Welcome to Astroenvision. Hari Sharma, the proprietor (hereinafter referred to as the “proprietor”) provide the Service(s) or Product(s) to you subject to the Terms and Conditions of Use mentioned hereinbelow. You may please read, print and save a copy of these Terms and Conditions for your record because Astroenvision shall not save a copy for you.
These Terms and Conditions of Use may be updated/amended from time to time without prior notice to you. You can review the most current version of these Terms and Conditions at any time at: www.astroenvision.com
Terms and Conditions of Use
1) Nomenclature & Expressions:
(i) The Heading and/or the Title of the Clause is only for convenience and has no legal or binding effect.
(ii) The Expression “You” refers to the person accessing, subscribing to, using the Website “www.astroenvision.com” and/or accessing, subscribing to, using, availing, ordering the Service(s)/Product(s) and/or the person who creates/registers an Astroenvision User Account.
(iii) The Expression “User Account” refers to Astroenvision User Account.
(iv) The Expressions “Service” and/or “Services” and/or “Service(s)” jointly and severally refer to accessing, subscribing, using the Website “www.astroenvision.com”, accessing, subscribing to, using, availing, ordering any service or product provided by or made available either at or through “www.astroenvision.com”, or creating or registering a User Account.
2) Offer and Acceptance:
That by providing the opportunity of subscribing to, using or accessing the Website “www.astroenvision.com” and/or accessing, subscribing to, using, availing, ordering the Service(s) and/or creating/registering the User Account, the proprietor makes an offer to you. You accept these Terms and Conditions of Use by subscribing to, accessing and/or using “www.astroenvision.com” or by creating/registering a User Account or by accessing, subscribing to, using, availing, ordering the Service(s).
3) Channels of Service(s):
The Service(s) or any part of it, at discretion of the proprietor may be provided or made available to you through or via various mediums or devices, including but not limited to the World Wide Web, mobile or telephonic communications services such as telephonic conversation, voice message, or short message service, email, web chat or any other social media interface/platform and/or any other Internet or telecommunications services or protocols which hereinafter are collectively referred to as the "Channels".
That it is your obligation to procure maintain secure and update all equipment necessary to use the relevant Channel, including but not limited to a computer, operating software, web browser, modem, router, internet service, mobile phone or any other appropriate access instrument/device/medium. That the cost or expense to procure maintain secure update and/or use such Channel shall be paid and borne by you. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access to the Service(s) by any Channel whatsoever and that if any alteration in the Service(s) or any part thereof requires any change in your hardware, software or other equipment, you must effect such change(s) at your own cost and expense. That you shall be informed of any such alterations in the Service(s) in advance, whether by email or by notices or links to notices on the Service or by other appropriate means of communication.
You shall access the Channels, either directly or through devices that access web-based content and shall pay any service fees or charges associated with such access to the Service(s) and/or Channel(s) in accordance with the applicable payment terms in order to use the Service(s) and/or Channel(s). That such fees, payment terms and terms and conditions pertaining thereto may be changed from time to time and such changes shall be notified to you, whether by email or by notices or links to notices on the Service or by other appropriate means of communication. You acknowledge that certain parts of the Service(s) may be available only via certain Channels. You further acknowledge that the proprietor is not responsible or liable in any way for your access to the Service(s) or your use of any Channels.
4) Proprietary Rights:
You acknowledge and agree that the Service(s) and necessary software or program or module or code or database or data or record or catalogue used in connection with the Service(s) or any part thereof contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that information or data or content contained in the information presented to you through the Service(s) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by the proprietor, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service(s) or programs or modules or codes or databases or data or records or catalogues used in connection with the Service(s) or any part thereof, in whole or in part.
The proprietor grants you a personal, non-transferable and non-exclusive right and license to use the Service(s) on a single computer; provided that neither you yourself nor you allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or program or module or database or catalogue used in or connected with the Service(s) and/or sell, assign, publish, copy sublicense, distribute or lend or grant an interest in or otherwise transfer any right in the Service(s) and/or User Account or any part thereof.
You agree not to modify the Service(s) or User Account or any part thereof in any manner or form, or to use modified versions of the Service(s) or User Account or any part thereof including without limitation for the purpose of obtaining unauthorized access to the Service(s) or User Account or any part thereof.
You agree not to access the Service(s) or User Account by any means other than through the method or interface that is provided by the proprietor for accessing and/or using the Service(s) and/or the User Account. You shall not enable access to the Service(s) or User Account in any manner not authorised by the proprietor.
You shall not circumvent or bypass any technological protection measures in or relating to the Service(s) or software or program or module or code or database or data or records or catalogue used in connection with the Service(s).
You shall not disassemble, decompile, decrypt, hack, emulate, exploit or reverse engineer the Service(s) or software or program or module or code or database or data or records or catalogue used in connection with the Service(s) or any other aspect of the Service(s) that is included in or accessible through the Service(s) and/or the User Account.
You shall not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service(s) or in any way reproduce or circumvent the navigational structure or presentation of the Service(s) or obtain or attempt to obtain any material, document or information through any means not purposely made available through the Service(s).
5) Identification, Registration & Functional Data:
That while and/or for accessing, using, subscribing to, ordering and/or availing of the Service(s), you agree to:-
(i) provide true, correct, complete and current information about yourself as required by/for the Service(s) and/or User Account registration form; such information being the “Registration Data”,
(ii) maintain and promptly update the Registration Data to keep it true, correct, complete and current, and
(iii) provide, feed in or input true, correct, complete and current information while accessing, using, subscribing to, ordering and/or availing the Service(s) as may be required by/for accessing, using, subscribing to, ordering and/or availing the Service(s) and/or as may be required for providing/tendering any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy provided by or included in or made available or generated through/from/under the Service(s); such information being the “Functional Data”.
That in case you provide any information or data that is untrue/incorrect/ incomplete/outdated or in case the proprietor has reasonable grounds to believe that such information provided by you is untrue/incorrect/incomplete/outdated or in case you fail to pay any service fee or charges as mentioned in these Terms and Conditions or in case you violate any provision of these Terms and conditions, the proprietor has the right to suspend or terminate your user Account and refuse/cease any and all current or future use of the Service(s) or any portion thereof without any liability to you.
Notwithstanding the foregoing, the proprietor at its sole discretion may provide you with access, subscription to or usage of Service(s) or some part thereof without you registering as a user or without requiring you to pay the service fee or charges, either in whole or in part, associated with the Service(s) or some part thereof.
By accessing, subscribing, using the Website “www.astroenvision.com”, accessing, subscribing to, using, availing, ordering any service or product made available either at or through “www.astroenvision.com”, or creating or registering a User Account you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by these Terms and Conditions. If you do not know whether you have reached the age of majority where you live, or do not understand this Clause, please do not create a User Account before you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor that creates a User Account, you accept these Terms and Conditions on minor’s behalf and are responsible for supervising your minor child in the use of the User Account or Service(s), including without limitation any purchases, etc.
6) Payment:
In case you access, subscribe to, use, avail, order the paid Service(s) and/or create/register the paid User Account then the payment terms and conditions apply to you and you agree to them:-
Charges: If there is a charge or service fee linked with the Service(s) or any part thereof, you agree to pay that charge or service fee. The price or charge or service fee stated for the Service(s) includes all applicable taxes, unless stated otherwise. You are solely responsible for paying such taxes or other levies or duties or charges. Taxes are calculated based on your location at the time you access, use, order, subscribe to or avail the Service(s) or you register your User Account, unless stated otherwise. The proprietor may suspend or terminate the Service(s) and/or User Account if the proprietor does not receives an on-time, full payment from you. Suspension or termination of Service(s) or User Account for non-payment could result in loss of the content of your account.
7) User Account:
Upon duly completing the Service’s registration process you shall receive a password and an account designation.
You shall be responsible for maintaining the confidentiality of the password and User Account. You shall be fully responsible for all activities that occur under your password or User Account. If the proprietor reasonably believes that your User Account is being used by a third party the proprietor may suspend and/or terminate your User Account.
You agree to immediately notify the proprietor of any unauthorized use of your password or User Account or any other breach of security. You further agree to ensure that you shall exit from your User Account at the end of each session of usage.
Without prejudice to anything contained in these Terms and Condition, the proprietor shall not be liable for any loss or damage which may arise out of your failure to comply with the Clause 7.
8) Usage:
You acknowledge that the proprietor in its sole discretion may establish general practices and limits with respect to the use of Service(s).
Where any part of the Service(s) involves or is provided by the proprietor in conjunction with a third party, you agree to comply with any notices, instructions or directives given by such third party in relation to such part of the Service(s), including your access to or use thereof.
You understand and agree that that the Service(s) may include certain communications from the proprietor such as service announcements, administrative messages and newsletter, and that these communications are considered as part of the User Account and you will not be able to opt out of receiving them.
You shall not interfere with or disrupt the Service(s) or servers or networks connected to the Service(s), or disobey/violate any requirements, procedures, policies or regulations of networks connected to the Service(s).
You agree that you shall evaluate and assess, and bear all risks associated with, the use of any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy included in or provided by or made available or generated through/from/under the Service(s), including without limitation any reliance on the usefulness, merchantability, suitability, reliability, availability, timeliness, quality, accuracy, entirety, continuity, performance, workmanlike effort and fitness for a particular purpose of such opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy.
In this regard, you acknowledge that you shall not rely on any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy included in or provided by or made available or generated through/from/under the Service(s) and shall use your own faculties/skills to assess and/or evaluate the same.
The proprietor reserves the right to modify or discontinue, temporarily or permanently, the Service(s) or any part thereof with or without notice, for any reason whatsoever, whether generally or limited to you only at any time and/or from time to time. You agree that the proprietor shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service(s) or any part thereof.
9) Member/User Posted Content:
The proprietor does not control any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or any other content posted on the discussion forums or threads or comments via the Service(s) and, as such, the proprietor cannot and does not guarantee the accuracy, integrity or quality of the same.
You understand that by using the Service(s), you may be exposed to an opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or content that is incorrect, offensive, indecent or objectionable.
You shall not upload, post or otherwise transmit any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or content that violates any applicable law or violates any right or interest of any person or is unlawful or malicious or harmful or threatening or abusive or harassing or tortious or defamatory or vulgar or obscene or libellous or invasive of another's privacy or hateful or racially or ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions.
You acknowledge that the proprietor cannot and do not pre-screen any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or content, but that the proprietor shall have the right (but not the obligation) in its sole discretion to refuse or move any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or content that is available via the Service(s).
Without limiting the foregoing, the proprietor shall have the right to remove any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or content that it may believe in good faith violates these Terms and Conditions or that has been alleged to infringe any intellectual property or that is otherwise objectionable in its sole opinion, without being liable to you in any way for any loss or damage arising from such removal.
You shall not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, save and except in those places that are designated for such purpose by the proprietor and that too only after obtaining prior permission of the proprietor.
You shall not upload, post, email or otherwise make available or transmit any material/content that contains software viruses or any other computer code, files or programs or modules designed to modify, interrupt, destroy or limit the functionality of the Service(s) or any computer software or hardware or telecommunications equipment.
You shall not collect or store data pertaining to any other users.
You acknowledge that you shall not rely on any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or content uploaded, posted, emailed or otherwise made available or transmitted/published through/under the Service(s), including without limitation any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or content uploaded, posted, emailed or otherwise made available or transmitted/published on discussion forums, threads or comments and in all other parts of the Service(s).
You agree that under no circumstances will the proprietor or its licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or content, including but not limited to any exposure to incorrect, offensive, indecent or objectionable material/content therein or any errors or omissions therein or for any loss or damage of any kind incurred as a result of the use of such opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or content posted, emailed or otherwise transmitted/published via the Service(s).
10) Privacy & Disclosure:
That Registration Data, Functional Data and other information provided by you or otherwise made available to the proprietor is subject to and is regulated by the Privacy Policy. That the Privacy Policy is a part of these Terms and Conditions of Use.
That by providing or otherwise making available to the proprietor the Registration Data, Functional Data and other information, you agree and acknowledge that the proprietor may use or release such information to third parties as stated in the Privacy Policy and that you give consent to such disclosure and/or use of such information by the proprietor or by its affiliates/partners.
You acknowledge and agree that the proprietor may preserve the Registration Data, Functional Data and other information provided by you or otherwise made available and may also disclose the same if required to do so by law or the proprietor in the good faith believe that such preservation or disclosure is reasonably necessary to:-
(i) comply with legal process;
(ii) enforce these Terms and Conditions;
(iii) respond to claims that any data/information violates the rights of third-parties;
(iv) respond to your requests for customer service;
(v) protect the rights and property of the proprietor or other users and the public.
For more information, please see the full privacy policy at www.astroenvision.com
11) Suggestions & Contributions:
That by submitting ideas or suggestions or opinions or documents and/or proposals ("Contributions") to the proprietor through feedback or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) the proprietor is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) the proprietor shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) the proprietor may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of the proprietor without any obligation of proprietor to you; and (f) you are not entitled to any compensation or reimbursement of any kind from the proprietor under any circumstances.
12) Third Party Services & Products:
The Service(s) may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where these products and services of third parties form part of the Service(s), the proprietor may endeavour, but the proprietor is not obliged to, indicate that these products and services are provided by third parties. In all cases your correspondence or business dealings with or participation in promotions of other parties found on or through the Service(s) including without limitation providers of products and services, advertisers and other users of the Service(s), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, even where it is in relation to any product or service that are co-branded with Astroenvision. You agree that the proprietor shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third party, as the result of the presence of such third parties on the Service(s), or as the result of the use of the Service(s) in any way by such third parties.
The Service(s) may provide, or third parties may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that the proprietor has no control over such sites and resources, you acknowledge and agree that the proprietor is not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the proprietor shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information or data or content or goods or services available on or through any such site or resource.
13) Caution For Service(s) Relating To Various Matters:
The Service(s) are provided for informational purposes only and are only suggestive in nature, and the opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy provided by or included in or made available or generated through/from/under the Service(s) is neither intended for any financial, trading or investment purposes nor for any medical purposes nor for any matrimonial purposes nor for any life event purpose, etc., and that you shall consult a relevant and/or requisite qualified/certified professional for the same.
The proprietor and/or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be responsible or liable for the usefulness, merchantability, suitability, reliability, availability, timeliness, quality, accuracy, entirety, continuity, performance, workmanlike effort, fitness for a particular purpose and/or non-infringement of any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy provided by or included in or made available or generated through/from/under the Service(s) or transmitted/published via the Service(s), and the proprietor and/or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be responsible or liable for any decisions based on such opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy.
14) Disclaimer of Warranties:
You expressly understand and agree that:-
(i) Your accessing or use of the Service(s) is at your sole risk. The Service(s) are provided on an "as is" and "as available" basis. The proprietor and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of usefulness, merchantability, suitability, reliability, availability, timeliness, quality, accuracy, entirety, continuity, performance, workmanlike effort, fitness for a particular purpose and non-infringement.
(ii) Without prejudice to the foregoing, you agree and acknowledge that the opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or any other content provided by or included in or made available or generated through/from/under the Service(s) are based on the information and data provided by you.
(iii) That the opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or any other content provided by or included in or made available or generated through/from/under the Service(s) whether oral or written or graphical are merely suggestive in nature.
(iv) The proprietor and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that:-
(a) The Service(s) will meet your requirements
(b) The Service(s) will be useful, uninterrupted, timely, secure, or error-free,
(c) The Service(s) will be accessible at any time or at all times via the channel selected or used by you
(d) The opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or any content or advertisements (hereinafter collectively referred to as the "materials") provided or contained on, distributed through, or linked, downloaded or accessed from or through or under the Service(s), or the opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy provided by or included in or made available or generated through/from/under the Service(s), will be accurate or reliable.
(e) The quality of any product(s), service(s), information or other items displayed, purchased or obtained by you through or in connection with the Service(s) will meet your expectations and/or requirements.
(f) Any errors in the website “www.astroenvision.com” or software or program or module or code or database or data or records or catalogue used in connection with the Service(s) or any part thereof and/or the Service or any part thereof will be corrected.
(g) Any updates to the Service(s) or any part thereof would be made available.
(h) The proprietor will support the type/version of the computer or operating system or any other access device for which you licensed the Service(s) and/or User Account.
(v) Any material downloaded or otherwise obtained through the use of the Service(s) is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that results from the downloading or obtaining of any such material.
(vi) Any reliance upon or use of any Service or material(s) shall be at your own discretion and risk. The proprietor reserves the right, in its sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the Service(s) or material(s). The materials are provided or made available by the proprietor on an as - is basis and the proprietor expressly disclaim any and all warranties of usefulness, merchantability, suitability, reliability, availability, timeliness, quality, accuracy, entirety, continuity, performance, workmanlike effort, fitness for a particular purpose and non-infringement, with respect to any of the material(s) or the product(s) or Service(s).
(vii) No opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or any other content/material provided by or included in or made available or generated through/from/under the Service(s) or obtained by you from the proprietor and/or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees or through or from the Service(s) shall create any warranty not expressly stated in these Terms and Conditions.
15) Limitation of Liability:
You expressly understand and agree that the proprietor and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable 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 the proprietor and/or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees, as the case may be, have been advised of the possibility of such damages, resulting from:-
(i) The Service(s), the materials and the product(s)
(ii) The use or the inability to use the Service(s)
(iii) The cost of procurement of either substitute or non-substitute services or products resulting from any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy or any content/material or advertisements made available or provided by or included in or obtained through or from or under the Service(s) and/or or purchased or obtained or transacted through or from or under the Service(s)
(iv) Unauthorized access to or alteration of your transmissions or data
(v) Statements or conduct of any third party on the Service(s)
(vi) Any goods or services received using the Service(s); or
(vii) Any other matter relating to the Service(s) or the materials or the products.
Without prejudice to the foregoing, you agree that the maximum liability of the proprietor and/or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees relating to Service(s) rendered or Products supplied, regardless of form of action, whether in contract, negligence or otherwise, shall in no event exceed the service fees or charges paid to the proprietor for the portion of the Service(s) or Products giving rise to liability and that in no event shall the proprietor and/or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees be liable for consequential, special, incidental or punitive loss, damage or expense including without limitation, lost profits, opportunity costs, etc. even if the proprietor and/or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees have been advised of their possible existence.
16) Exclusions & Limitations:
You acknowledge and agree that the disclaimers and exclusions of liability set forth in Clause 14 and 15 represent a fair and reasonable allocation of the risks and benefits of the agreement between you and the proprietor, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to the proprietor. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
17) Privity of Agreement:
You agree that, save and except as expressly provided in these Terms and Conditions, there shall be no third-party beneficiaries to this Agreement.
18) Indemnity:
You agree to indemnify and hold the proprietor and its licensors, suppliers, vendors, parent, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, action, demand, including reasonable legal fees, made by any third party due to or arising out of any opinion or suggestion or advice or representation or recommendation or information or data or result or report or remedial measures or remedy made available or tendered or provided by you whether by making available through or from the Service(s) or by your use of the Service(s) or by your connection to the Service(s), or by your use of any Channel(s) or by your violation of these Terms and Conditions or by your violation of any right of any other person or your violation of any applicable law or by any act/omission which may be ascribed to you.
19) Termination of Service:
You agree that the proprietor, in its sole discretion, may suspend or cease or terminate your password, User Account (or any part thereof) or use of the Service(s), and remove or move or discard any information or data or material or content within the Service(s), for any reason, including without limitation if the proprietor in its sole opinion, believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. The proprietor in its sole discretion may also at any time suspend or cease or discontinue providing the Service(s) or any part thereof with or without notice, whether for selected or all Channels. You agree that the suspension or ceasing or termination of your access to the Service(s) or any part thereof or User Account or any part thereof under any provision of these Terms and Conditions may be effected without prior notice. You acknowledge and agree that the proprietor may immediately deactivate or delete your User Account and all related information or material in your User Account and/or bar any further access to such information or material or Service(s). Further, you agree that neither the proprietor nor its licensors, suppliers, vendors, parent, subsidiaries or related companies, affiliates, officers, agents, co-branders or other partners or employees shall be liable to you or any third-party for any suspension or ceasing or termination or deactivation of your access to the Service(s) and/or User Account or any part thereof.
20) Trade Marks:
You agree that all of the Astroenvision trademarks, trade names, service marks and other Astroenvision logos and brand features, and Astroenvision service and product names are trademarks and property of Hari Sharma, the proprietor and you agree not to display or use such marks in any manner without proprietor’s prior permission.
21) Rights of Third Party:
You acknowledge that proprietor’s licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees are, where applicable, intended to be third party beneficiaries of Clause No. 4, 9, 14, 15 and 16. You also acknowledge that proprietor’s co-branders and other partners are intended to be third party beneficiaries of Clause No. 9. You agree that proprietor’s licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees and/or proprietor’s co-branders and other partners may each enforce, severally and in its own right, the provisions of Clause No. 4, 9, 14, 15 and 16 as applicable, to the extent and in the manner set out or envisaged in the foregoing but to no further extent and in no other manner.
22) Non-Transferability:
You agree that your User Account is non-transferable and you shall not sell, assign, sublicense, lend or transfer your User Account in any way to any third Party and that your User Account is non-inheritable.
However, if a user who has subscribed to, availed, or ordered the paid Service(s) and/or has created/registered the paid User Account dies before fully utilizing/consuming such paid Service(s) and/or paid User Account, in such a case the proprietor at its sole discretion may refund to such person as may appear, after appraising the Death Certificate, Succession Certificate and any other document, to its satisfaction, to be entitled to receive the same as heir or legal representative of the deceased user upon such person executing an appropriate deed of indemnity in favour of the proprietor, such amount which may be calculated on prorate basis with respect to the unexpired period or unconsumed quantum of the paid Service(s) and/or paid User Account; provided such person produces the requisite Death Certificate, Succession Certificate and any other document within the period during which such paid Service(s) and/or paid User Account is still valid and accessible.
23) Entire Agreement:
These Terms and Conditions of Use constitute the entire agreement between you and the proprietor. These Terms and Conditions govern your use of the Service(s) and/or User Account, and supersede any prior understanding or agreement between you and the proprietor and any previous statement or representation from either party to the other party. These Terms and Conditions do not apply to any third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service(s) which may be provided to you by the proprietor and/or its licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
24) Governing Law and Jurisdiction:
These Terms and Conditions of Use and the relationship between you and the proprietor shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and the proprietor hereby agree to submit to the personal and exclusive jurisdiction of the Courts located at New Delhi, India.
25) Waiver and Severability:
The failure of the proprietor to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties' intentions as reflected in such provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
26) Notice:
Notices to you may be made via either email or regular mail. The service may also provide notices of changes to these Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Service(s). You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service(s), will constitute sufficient and adequate notice to you of the matters contained there in.