END USER LICENSE AGREEMENT

INTRODUCTION
  1. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
  2. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE APP/ Web.
  3. This mobile application called 'VAMA' (“App”) is owned by SelectAstro Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered address at House 64, Block-A, Pocket-3, Sector-08, Rohini, New Delhi - 110085 (hereinafter, referred to as “SelectAstro”, which expression shall, unless it be repugnant to the context thereof, be deemed to include its successors, affiliates, and permitted assigns).
  4. Please read this end user license agreement (“EULA”) carefully, as it contains the terms and conditions governing your use of the App/ Web and any content such as text, data, information, software, graphics, audio, video or photographs that SelectAstro may make available through the App/ Web and any services that SelectAstro may provide through the App. In order to use the App, you must first agree to this EULA. By accessing, browsing or otherwise using the App, you are agreeing to this EULA and concluding a legally binding contract with SelectAstro. Please do not access or use the App/ Web if you do not agree with any of the terms provided herein or are unable to be bound by them. As a condition of your access to and use of the App/ Web, you hereby agree that you will comply with all Applicable Laws (defined hereinafter) and regulations when using the App/ Web.
  5. SelectAstro reserves the right, at its sole discretion, to change, modify, add or remove portions of this EULA, at any time and will notify you at least once in a year, or whenever there is a change in this EULA (as the case may be), by email or by posting a conspicuous notice on the App/ Web. Your continued use of the App/ Web following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to this EULA. As long as you comply with this EULA, SelectAstro grants you a personal, revocable, non-exclusive, non-transferable, non-sub-licensable, limited license to access and use the App.
  6. The general terms of service contained in Section A herein govern your use of any of our services on the App/ Web and the information accessible on or through this App/ Web, on top of any other terms that apply to a specific service you are using (“General Terms”).
  7. The specific terms of service contained in Section B herein govern your use of the astrology services provided on the App/ Web and the information accessible on or through such services (“Specific Terms of Astrology Services”)

  8. The specific terms of service contained in Section C herein govern your use of the puja services and other allied services provided on the App/ Web and the information accessible on or through such services (“Specific Terms of Puja Services”).

    For General Terms, please click here

    For Specific Terms of Astrology Services, please click here

    For Specific Terms of Puja Services, please click here


    For the sake of clarity, EULA shall collectively refer to and mean General Terms, Specific Terms of Astrology Services and Specific Terms of Puja Services.
  9. You should read this EULA and access and read all further linked information, if any, referred to in this EULA, as such information contains further terms and conditions that apply to you as a user of the App. Such linked information including but not limited to SelectAstro’s privacy policy (“Privacy Policy”) is hereby incorporated by reference into this EULA.
  10. If you are unwilling or unable to be legally bound by this EULA, please do not use the App. You cannot accept this EULA if: (a) you are not lawfully entitled to use the App; or (b) if you are not of legal age to form a binding agreement with SelectAstro.

SECTION A

GENERAL TERMS OF SERVICE

DEFINITIONS
In this EULA, unless the context or meaning otherwise requires: (a) all capitalised words and expressions defined by inclusion in quotation and/or parenthesis anywhere in this EULA, have the same meanings as ascribed to such words and expressions; and (b) following words and expressions shall bear the meanings ascribed to them below:
  1. “Applicable Law” shall mean and include all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, and/or board, as may be applicable and in each case, any implementing regulation or interpretation issued thereunder including any successor law.
  2. Astrologershall mean a natural person who is qualified to perform services for SelectAstro's Users via. the App/ Web and is registered on the App/ Web to provide services.
  3. “Astrology Services” shall have the meaning ascribed to it in Section B of this EULA.
  4. “Person” means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable Law.
  5. “Personal Information”shall mean and include any past, present, or future health, finance, family or any other information of a User which may be provided by the User to the Astrologer pursuant to the provision of the Astrology Services. Personal Information shall mean and include any information that may be used to identify an individual, including, but not limited to, the first and last names, date, time and place of birth, age, gender, birth star, gotra, nakshatra, sankalpa, which may be provided by the User to SelectAstro which shall be shared with the Priest pursuant to the provision of the Puja Services.
  6. “Priest” shall mean a natural person who is appointed by the respective temple to perform services and in furtherance of the same, performs services for SelectAstro’s Users.
  7. “Puja Services” shall have the meaning ascribed to it in Section C of this EULA.
  8. “User”shall mean a person who desirous of availing the Astrology Services or Puja Services uses the App/ Web and/or registers on the App/ Web (as the case may be) in accordance with the terms contained herein.
  9. “User Account” shall mean the online account exclusive to a User and is used by the User to avail Astrology Services or Puja Services through the App/ Web and is created in accordance with this EULA.
ELIGIBILITY
Use of the App/ Web is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the App/ Web. Any person under the age of 18 shall not register on the App/ Web and shall not transact on or use the App/ Web. If a minor wishes to use or transact on the App/ Web, such use or transaction may be made by the minor's legal guardian or parents on the App/ Web. Any minor accessing, using or transacting on the App/ Web in violation of this EULA shall be doing so at their own risk and SelectAstro shall not be responsible or liable for any activities or interactions of such minor on the App/ Web. SelectAstro reserves the right to terminate any person's membership and/or refuse to provide such person with access to the App/ Web if it is brought to the notice of SelectAstro or if SelectAstro discovers for itself that such person is not eligible to use the App/ Web.
ACCEPTANCE OF TERMS
In order to use the App/ Web, you must first agree to this EULA. You shall be deemed to have accepted this EULA by (a) clicking to accept this EULA, when prompted on the App/ Web; (b) logging onto the App/ Web by using the Login Credentials or such other credentials as may be communicated to you by SelectAstro from time to time; or (c) actually using the App/ Web, in which case, you understand and agree that SelectAstro will treat your use of the App/ Web as acceptance of the EULA from that point onwards.
OPENING A USER ACCOUNT
  1. The App/ Web allows only limited and restricted access to the Astrology Services and Puja Services for unregistered Users.
  2. In order to use the App, you will have to create the User Account by signing up on the App which can be done by providing/using the following: (a) your cell phone number with password; or (b) email address with password; or (c) such other login credentials that are adopted by SelectAstro from time to time and duly intimated to you, for setting up a User Account on the App. Upon entering the required details, you may either receive a One Time Password (OTP) through email or Short Message Service (SMS) messages for the purpose of verification of your User Account or your User Account may be verified by such other auto verification process adopted by SelectAstro from time to time and duly intimated to you, and upon completion of verification, the User Account is created and is ready for use.
  3. While signing-up on the App, you shall not:
    1. create a User Account for anyone other than yourself unless such person's prior permission has been obtained;
    2. use a User Account that is the name of another person with the intent to impersonate that person; and
    3. create more than one User Account on the App.
  4. SelectAstro cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
USERNAME AND PASSWORD
  1. Once registered, in order to log into the User Account on the App, you will be required to provide the following: (a) the cell phone number with password; or (b) the email address with password; or (c) such other login credentials that are adopted by SelectAstro from time to time and duly intimated to you for logging into the User Account on the App, used at the time of signing-up (“Login Credentials”).
  2. You shall be solely responsible for maintaining confidentiality of the Login Credentials, and you hereby accept responsibility for all activities on the User Account authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the App through the User Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. SelectAstro shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating or using the User Account.
  3. SelectAstro cannot and will not be liable for any loss or damage arising from or arising out of your use of the App, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the App using the User Account.
  4. In case of any misappropriation or unauthorised access of the User Account, you agree to communicate the same to SelectAstro immediately. You shall further ensure that you log in and exit/logout from the User Account at the end of each session or at the time indicated by SelectAstro. SelectAstro shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by SelectAstro or User/visitor of the App due to authorised or unauthorised use of the User Account, as a result of your failure in keeping the Login Credentials confidential.
  5. You agree that the information provided by you to SelectAstro, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if SelectAstro has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with this EULA, SelectAstro shall have the right to indefinitely suspend or terminate or block access to the User Account on the App and refuse to provide you access to the App. You are advised to use due caution when providing any information to SelectAstro accordingly.
AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting this EULA consent to the receipt of communication from SelectAstro by way of in-app messages, Short Message Service (SMS) messages, WhatsApp, e-mails, promotional and marketing calls and newsletters. These messages, emails and calls could relate to your registration or the transactions that you carry out through the App and promotions that are undertaken by SelectAstro.
LINKS TO THIRD PARTY WEBSITES
The App/ Web may contain links and interactive functionality interacting with the websites of third parties. SelectAstro is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, SelectAstro strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
USE OF THE APP/ WEB
You agree, undertake and covenant that, during the use of the App/ Web, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
  1. belongs to another Person and to which you do not have any right.
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the Applicable Laws in force in any manner whatsoever.
  3. is misleading in any way.
  4. is harmful to minors.
  5. involves the transmission of junk mail,chain letters, or unsolicited mass mailing orspamming.
  6. infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).
  7. provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
  8. tries to gain unauthorized access or exceeds the scope of authorized access to the App/ Web or to profiles, blogs, communities, User Account information or information of other Users/visitors of the App/ Web, bulletins, or other areas of the App/Web or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users/visitors of the App/ Web.
  9. engages in commercial activities without SelectAstro’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
  10. interferes with another User/visitor’s use of the App.
  11. impersonates another Person.
  12. 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 cognizable offence or prevents investigation of any offence or is insulting any foreign states.
  13. refers to any website or URL that, in SelectAstro’s sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the letter or spirit of this EULA.
  14. deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
  15. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
  16. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another User/visitor.
  17. is in the nature of an online game that is not verified as a permissible online game.
  18. is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.
  19. violates any Applicable Law for the time being in force.
You hereby accept full responsibility for any consequences that may arise from your use of the App, and expressly agree and acknowledge than in no event and under no circumstances shall SelectAstro be held liable to you for any liabilities or damages resulting from or arising out of your use of the App. You shall not use anyone else's account at any time.
You agree and acknowledge that you shall not use the App/ Web for any illegal or unauthorized purpose/activities. You agree to comply with all Applicable Laws pertaining to your use of the App. You further agree and acknowledge that you shall use the services provided on the only for your personal use and not for business purposes.
SelectAstro shall have the right, but not the obligation, to monitor access to or use of the App/ Web to ensure your compliance with this EULA or Applicable Laws, at its sole discretion.
USER’S POSTS AND REVIEWS
  1. The App/ Web may allow you to post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular Service provided on the App, and rate the Service, post your comments and reviews in relation to such services on the /or of an Astrologer on specific pages of the App, as well as submit/ post any suggestions, comments, questions or other information to SelectAstro using the App/ Web (collectively referred to User Content). Provided however that, before being published on the App, such User Content shall be reviewed by SelectAstro to ensure compliance with this EULA and Applicable Laws.
  2. You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the App. You represent and covenant that you have obtained all relevant consents and approvals in order to post any User Content and shall not post any content relating to or owned by a third party for the promotion or sale of products/ services of such third party. You further represent that all such User Content will be in accordance with Applicable Laws. You acknowledge that SelectAstro does not endorse any User Content on the App/ Web and is not responsible or liable for any User Content. SelectAstro reserves the right to remove any third-party marketing material and disable access to the User Content on the App.
  3. You hereby grant SelectAstro a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the App; and that, as at the date that the User Content is posted or submitted on the App: (a) the User Content is accurate; (b) use of the User Content you supply does not breach this EULA; and (c) that such User Content is lawful.
  4. You further represent and warrant that the User Content shall not contain any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, the User Content shall not contain anything that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
  1. Except for User Content, all of the content and services and products provided on the App, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by SelectAstro or others (including without limitation, the third party service providers or Astrologers or temples, as applicable) that SelectAstro licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
  2. You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by SelectAstro and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of SelectAstro and such others. You thereby agree to protect the proprietary rights of SelectAstro during and after the term of this EULA. You may not selectively download portions of the App/ Web without retaining the copyright notices. You may download material from the App/ Web only for your own personal use and for no commercial purposes whatsoever.
  3. You shall use the App/ Web strictly in accordance with this EULA, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the App; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the App; (c) violate any Applicable Laws, rules or regulations in connection with your access or use of the App; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the App; (e) use the App/ Web for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the App/ Web or other services; (g) use the App/ Web for any purpose not in accordance with this EULA; (h) use the App/ Web for creating a service or software that is directly or indirectly, competitive with the App/ Web or any services offered by SelectAstro whether via. the App/ Web or other websites/mobile applications associated with SelectAstro; or (i) derive any confidential information, processes, data or algorithms from the App.
  4. Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under Applicable Laws of the country.
RIGHTS & RESERVATIONS
SelectAstro reserves the right to:
  1. Make all decisions in relation to inter alia your registration with SelectAstro;
  2. Request additional documents and additional information from you for the purpose of your registration as a User with the App; and
  3. Deny access to the App/ Web or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under this EULA; and/or (iii) violation of any of the provisions of this EULA or any Applicable Laws.
TERMINATION OF ACCESS TO THE APP
  • Your User Account can be terminated at any time by:
    1. You, by ceasing to use the App.
    2. SelectAstro, in its sole discretion for any reason or no reason, including your violation of this EULA or lack of use of App. You acknowledge that the termination of access to the App/ Web may be affected without any prior notice, and SelectAstro may immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the services provided on the App, subject to Applicable Law.
  • Any balance amount remaining in the User Wallet automatically expires on the termination of the User Account for any reason.
  • The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of this EULA.
    • SCHEMES AND REWARDS
    From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
    REPRESENTATIONS
    From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
    LIMITATION OF LIABILITY
    From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
    DISCLAIMER OF WARRANTIES
    From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
    INDEMNIFICATION
    From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
    PRIVACY POLICY
    From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
    ASSIGNMENT
    From time to time, SelectAstro may offer and rewards to you for inviting new users to the App/ Web and for completing other activities as per the terms and conditions indicated by SelectAstro to you.
    GOVERNING LAW AND DISPUTE RESOLUTION
    This EULA shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in New Delhi, India. In the event of any dispute arising out of this EULA the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be New Delhi, India.
    SEVERABILITY AND WAIVER
    These EULA, the Privacy Policy and other referenced material herein or on the App, are the entire agreement between you and SelectAstro with respect to the services offered on the App, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and SelectAstro with respect thereto and govern your future relationship with SelectAstro. If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    GRIEVANCE REDRESSAL MECHANISM
    1. In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

      2. Name: Vikaas Sharma
      Address: Plot No-809, Second Floor. Udyog Vihar Phase 5 Gurgaon - 122016
      Cell: +91 9205777570
      Email: vikas@vama.app
    2. For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of this EULA or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
    HOW TO CONTACT US
    If you have questions or concerns about this EULA, please contact SelectAstro at the following email address: customer.care@vama.app

    SECTION B

    SPECIFIC TERMS OF ASTROLOGY SERVICES

    INTRODUCTION
    1. You should read the General Terms which govern your general use of the App. Such General Terms including but not limited to the Privacy Policy are hereby incorporated by reference into this Specific Terms of Astrology Services.
    2. The General Terms read with the Specific Terms of Astrology Services and any other agreement that you may enter into with SelectAstro shall define your relationship and mutual expectations while you use these Astrology Services on the App. In order to use the Astrology Services on the App, it shall be your responsibility to comply with both the General Terms, the Specific Terms of Astrology Services and any other agreement that you may enter into with SelectAstro.
    3. Unless otherwise specified, all capitalised terms used herein shall have the meanings ascribed to them in the General Terms.
    SERVICES
    1. You, as a User, shall be entitled to use the App/ Web as a platform for (a) enabling discovery of Astrologers on the App; (b) facilitating interactions between the User and the selected Astrologers by booking personalized interactive time bound sessions with the Astrologers (collectively, “Sessions”); and (c) providing such other services as SelectAstro may deem fit from time to time (“Astrology Services”).
    2. Discovery of Astrologers
      You acknowledge and understand that SelectAstro does not endorse any Astrologer listed on the App/ Web or make any representations or warranties with respect to quality of the services provided by the Astrologers via. the App, and that the relevance algorithm for Astrologers on the App/ Web through which you, as a User, may book an appointment, is a fully automated system that lists the Astrologers. The details of the Astrologer's profile and information regarding the Astrologer's practice is provided by the respective Astrologer and displayed on an 'as is' basis on the App. These listings of Astrologers do not represent any fixed objective ranking or endorsement by SelectAstro. SelectAstro will not be liable for any change in the relevance of the Astrologers on search results, which may take place from time to time. You further acknowledge that the listing of Astrologers will be based on automated computation of the various factors including inputs made by the other Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. SelectAstro in no event will be held responsible for the accuracy and the relevance of the listing order of the Astrologers on the App.
    3. Sessions with the Astrologers
      1. Once an Astrologer is selected by you and a Session is booked via. the App, SelectAstro shall provide you access to consultations with Astrologers, in a manner it may deem fit. Should you choose to proceed with a transaction on the App/ Web with an Astrologer, except as expressly provided in this EULA, SelectAstro will not be a party to such interaction and take no liability arising from such interaction.
      2. During a Session, you shall treat the Astrologer as you would have otherwise treated the Astrologer during a physical one-on-one session. You shall not transact with the Astrologer(s) directly at any point in time, except through the App/ Web or such other manner indicated by SelectAstro. Provided however that SelectAstro shall not be responsible for any interactions between yourself and the Astrologers outside the App.
        During any Session, (i) you shall not share your personal, religious and/or moral views with the Astrologer; and (ii) you shall comply with this EULA and Applicable Laws and shall take utmost care in terms of the Astrology Services being availed.
      3. You hereby undertake and warrant to contact the Astrologer only through the App/ Web and you shall not share or request from the Astrologer any personal contact details including phone number and/or email address or commit any act for contacting the Astrologer directly in any manner.
      4. You hereby expressly grant permission to SelectAstro for recording such Sessions which shall be used for internal evaluation and audit purposes.
      5. You agree and understand SelectAstro is not in the business of providing any advisory and/or consultation services and merely provides the platform for the same and the Astrologers shall remain solely liable for all and/or any advice, communication or consultation provided by the Astrologers to you and SelectAstro shall, in no way, be made responsible or liable for any defect, deficiency, inadequacy resulting from such advice, communication or consultation provided to you by any Astrologer. The responsibility for redressal of any complaints that you may have will always rest solely with the Astrologer. You further acknowledge and accept that SelectAstro shall not be liable for any claims for any losses or damages to you and/or the Astrologers and/or any other third party (as the case may be) in relation to the provision of advisory and/or consultation services provided by the Astrologers to you through the App.
      6. You further agree and understand that (i) the advisory and/or consultation services provided by the Astrologers are solely for entertainment purposes and are not meant as a substitute for professional medical advice or treatment for specific medical conditions; (ii) the Astrologers do not have the expertise to provide you with any medical and/or financial advice; and (iii) the App/ Web shall not be used to provide any advice in relation to medical emergencies, or for any life-threatening decisions. Nothing on the App/ Web provided as part of this Service is intended to suggest a course of treatment for a particular User and the content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The User should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of reliance placed on any content on the App/ Web or any advice provided by the Astrologers.
      7. SelectAstro assumes no responsibility for accuracy and completeness of any information submitted by the Astrologer and made available to you on the App/ Web or otherwise during a Session. SelectAstro shall also not be liable for any errors in the information included in any communication between you and the Astrologer exchanged via. the App.
      8. SelectAstro may, on a best efforts’ basis, mediate or resolve any issue that arises in relation to the provision of services to a User, in a manner it deems fit. Notwithstanding the foregoing, it is expressly clarified that the Astrologer shall at all times be responsible or liable for such advisory and/or consultation services provided to the Users through the App.
      9. You are aware of the risks and accordingly accept the ensuing risks involved in procuring such services from the Astrologers.
    4. You acknowledge, understand and agree that:
      1. SelectAstro’s role in providing you access to the App/ Web is for the purpose of enabling you to avail services provided to you by the Astrologers and access other Services provided by SelectAstro on the App;
      2. SelectAstro merely provides an infrastructure that inter alia enables you to connect with the Astrologers, including without limitation, a technology platform that facilitates provision of advisory services by Astrologers designed to enable you to communicate with such Astrologers;
      3. While SelectAstro makes reasonable enquiries to confirm the veracity of any representations made by the Astrologers on the App, SelectAstro shall not be responsible for any misrepresentation or fraud in this regard;
      4. The provision of Astrology Services on the App/ Web may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. SelectAstro strives to keep the App/ Web up and running; however, all online services suffer occasional disruptions and outages, and SelectAstro isn’t liable for any disruption or loss you may suffer as a result; and
      5. SelectAstro may discontinue some or all of the Astrology Services provided on the App, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.
    5. You agree that SelectAstro shall be entitled to revoke, cancel and expire your access to App/ Web if it comes to our notice that you are in violation of any of the terms of this EULA.
    PAYMENT FACILITY
    1. For the purpose of facilitating the transaction between the User and the Astrologers, SelectAstro has created a virtual wallet (“User Wallet”). The User will be required to maintain a minimum balance in the User Wallet of an amount equivalent to the rate payable to the selected Astrologer for at least 3 (Three) minutes for the Session before booking a Session with such Astrologer. If the balance amount in the User Wallet is insufficient to continue a Session, the User will be given the option to add the requisite amount in order to continue the Session. Payments will be made to the Astrologers using the User Wallet against the services provided by the relevant Astrologer to each User.
    2. SelectAstro may provide Users with certain recharge benefits and coupons from time to time. Details of such benefits and coupons shall be notified to the Users through the App/ Web or through such other means as SelectAstro may deem fit.
    3. The rate of the Sessions undertaken by each Astrologer shall be informed to the User by SelectAstro in a manner it may deem fit. The Users hereby authorize SelectAstro to auto-debit the required amount for a Session from their respective User Wallet.
    4. The App/ Web permits the User to upload money in the User Wallet via. various modes, including online payments through debit/credit cards and internet banking or any other methods adopted by SelectAstro from time to time.
    5. You understand that while availing any of the payment method/s available on the App, SelectAstro will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
      1. Lack of authorization for any transaction(s);
      2. Exceeding the pre-set limit mutually agreed by the User and between bank/s;
      3. Any payment issues arising out of the transaction; or
      4. Rejection of transaction for any other reason(s) whatsoever.
    6. You acknowledge that SelectAstro will not be liable for any damages, interests or claims, losses resulting from or suffered on your User Account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of SelectAstro.
    REFUND POLICY AND CANCELLATION POLICY
    Once a Session is booked and/or completed (as the case may be), no refund requests shall be accepted with respect to deductions made from your User Wallet for the Session. Provided however that you may make a refund request if you are unable to attend a Session owing to any reasons solely attributable to SelectAstro by writing to SelectAstro at customer.care@vama.App/ Web from your registered e-mail address or contacting the customer care at +91 7459819906. SelectAstro reserves the right to honour such refund requests in a manner it deems fit and it is clarified that such refund requests shall be accepted by SelectAstro only in exceptional cases. You agree not to challenge such decision in any manner whatsoever.
    DISCLAIMER OF WARRANTIES
    YOU AGREE AND UNDERSTAND THAT ANY ADVICE AND/OR CONSULTATION PROVIDED BY THE ASTROLOGER THROUGHOUT THE APP/ WEB IS SOLEY FOR EXTERTAINMENT PURPOSES AND IS NOT MEANT AS A SUBSTITUTE FOR SEEKING QUALIFIED PROFESSIONAL HELP. SELECTASTRO AND/OR THE ASTROLOGERS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY CAUSED TO YOU RESULTING FROM YOUR ACTS OR OMISSIONS IN FURTHERANCE TO THE ADVICE AND/OR CONSULTATION WITH THE ASTROLOGERS AND/OR CONTENT MADE AVAILABLE ON THE APP.

    SECTION C

    SPECIFIC TERMS OF PUJA SERVICES

    INTRODUCTION
    1. You should read the General Terms which governs your general use of the App/ Web. Such General Terms including but not limited to Privacy Policy are hereby incorporated by reference into these Specific Terms of Puja Services.
    2. The General Terms read with the Specific Terms of Puja Services and any other agreement that you may enter into with SelectAstro shall define your relationship and mutual expectations while you use these Puja Services on the App/ Web. In order to use the Puja Services on the App/ Web, it shall be your responsibility to comply with both the General Terms, the Specific Terms of Puja Services and any other agreement that you may enter into with SelectAstro.
    3. Unless otherwise specified, all capitalised terms used herein shall have the meanings ascribed to them in the General Terms.
    SERVICES
    1. You, as a User, shall be entitled to use the App/ Web as a platform for (a) booking and experiencing virtual puja for various temples; (b) donating any amount as you deem fit to the Priest; (c) offering food to the deity of the temple (bhog); (d) providing meal for cows (gau seva); (e) booking delivery of puja prasad and any other item which forms part of the puja ritual and as specified by SelectAstro on the App/ Web from time to time; (f) meals for those in need (anna daan) and (g) availing such other services as SelectAstro may deem fit from time to time (“Puja Services”).
    2. The Puja Services can be availed in the following ways: (a) one-to-one puja wherein you will book a slot at your preferred temple and the Priest shall exclusively undertake a puja on your behalf on live camera; and (b) group puja wherein SelectAstro will facilitate a group puja on a special occasion at a specified temple under which a group puja will be performed by the Priest for you along with other users of SelectAstro.
    3. Should you choose to proceed with a transaction on the App/ Web with a temple, except as expressly provided in this EULA, SelectAstro will not be a party to such interaction and take no liability arising from such interaction.
    4. During a puja, you shall treat the Priest as you would have otherwise treated the Priest during a physical one-on-one session. You shall not transact with the Priest(s) directly at any point in time, except through the App/ Web or such other manner indicated by SelectAstro. Provided however that SelectAstro shall not be responsible for any interactions between yourself and the Priest outside the App/ Web.
    5. You hereby expressly grant permission to SelectAstro for storing the recording of such pujas which shall be used for internal evaluation and audit purposes by SelectAstro.
    6. You agree and understand that SelectAstro is not in the business of carrying on the treatment of any specific disease, disorder or ailment, nor does SelectAstro promise to medically improve or alleviate any specific physical/medical condition or address any specific physical condition, or the lack thereof by facilitating the conducting of such Puja Services. You acknowledge that you are not using the Puja Services for the cure of any specific disease, disorder, ailment, or physical/mental condition. You agree and understand that SelectAstro merely provides the platform for facilitating the Puja Services and the temple and/or Priest shall remain solely liable for all Puja Services provided to you and SelectAstro shall, in no way, be made responsible or liable for any defect, deficiency, inadequacy resulting from such Puja Services provided to you by the Priest. The responsibility for redressal of any complaints that you may have will always rest solely with the concerned temple authority or religious institution. You further acknowledge and accept that SelectAstro shall not be liable for any claims for any losses or damages to you and/or the temple authority or religious institution and/or Priest and/or any other third party (as the case may be) in relation to the provision of Puja Services provided to you through the App.
    7. You acknowledge and understand that neither SelectAstro endorses any temple or religious institution listed on the App/ Web nor makes any representations or warranties with respect to quality of the Puja Services being provided by the Priest.
    8. SelectAstro assumes no responsibility for accuracy and completeness of any Puja Services made available to you on the App/ Web and shall also not be liable for any errors in the information provided on the App.
    9. The Puja Services are subject to approval from the respective temple authorities, and it is expressly clarified that SelectAstro shall not be responsible is the Puja Services are not conducted due to reasons attributable to the temple authority or religious institution and/or the Priest.
    10. You acknowledge, understand and agree that:
      1. SelectAstro’s role in providing you access to the App/ Web is for the purpose of enabling you to avail Puja Services facilitated through the App/ Web and provided by the Priests and access such other services provided by SelectAstro on the App;
      2. SelectAstro merely provides an infrastructure that inter alia enables you to connect with the temples and religious institutions, including without limitation, a technology platform that facilitates provision of puja and allied services by the Priests;
      3. SelectAstro reserves the right to accept or reject any request for a Puja Service placed on the App/ Web in part or in full;
      4. In the event the price of a Puja Service is amended by a temple, Select Astro reserves the right to provide the Puja Service to you at an updated price. In the event you wish to not avail the Puja Services owing to the aforementioned revisions, you have the right to cancel the same in accordance with the terms of this EULA.
      5. All Puja Services facilitated through the App/ Web do not involve any kind of animal sacrifice;
      6. Certain temples and religious institutions prohibit photography, videography or live streaming inside the premises of the temple or religious institution for sanctity, security and/or other reasons or such photography, videography or live streaming may not be possible due to network issues at the premises of the temple or religious institution and/or areas surrounding the premises of the temple or religious institution and in such an instance, the videos, photos or live streaming shall not be provided by SelectAstro to you. SelectAstro will not be liable for any losses, costs, expense or damages in such an instance. You expressly waive any right to make any claims of any nature whatsoever on account of such an event;
      7. SelectAstro is not an agent of any temple or religious institution and does not perform the Puja Services through the Priests of the temple or religious institutions. Additionally, SelectAstro is not a temple or religious institution and does not favour or support any particular temple or religious institution. The Puja Services provided on the App/ Web are in no manner discriminatory towards other religions or religious practices and shall not, under any circumstances whatsoever be deemed to be a disrespect of other religions or as favouring any religion over other religions or religious practices;
      8. SelectAstro does not support any particular religion or religious movement or religious philosophy and does not receive any payment from any temple or religious institution. SelectAstro does not promote or support, directly or indirectly, superstition, communal disharmony, fundamentalism, extremism, racism, disrespect to any religion or discrimination towards any cast, creed, colour or section;
      9. SelectAstro is not the official website and/or representative of any temple or religious institution. The total payment made by you to SelectAstro includes temple's official charges, puja samagri items cost, Priests’ dakshina, prasad shipping and online temple service fees (whichever is applicable and has been paid for);
      10. Puja Services provided on the App/ Web are not magical remedies and are not a substitute for any professional medical advice or treatment for specific medical conditions and/or financial advice;
      11. You are availing the Puja Services on the App/ Web out of your free will and discretion and not under any undue influence. You understand that religion is a matter of faith and Puja Services provided on the App/ Web do not guarantee any indicated effects or outcomes;
      12. The description mentioned with the Puja Services are only approximate and there may be a slight variation in the pictures depicted and the respective Puja Services being conducted in real time;
      13. The delivery of puja prasad and any other item depends on the delivery partner as well as on the pin code of the place of the scheduled delivery. SelectAstro shall not be liable for any act or omission of the delivery partner or for any delay in delivery caused due to any reason;
      14. The provision of Services on the App/ Web may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. SelectAstro strives to keep the App/ Web up and running; however, all online services suffer occasional disruptions and outages, and SelectAstro isn’t liable for any disruption or loss you may suffer as a result;
      15. SelectAstro may discontinue some or all of the Services provided on the App, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.
    11. You agree that SelectAstro shall be entitled to revoke, cancel and expire your access to App/ Web if it comes to our notice that you are in violation of any of the terms of this EULA.
  • PAYMENT FACILITY
    1. The App/ Web permits payment via various modes, including virtual payment wallets, online payments through debit/credit cards and internet banking or any other method adopted by SelectAstro from time to time.
    2. While availing any of the payment method/s available on the App, SelectAstro will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
      1. Lack of authorization for any transaction(s);
      2. Exceeding the pre-set limit mutually agreed by you and between bank/s;
      3. Any payment issues arising out of the transaction; or
      4. Rejection of transaction for any other reason(s) whatsoever.
    3. All payments made for Puja Services on the App/ Web by you shall be compulsorily in Indian Rupees. It is expressly clarified the SelectAstro will not facilitate transaction with respect to any other form of currency with respect to the Puja Services availed on the App.
    4. You acknowledge that SelectAstro will not be liable for any damages, interests, claims or losses resulting from or suffered on your User Account arising out of non-processing of a transaction/transaction amount or any delay in processing of a transaction/transaction amount which is beyond the control of SelectAstro.
    5. Security: please do not share your card details, login details, etc. with our employees or officers or any third parties to prevent/avoid any fraudulent use of your credit/ debit and internet banking accounts. any card information provided on the website/app is completely secured. we take reasonable measures to ensure that every profile’s identity and payment details are highly protected.
  • REFUND POLICY AND CANCELLATION POLICY
    Once a Puja Service is booked and/or completed (as the case may be), no refund requests shall be accepted. Provided however that you may make a request for modification 36 (Thirty Six) hours before the scheduled time for the Puja Services. It is being expressly clarified that no refund request shall be entertained by SelectAstro if for unforeseeable reasons the one-to-one puja or group puja is cancelled by the temple or the religious institution. In the event the Puja Service is re-scheduled to an alternative date by the temple or the religious institution, SelectAstro upon prior notification to you may perform the Puja Service on such alternative date and such auspicious time as deemed fit by the Priest. For any refund request, you may write to SelectAstro at [insert e-mail] from your registered e-mail address or contacting the customer care at [insert e-mail]. SelectAstro reserves the right to honour such refund requests in a manner it deems fit and it is clarified that such refund requests shall be accepted by SelectAstro only in exceptional cases. You agree not to challenge such decision of SelectAstro in any manner whatsoever.
  • DISCLAIMER OF WARRANTIES
    YOU AGREE AND UNDERSTAND THAT PUJA SERVICES CAN BE CANCELLED BY SELECTASTRO AND/OR THE TEMPLE OR THE RELIGIOUS INSTITUTION WITH OR WITHOUT PROVIDING ANY REASON AND/OR THE DATE AND TIME OF ANY OF THE PUJA SERVICES CAN BE CHANGED TO ANOTHER DATE AND TIME DUE TO OCCURRENCE OF ANY EVENT THAT IS BEYOND THE REASONABLE CONTROL OF SELECTASTRO AND SHALL INCLUDE, WITHOUT LIMITATION, HAPPENING OF AN UNFORESEEABLE EVENT AT THE PREMISE OF THE TEMPLE OR THE RELIGIOUS INSTITUTION, NON-AVAILABILITY OF THE PRIEST, OVERLY CROWDED PREMISE OF THE TEMPLE OR THE RELIGIOUS INSTITUTION, VISITATION OF THE PREMISE OF THE TEMPLE OR THE RELIGIOUS INSTITUTION BY A SIGNIFICANT PERSON, SABOTAGE, FIRE, FLOOD, EXPLOSION, ACTS OF GOD, CIVIL COMMOTION, STRIKES, LOCKOUTS, RIOTS, INSURRECTION, WAR, ACTS OF GOVERNMENT, FOREIGN OR GOVERNMENTAL ORDER INCLUDING ORDERS OF LOCK-DOWN, QUARANTINE, AN OUTBREAK OF AN EPIDEMIC, PANDEMIC OR OTHER COMMUNICABLE DISEASES, CIVIL DISTURBANCES AND ANY OTHER SIMILAR EVENTS NOT WITHIN THE CONTROL OF SELECTASTRO AND WHICH SELECTASTRO IS NOT ABLE TO OVERCOME (SUCH RESCHEDULED TIME BEING CONSIDERED AUSPICIOUS BY THE PRIEST) AND IN SUCH AN EVENT, SELECTASTRO SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED TO YOU RESULTING FROM SUCH ACTS OR OMISSIONS.