Terms & Conditions
THE FOLLOWING SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH PRACHYAKARMA.COM (A unit of Prachya Parv (p) ltd.) SERVICES (“PRACHYAKARMA,PRACHYA PARV ” OR “PRACHYAKARMA.COM” OR “WE” OR “OUR”) OFFERS YOU ACCESS TO OUR SERVICES.
WELCOME! WHEN USING PRACHYAKARMA.COM SERVICES, YOU (“MEMBER” OR “YOU” OR “YOUR”) AGREE TO THE TERMS AND CONDITIONS DESCRIBED HEREIN (“TERMS OF SERVICE”).
ACCEPTANCE OF TERMS OF SERVICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES PROVIDED BY PRACHYAKARMA.COM VIA OUR WEBSITE (WHICH IS CURRENTLY LOCATED AT WWW.PRACHYAKARMA.COM — THIS “WEBSITE”). BY CLICKING THE “I AGREE” BUTTON, YOU SIGNIFY THAT YOU AGREE WITH THESE TERMS OF SERVICE.
THESE TERMS OF SERVICE MAY BE AMENDED BY PRACHYAKARMA.COM AT ANY TIME IN OUR DISCRETION BY POSTING THE AMENDED TERMS ON OUR WEBSITE. IF YOU BECAME A MEMBER PRIOR TO THE POSTING OF AMENDED TERMS ON OUR WEBSITE, THE AMENDED TERMS SHALL AUTOMATICALLY BE EFFECTIVE 30 DAYS AFTER THEY ARE INITIALLY POSTED ON OUR SITE. YOU AGREE THAT YOUR CONTINUED USE OF THIS WEBSITE AFTER SUCH AMENDMENT SHALL SIGNIFY YOUR ACCEPTANCE OF SUCH CHANGE. THIS AGREEMENT MAY NOT BE OTHERWISE AMENDED EXCEPT BY A WRITING SIGNED BY BOTH YOU AND PRACHYAKARMA.COM
- DESCRIPTION OF PRACHYAKARMA.COM : PRACHYAKARMA.COM provides online pooja, vaastu consultancy, both offline and online , astrological content, reports, data, telephone and email consultations (“Content”) via the World Wide Web or smart phones app (android, ios), electronic mail. Although portions of the Content may be viewed simply by visiting the Prachyakarma.com site (the “Free Services” and “Paid Service”), in order to access the personalized astrological zone and/or receive additional Content and services from Prachyakarma.com (the “Paid Services”), You may need to register as a member of Prachyakarma.com to receive certain Paid Services. The Free Services and the Paid Services are referred to collectively in these Terms of Service as the “Services.” In consideration for the Paid Services, Member agrees to:
- provide certain current, complete, and accurate information about Member as prompted to do so by Prachyakarma.com and
- maintain and update this information as required to keep it current, complete and accurate. All information that We request and You provide on original sign-up, and all updates thereto, are referred to in these Terms of Service as “Registration Data.” Many of the Services and Content are provided by third party suppliers and not by Prachyakarma.com.
- MEMBER ELIGIBILITY: The Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not permitted to be used by minors (which means, in most jurisdictions, those under the age of 18) or temporarily or indefinitely suspended Prachyakarma.com members. In addition, Prachyakarma.com does not permit use of the Services by residents (a) of any jurisdiction that may prohibit our Services or (b) of any country that are prohibited by law, regulation, treaty or administrative act from entering into trade relations. If you do not qualify, please do not use the Services.
- MEMBER REGISTRATION DATA: Upon registration, including Your provision of Registration Data, You will receive an Prachyakarma.com identification (“YOUR EMAIL ID “) and a password. You are entirely responsible if You do not maintain the confidentiality of Your Prachyakarma.com EMAILID and password. You are responsible for all uses of Your account, whether or not actually or expressly authorized by you. You may change Your password by following instructions on the Website. You agree that Your account, EMAILID, and password may not be transferred or sold to another party. You agree to immediately notify Prachyakarma.com of any unauthorized use of Your account or any other breach of security known to You.
- OUR ACCESS TO YOUR ACCOUNT: In order to ensure that Prachyakarma.com is able to provide high quality services, respond to customer needs, and comply with laws, You hereby consent to Prachyakarma.com employees and agents being able to access Your account and records on a case-by-case basis to investigate complaints or other allegations or suspected abuse.
- REFUND & CANCELLATION POLICY:
- Refunds cannot be issued on the order of any reports under any circumstances, once it reaches the “processing” (Allocated to astrologer) stage. Customers are requested to order carefully and with full consideration.
- If you wish to cancel an order, please e-mail customer care team at email@example.com within 1 hour from making the payment.
- The timelines displayed on the site are an approximate. We try to adhere to them to a very large extent. However, as these reports are individual and manually generated by our astrologers, some delays are possible. We will try on a best case to deliver as soon as possible. Delays will not be considered as biases for refunds
- We do not consider refunds for in-correct data provided by the customer. We request you to please re-check all your data when entered. Prachyakarma.com will not consider refund requests resulting from the incorrect data provided by you. However, if you e-mail us at firstname.lastname@example.org within an hour of ordering the report, we will consider the changes to be made.
- Any delay in the activation of subscription services will be dealt with immediately and compensated on pro-rata biases.
- No refunds will be issued on the return of damaged products. By ordering products on Prachyakarma.com, the customer takes full responsibility of any damage caused to the product, post its delivery. In case such an order was made via the ‘cash on delivery’ mode of payment, the customer will be charged the cost of the product, as displayed on Prachyakarma.com and the shipping/ customs/ courier charges or all three as applicable, if the product is returned.
- The products and services offered by Prachyakarma.com are not meant to replace any philosophical, emotional or medical treatment. It is offered here as a service. Prachyakarma.com 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. On ordering the customer assumes full responsibility upon this matter. Thus, no refunds will be issued on this ground.
- Any damage caused to the product while in transit, will be dealt with by Prachyakarma.com and its agencies.
- While Prachyakarma.com tries to make sure that the products displayed on the website are delivered to the customer in an as-is condition, the picture may differ slightly from the original product. The customers are advised to exercise discretion in this matter. No refunds will be issued on this basis.
- Phone Advise: Please ensure that your contact number is in full coverage area and that you
answer the phone when it rings. Any call once connected, will not be refunded.
- All refunds will be made after deducting the transaction charges levied by the bank and / or the payment gateway, the cost of shipping or courier charges (back and forth), customs duty and / or any other charges that may have been borne by Prachyakarma.com in processing and / or delivering the service, as applicable.
- Multiple payments against the same order will be refunded in full (without deducting transaction charges on the duplicate payments), after retaining the cost of a singular order.
- MEMBER BEHAVIOR AND RESTRICTIONS; COMPLIANCE WITH LAWS: Your right to use the Services is personal to You. You represent that You are an individual and that You are not a corporation or other business entity. You agree not to resell or make any commercial use of the Services without the express written consent of Prachyakarma.com. You are solely responsible for the contents of Your transmissions through Our Website. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree:
- to comply with all Indian laws regarding the transmission of technical data exported from the India through the Service;
- not to use the Website or the Services for illegal purposes;
- not to interfere or disrupt networks connected to Prachyakarma.com;
- to comply with all applicable regulations, policies and procedures of networks connected to the Prachyakarma.com Website; and
- to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. Prachyakarma.com makes use of the Internet to send and receive certain messages; therefore, Your conduct is subject to Internet regulations, policies, and procedures. You will not use Prachyakarma.com for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through Prachyakarma.com any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree 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. You shall not interfere with any other Prachyakarma.com members’ use or enjoyment of the Website or Services.
- NO WARRANTY. YOU UNDERSTAND AND AGREE THAT:
- THE SERVICES ARE PROVIDED “AS-IS” AND WITH ALL FAULTS. PRACHYAKARMA.COM ASSUMES NO RESPONSIBILITY FOR AVAILABILITY (OR LACK THEREOF), TIMELINESS (OR LACK THEREOF), DELETIONS, MISDELIVERIES, OR FAILURES TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS;
- IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, PRACHYAKARMA.COM MAY DELETE E-MAIL OR OTHER ACCOUNTS OR THE INFORMATION THEREIN IF THE ACCOUNT IS INACTIVE FOR MORE THAN NINETY (90) DAYS;
- USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA;
- THE SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND PRACHYAKARMA.COM, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONTENT OR SERVICES, THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PRACHYAKARMA.COM’S WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH PRACHYAKARMA.COM’S SITE, AND MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRACHYAKARMA.COM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
- THE USE OF OR THE INABILITY TO USE THE SERVICES;
- ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PRACHYAKARMA.COM’S SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH PRACHYAKARMA.COM’S SERVICES;
- LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, A USER’S TRANSMISSIONS OR DATA.
- PROPRIETARY RIGHTS TO CONTENT: You acknowledge that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or distributed via email, commercially produced information presented to Member by Prachyakarma.com, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You are not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by Prachyakarma.com, its suppliers, or advertisers.
- NOTICES. Except as otherwise stated in these Terms of Service, all notices to a party shall be in writing and shall be made either via email or snail mail. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit in the snail mail, to Member at the address provided by Member in the Registration Data and to Prachyakarma.com at the address set forth below:
78/81, 1st floor , Ambika Nagar Society G.H.B Road , Pandesara SURAT
- ARBITRATION; INJUNCTIVE RELIEF. Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules in the Indian Law. The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules in the Indian Law, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Surat in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of India and venue in SURAT, Uttar Pradesh for any such proceeding. If either party files an action contrary to this provision, the other party may recover attorneys’ fees and costs up to one thousand US dollars.
This document (including any modification/change/deletion in this Agreement from time to time by Prachyakarma.com) is a Contract between you and Prachyakarma.com
Prachyakarma.com is, hereinafter referred as, Prachyakarma.com, we or the website.
- Free Consent
You declare that by visiting / have visited the website you have accepted the various terms and conditions detailed in this document and the disclaimer section the document and the website in their completeness. You undertake with a sound mind without any undue force, pressure or coercion, that you shall be bound by the terms of the website and the terms of the disclaimer. You further undertake that if there is any dispute relating to any breaking of the terms of agreement as a visitor of this website or as a seeker of astrological opinion, advice or consultancy from the website or on account of non-payment of any dues for the services rendered then the exclusive jurisdiction to file law suits against you shall be in the courts at SURAT only.
Membership to the Site is for select areas only. Membership is valid only for those eligible to enter into a contract as per the locally applicable laws of India and country of your residence. Your use of the website warrants and represents that you have the right, authority, and capacity to enter into this Agreement and to abide by terms laid down in it.
You agree to inform Prachyakarma.com if you are unable to enter into this agreement.
Inability to do so shall entitle Prachyakarma.com to restrict/change/terminate this agreement at its own discretion.
- Term & Termination
This Agreement will remain in full force while you use the Site and/or are a member. You may terminate your membership at any time, for any reason by informing Prachyakarma.com in writing. In the event you terminate your membership, you will not be entitled to a refund of any unutilized subscription fees or access to digital content or reports purchased using Prachyakarma.com. Prachyakarma.com may terminate your access to the site and/or your membership for any reason which shall become effective upon sending a notice of termination to you at the email address you provide at the time of membership or later. Prachyakarma.com is not required to refund your unutilised fee or charges if the agreement if terminated due to a breach from your side.
Prachyakarma.com reserves the right to change or delete features at any time without a notice and without specifying any reason. Prachyakarma.com also reserves the right to cancel or suspend your service at any moment without a notice or reason. Once the Service is cancelled or suspended, any data you may have stored on the Service may not be retrievable.
On cancellation of service without due cause, or without specification of cause, the membership fee yet unutilized will be refunded solely on the discretion of Prachyakarma.com.
- No Commercial Use Allowed
The Prachyakarma.com Site is for the personal use only, and may not be used in connection with any commercial endeavors unless approved as an ‘Affiliate’ of the Site. This includes providing links to other websites, whether deemed competitive to Prachyakarma.com or otherwise. Illegal and/or unauthorized uses of the website will be investigated, and legal action will be taken.
- Other Terms
You may not use any automated processes, including Bots, executable, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with Prachyakarma.com and/or its Members.
- Content Policy
Prachyakarma.com owns and retains all proprietary rights, including without limitation, all intellectual property rights of all original content on the website. The Site contains the copyrighted material, trademarks, and other proprietary information of Prachyakarma.com, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Prachyakarma.com, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Prachyakarma.com reserves the right to reject/remove/edit any message posted on the Prachyakarma.com website.
You must use the Prachyakarma.com Service in a manner consistent with any and all applicable local, state, federal laws and regulations.
- Copyright Policy
You cannot post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Site through the Prachyakarma.com Service in a way that constitutes copyright infringement, you may contact the site along with relevant evidence of content ownership.
- 9. Privacy
- 10. DISCLAIMERS/LIMITATION OF LIABILITY
YOUR USE OF THE PRACHYAKARMA.COM SERVICE IS AT YOUR SOLE RISK
PLEASE NOTE THAT THIS CONTRACT STRICLY LIMITS OUR LIABILITY AND PRACHYAKARMA.COM DOES NOT PROVIDE WARRANTIES FOR THE SERVICE. THE CONTRACT ALSO LIMITS YOUR REMEDIES.
- ASTROLOGY IS AN EVOLVING STREAM, WITH ORIGINAL RESEARCH BEING CONTRIBUTED FROM ALL THE TIME. ANY DATA, INTERPRETATION, PREDICTION OR INFORMATION RECEIVED THROUGH PRACHYAKARMA.COM MUST NOT BE TREATED AS SUBSTITUTE FOR ADVICE OR TREATMENT RECEIVED FROM MEDICAL PROFESSIONALS, FINANCIAL ADVISORS, LEGAL CONSULTANTS AND OTHER SUCH CONSULTANTS OR SERVICE PROVIDERS.
- PRACHYAKARMA.COM AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ASTROLOGICAL COUNSELING OFFERED THROUGH PRACHYAKARMA.COM IS BASED ON CUMULATIVE OR INDIVIDUAL KNOWLEDGE, EXPERIENCE AND INTERPRETATIONS OF ASTROLOGERS AND AS SUCH IT MAY WARY FROM ONE ASTROLOGER TO ANOTHER.
- ASTROLOGERS ON THE PANEL OF PRACHYAKARMA.COM MAY FROM TIME TO TIME MAKE RECOMMENDATIONS OF USING MANTRAS, YANTRAS, GEMSTONES OR OTHER ASTROLOGICAL REMEDIES TO BE USED BY YOU. SUCH RECOMMENDATIONS ARE BEING MADE IN GOOD FAITH BY THE ASTROLOGERS AND PRACHYAKARMA.COM AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IF ANY.
- LIMITATION ON LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRACHYAKARMA.COM AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRACHYAKARMA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PRACHYAKARMA.COM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PRACHYAKARMA.COM, FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Any claim in relation to this agreement or in connection therewith shall be filed with opposite party within 12 months from the date when the claim first could be filed.
If there is any dispute about or involving the Site and/or the Service, by using the services you further agree that the disputed matter will be governed by the laws of India. You agree to the exclusive jurisdiction of the courts of SURAT, India.
Prachyakarma.com may assign this contract to anybody with or without notice to you. You can not assign this contract to anybody without getting prior written approval/consent of Prachyakarma.com. Any such transfer/assignment by you without getting approval of Prachyakarma.com shall be void.
You agree to indemnify and hold Prachyakarma.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of your representations and warranties set forth above.
By becoming a Member of the Site / Prachyakarma.com Service, you agree to receive emails from Prachyakarma.com.
- Online Payments
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Prachyakarma.com service, contains the entire agreement between you and Prachyakarma.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Any misuse of the site, or violation of the agreement terms may result in immediate cancellation of membership without any refund in membership fee or charges.