of, or in connection with: (i) your unauthorized use of the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party.

Neeta Sinha reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Neeta Sinha and you agree to cooperate with Neeta Sinha’s defense of these claims. You agree not to settle any matter in which Neeta Sinha is named as a defendant and/or for which you have indemnity obligations without Neeta Sinha’s prior written consent.

• Confidentiality:

You agree to keep confidential and not to disclose or use for your own benefit or the benefit of any third party (except as may be required for the performance of Services or as may be required by law), any information which is proprietary or confidential to Neeta Sinha.  The confidentiality obligations in these Terms, however, shall not extend to any information, documents, or materials that can be proven through documentary evidence (a) to have become publicly available without breach of this provision, (b) are received from a third party without restriction, and provided further that such obligations herein shall survive the termination of these Terms.

• Relationship:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Neeta Sinha and you shall have no authority to bind Neeta Sinha in any form or manner whatsoever.

• Assignment:

You shall not assign your rights and/ or obligations under these Terms to any person.

• Severability:

If any provision of these Terms is rendered void, illegal or unenforceable in any respect under Applicable Laws, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

• Force Majeure:

Neeta Sinha will not be held responsible for any delay or failure in performance of any part of these Terms to the extent that such delay is caused by events or circumstances beyond Neeta Sinha’s reasonable control including but not limited to any acts of God, wars, riots, terrorists, insurrection, accident, fire, flood, explosion, power, pandemics, epidemics, lockdowns, strikes, government orders, civil commotion, or any other unavoidable cause.

• Waiver and Modification:

No waiver of any provision of this Agreement and/ or modification and/ or consent to any departure from it by Neeta Sinha shall be effective unless it is in writing. A waiver or consent shall be effective only for the purpose for which it is given. No default or delay on the part of Neeta Sinha in exercising any rights, powers or privileges operates as a waiver of any right, nor does a single or partial exercise of a right preclude any exercise of other rights, powers or privileges.

• Governing Law & Courts:

These Terms shall be exclusively governed by the provisions of the Indian Laws and any dispute arising out of these Terms and/ or connected therewith, including but not limited to its interpretation, existence, performance, non-performance, violation, etc. shall be subject to the exclusive jurisdiction of the courts in Mumbai.