“User” shall mean and include individuals, associations, companies, partnership institutions, organizations, entities, whether registered or not, who have approached Us through our Site to check our services or product as displayed on the Site.
“Member” shall mean and include only those Users who have registered themselves with JyotiṣVāstu Academy.
“Website” shall mean web page/pages that are produced by JyotiṣVāstu Academy and can be visited by search through www.jyotisvastuacademy.org
“Application” shall mean an application through which the User/Member can use, access and receive the services of JyotiṣVāstu Academy.
“Personal Identifiable Information” shall mean information such as full name, address, date of birth, telephone number, e-mail address, gender, photo, location.
Sumeru Inc. and Sumeru Global technology (operating under the brand name JyotiṣVāstu Academy), is an online platform which provides Astrology and Vastu related information to its Users. JyotiṣVāstu Academy aims to create an organization centric to spiritual, Vedic, strong research foundation and welfare of society and anyone who takes and gives the consultation. We offer comprehensive Jyotiṣ and Vāstu consultations, training and research. Moreover, through advanced statistical research methods and technology, our research team diligently tests recommendations of the scriptures, establishing powerful tools that are relevant to a modern lifestyle.
A User can avail the services online using a secure browser or through the Application. We generally provide paid-services, but some of the services are provided free of cost only to our registered Users. To avail paid services, the User needs to register himself/herself with JyotiṣVāstu Academy by providing Information which should be true and accurate to the best of his/her knowledge. The User also has the option of updating the information as and when required. The following information helps Our Website to make accurate predictions about the User.
The Website is an internet-based portal having its existence on World Wide Web/ Application and other electronic mediums and provides content, reports, data, telephone, video and e-mail consultations related to Astrology, Vastu, training and services. The Website is offering two types of services - “Free Services” and “Paid Services” (also referred to as “Services'' hereinafter). Free services can be availed without becoming a Member, but for availing personalised astrological or Vastu services and for receiving or viewing additional content, one needs to become a Member. By registering for paid services, a Member agrees to:
A User can become a Member of JyotiṣVāstu Academy by registering himself/herself via Website or Application. The Member will have to fill in the registration form online and shall provide with full name, address, date of birth, telephone number, e-mail address, gender, photo, location and other relevant Personal Identifiable Information to become a Member of JyotiṣVāstu Academy. Once a User becomes a Member, he/she will be entitled to receive the benefits and offer that are exclusively available for a Member. A Member shall keep his/her profile updated to get the accurate predictions and shall also give relevant feedbacks and comments for the service availed or products purchased. All the Personal Identifiable Information of the Members is securely kept and is presented in encrypted form.
A Member shall also provide banking details when availing a service or purchasing a product, all the payment are done on a secure network so that no information is leaked during the payment process. JyotiṣVāstu Academy takes all the necessary precautionary steps in keeping the data of the Members safe and secure from third-party.
When a User becomes a Member, he/she agrees to the terms and conditions for using JyotiṣVāstu Academy.
Any changes made in the terms and conditions shall be updated on the Website as well as on the Application and the User or the Member will get a notification regarding the amendment which was made to the terms and conditions. If the User/Member continues the use of the Website or Application, it is assumed that he/she has agreed to the updated terms and conditions.
A Member may stop using the Website or the Application by deactivating the account or discontinuing use of services and purchasing of products. JyotiṣVāstu Academy may also suspend or terminate Member's account or cease all or a part of Services at any time and for the reasons including but not limited to -
In all the above-mentioned cases, JyotiṣVāstu Academy may terminate the account of the Member without even giving a prior notice to that Member.
User/Member understand and agree to use the Website/Application only for the purpose of checking or buying products or availing services displayed on the Website/Application and not for any other commercial purpose/ any fraudulent or unlawful purpose/harmful or attempting to harm any Person/ repute of any Person (including minors and/or vulnerable adults).
The Website/Application may update/amend/modify these Terms and Conditions from time to time. The User agrees to remain in compliance with these terms.
All the accounts created on JyotiṣVāstu Academy shall be accessible by Us, the information of all the Members is kept with us taking all the reasonable precautionary measures so that all that data is kept safe with Us and no third-party is able to access that data. This data is used by JyotiṣVāstu Academy to provide the Member with personalised experience as well as with offers and benefits on our Website or Application. JyotiṣVāstu Academy shall also be able to access the data of the User or Member so that the team at JyotiṣVāstu Academy can look into the matter whenever any complaint from Our Member or User is filed. By creating an account or using the Website and Application, the User/Member gives consent to use and store the relevant data provided by him/her.
The Website will have the access to account and all the information put in by the User on this Website so that the User will be provided with high-quality services and also for addressing the need of the customer in the most effective manner. User hereby gives consent for access of the account by the Us or other appointed person in such regard. For any complaints and any suspected abuse, the Website shall investigate on a case-to-case basis from the records which are available. The User is directed to read the Terms and Conditions before using the Website or the Application
The data provided by Our existing Users and Members stay with us for a certain period after the termination of membership. This data is kept with us for quality and training purposes. This data is stored with Us keeping in mind the reasonable security measures so that no data is leaked or misused by any third-party.
The Website may, in whole or in part, notify the User, modify, discontinue, change or alter the services ordered or the Account of the User registered with the Website. The Website may or may not issue notice or provide any reason for such action taken by the Website.
The User of the Website/Application shall be under the obligation to not violate the terms and conditions of JyotiṣVāstu Academy. If any User shall be found violating the terms and conditions then he/she shall be restricted from using the Website or the Application for a permanent or temporary period of time which shall be decided by JyotiṣVāstu Academy. The following shall be termed as violation of terms and conditions.
The User (inclusive of the astrologer and the Member Customer) under an obligation not to violate the privacy policy, terms and conditions and any other terms as defined on the Website.
The User shall while using the Website and engaged in any form of communication on any of the forums inclusive of the products listed on the Website shall not violate the terms and conditions.
The User is under the obligation to provide the banking details as and when required for the following reasons -
The Website/Application does not provide warranties for the services provided on the platform. Astrological/Vastu counseling provided through our Website/Application is based on cumulative or individual knowledge, experience and interpretations of astrologers and as such, it may vary from one astrologer to another. We are offering services through a diverse panel of Astrologers duly verified by JyotiṣVāstu Academy and such Service Provider/s (Consultant/s) may from time to time make recommendations of using mantras, jantras, gemstones or other astrological remedies to be used by User/Member. Such recommendations are being made in good faith by the consultant, and the site makes no warranty that the service will meet requirements.
No medical advice or health advice is provided by our Consultants, if any such requests are raised by the User/Member, our astrologers will politely refuse. We do not take any responsibility for any untoward incident that may happen with the User after seeking the Service. Our services are only for guidance and do not guarantee results, hence we do not take any responsibility for any event which happens after consulting with our service provider on our platform. It is purely at the risk of User/Member.
THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE/APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
JyotiṣVāstu Academy MAY MAKE IMPROVEMENTS OR CHANGES TO WEBSITE/APPLICATION AT ANY TIME. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE/APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ON “AS IS” AND WHERE IS BASIS WITHOUT WARRANTY OR GUARANTEE OR CONDITION OF ANY KIND. JyotiṣVāstu Academy AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OFFICE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF WEBSITE/APPLICATION, WITH THE DELAY OR INABILITY TO USE THE WEBSITE/APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE/APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF WEBSITE/APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JyotiṣVāstu Academy OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE/APPLICATION, OR WITH ANY OF THESE TERMS OF USE, USER'S/MEMBER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OF THE SITE.
THE CONTENTS DISPLAYED ON THE WEBSITE/APPLICATION ARE TARGETED FOR MATURE AUDIENCE.THE OBJECTIVE OF THE WEBSITE/APPLICATION IS NOT TO HURT ANY SENTIMENTS OR BE BIASED IN FAVOR OF OR AGAINST ANY PARTICULAR PERSON, SOCIETY, GENDER, CREED, NATION OR RELIGION. KINDLY DO NOT BROWSE THROUGH THE ARTICLES, JyotiṣVāstu Academy AND BLOGS IF YOU BELIEVE THAT CERTAIN KINDS OF CONTENT MAY BE OFFENSIVE TO YOU. VIEWING ANY CONTENT OF THE WEBSITE/APPLICATION IS A CONSCIOUS CHOICE OF THE USER/MEMBER AND SHALL NOT BE THE RESPONSIBILITY OF JyotiṣVāstu Academy. WE RECOMMEND THAT UNLESS YOU ARE COMPLETELY CONVINCED, DO NOT READ OR PARTICIPATE ON JyotiṣVāstu Academy OR AVAIL ANY OTHER SERVICES OF THE WEBSITE/APPLICATION.
The prices are mentioned on the Website/Application based on the effort, efficiency and the output of the service and product. Consultation services of various types have set prices, and these prices are clearly presented on our Website/Application. The prices mentioned on our Website/Application are the final prices after any deduction of sale, taxes etc. We work hard to ensure the accuracy of pricing. Despite our efforts, pricing errors may still occur. If a service's or product's price is higher than the price displayed, we will cancel the booking and notify the User/Member of the cancellation.
User's/Member's card/bank account will reflect the sale to JyotiṣVāstu Academy Private Limited.
Our services may be made available or accessed in connection with Third party services and content (including advertising) that We do not control. User/Member acknowledge that different terms of use and privacy policies may apply for use of such Third Party services and content. We do not endorse such Third Party Services and content, and in no event shall We be held responsible or liable for any products or services of such Third Party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract. If User/Member access our services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These Third Party beneficiaries are not parties to these Terms and are not responsible for the provision or support of Our Services in any manner. User/Member access to Our Services using these devices is subject to terms set forth in the applicable Third Party beneficiary's terms of service.
Additionally, some of Our services are supported by advertising revenue. In consideration for granting User/Member access to and use of the Services and/or product, User/Member agree that We may place such advertising on the Services. The Services may allow User/Member to link to other Websites or resources on the Internet, and other websites/sites or resources may contain links to Our Website and Our Services. These other websites/sites are not under Our control, and the User/Member acknowledges that We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these websites/sites or other online resources. The inclusion of any such link does not imply endorsement by Us. The User/Member further acknowledges and agrees that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
The User agrees to indemnify and hold harmless and defend JyotiṣVāstu Academy, JyotiṣVāstu Academy's Members, consultants and other employees from and against all claims and suits by third parties for damages, injuries to person, property damages, losses, and expenses including court costs and reasonable attorney's fees, arising out of, or resulting from, User's performance under these Terms and Conditions. Any User, if found liable, shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction.
The User/ Member agree to defend, indemnify, irrevocably and unconditionally, within a period of 10 (ten) days from the occurrence of any loss/damage/injury/ pronouncement of decree by the court of competent jurisdiction, hold JyotiṣVāstu Academy harmless as a continuous obligation from and against all claims (including without limitation claims from other users and all other Third Party claims), actions, suits, demands, damage, obligations, settlements, judgments, service liability claims and all costs, charges, expenses, losses and damages (including without limitation reasonable attorneys' and other professional advisors' fees, costs and expenses) incurred or suffered or caused to or sustained by Us by reason of:
JyotiṣVāstu Academy allows User/Member to upload and submit Information/ data. User/ Member alone are responsible for the Information on Our Website/Application uploaded, stored, sent to, processed, advertised, submitted etc. by User/ Member, and once processed; User/ Member Information cannot always be withdrawn. User/ Member assume all risks associated with the Information, including anyone’s reliance on its quality, accuracy, details, reliability and/or any disclosure of information in the User's/ Member's Information that makes User/ Member personally identifiable. User/ Member represent that they own, or have the necessary permissions to use and authorize the use of User/ Member Information as described herein.
When User/ Member upload, submit Information through use of Our services, User/ Member give Us (and those We work with), a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes We make so that User’s/ Member’s Information works better with Our Website/Application), communicate, publish, share publicly, display, filter, flag, distribute and/or remove such Information. The rights User/ Member grant in this license are for the limited purpose of operating, promoting, conducting, continuing and improving o\Our services, and developing new ones
User/ Member may expose to liability if, for example, User/ Member Information contains material that is false, intentionally misleading, defamatory; violates any Third-Party right including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech, pornography etc.; exploits or otherwise harms minors/any other person; or violates or advocates the violation of any central, state and/or international laws, rules and/or regulations.
You acknowledge and agree that JyotiṣVāstu Academy owns all legal rights, titles and interests in and to the Website/Application, including any intellectual property rights which subsist in the Website/Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). These rights shall include, but not be limited to, art work, innovative technique based on art, know how, records, procedures, brands, trademarks, copyright, computer programs, circuit lay-outs, patents, designs, business names, trade secrets, innovative questionnaire methods used by JyotiṣVāstu Academy. The same should not be shared, published or used in any manner without Our prior written permission. We take protection of intellectual property, both Our own and others, very seriously. We therefore employ measures to prevent any infringement and to promptly end any infringement that might occur.
You further agree to keep in confidence and not to disclose or use for Your own benefit or for the benefit of any Third Party or for no benefit at all (except as may be required for the performance of services under these Terms or as may be required by law), any Information, documents and/or materials that are specified/marked as confidential or are reasonably considered confidential regarding JyotiṣVāstu Academy, its businesses, customers, clients, suppliers, or methods of operation, and You shall also take such reasonable care to protect such Information as You would have taken if the Information was Your own property. The User acknowledges that the content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or distributed via email, commercially produced information presented to the Member by the Website, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. The User is not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by the Website, its suppliers, or advertisers. Moreover, the content such as images, text, designs, etc. on all the portals of the Website are taken from various online portals such as Google Images. JyotiṣVāstu Academy shall not be liable for any copyrights of that content or data.
Except as otherwise specified in these Terms and Conditions, all notices, permissions and approvals here under shall be in writing and shall be deemed to have been given upon: (i)personal delivery, (ii)the second business day after mailing, or (iii)the first business day after sending by email provided email shall not be sufficient for notices of termination or an identifiable claim. All other notices to Customer shall be addressed to the relevant Service system administrator designated by Customer.
This Agreement shall be governed and construed in accordance with the Applicable Laws of India and the country of residence of the User/ Member any dispute between the two laws shall be superseded by Indian Laws and courts. These Terms are governed by and construed in accordance with the Applicable Laws of India, it is deemed that the User/ Member, as We do, agree to be subject to the jurisdiction of courts in the city of Mumbai, Maharashtra only.
Any dispute, controversy, difference of opinion or claim (hereinafter referred to as “Dispute”) arising between the User/ Member and JyotiṣVāstu Academy shall be resolved mutually by engaging in a good faith negotiation to resolve the dispute. In case the dispute is not settled within fifteen (15) days of such good faith negotiation, it shall be referred to arbitration. In the event wherein the dispute is referred for arbitration:
A sole arbitrator shall be appointed by the Parties with mutual consent. If there is a difference and lack of consensus on the nomination of a sole arbitrator, then each Party shall nominate its respective arbitrator, and such nominated arbitrators shall nominate a third arbitrator by mutual consent to form a three-member arbitral tribunal.
The arbitration shall be conducted in accordance with Arbitration and Conciliation act 1996. The venue of such arbitration will be Mumbai and the language of the arbitration shall be English. The award of the arbitrator shall be binding upon both Parties. The cost of the Arbitration will be borne by both the Parties equally.
The User/ Member acknowledge and agree that We are not liable for any loss or damage which may be incurred by the User/ Member as a result of the availability of any external websites, applications or resources, which may appear on Our Website/Application by way of advertisement or otherwise. Any reliance placed by the User/ Member on the completeness, accuracy or existence of any such products/ services or other materials on, or available from, such websites, applications or resources is completely the User's/ Member's responsibility as We are not connected to such advertising or other material in any manner whatsoever.
The Member /User agree that no joint venture, partnership, principal-agent and/or employment relationship exists between the User/ Member and JyotiṣVāstu Academy as a result of these Terms or use of JyotiṣVāstu Academy.
Fictitious names of companies, products, people, characters, and/or data mentioned on a Website/Application are not intended to represent any real individual, company, product, or event.
If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the User/ Member and JyotiṣVāstu Academy intention or eliminated to the extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable and the User/ Member shall remain bound by the updated Terms.
Pacta sunt servanda: Agreement must be kept: This Agreement between the User/ Member and JyotiṣVāstu Academy contains clauses which serve as law between the User/ Member and JyotiṣVāstu Academy, and the non-fulfillment of respective obligation constitutes a breach of the Terms.
Any rights not expressly granted herein are reserved.
If the User/ Member have any doubts/queries about these Terms, kindly get in touch with Us by emailing or calling us (details provided on the Website).
By clicking the accept button/option in this agreement window or by visiting this website, the User/ Member unconditionally consent to be bound by these Terms. Such an action is the symbol of the User/ Member signature that they have fully read and understood and are consenting to be bound by and are becoming a Party to these Terms contained herein and agree that this agreement is enforceable like any written negotiated agreement which is read, understood and signed by the User/ Member.
