Terms of Service
Effective Date – June 30, 2023
NodeChakra LLP’s (hereinafter “NodeChakra”) mission is to provide Astrology services, counselling and guidance.
The following Terms of Service lists the specific terms and conditions that will apply when you use NodeChakra’s Platform (as described below). You hereby agree to be bound by these terms and conditions and in case you don’t agree to all the terms and conditions set out below, you must not use the Platform. Please read these Terms of Service and our Privacy Policy very carefully before using NodeChakra’s Platform for any purpose.
You acknowledge and agree that the NodeChakra’s Privacy Policy will apply to you when you use the Platform. Our Privacy Policy explains how we use, store, collect, disclose your personal information along with your rights and choices concerning your information. You must not use the Platform in case you do not agree with the ways we use your personal information in our Privacy Policy.
Please note that “NodeChakra,” or “we,” “our,” or “us” in these Terms of Service means NodeChakra LLP and all other Affiliate entities. NodeChakra LLP is located at Cabin Number 3, 1st Floor, C-8, Sector 2, Noida, Uttar Pradesh- 201301. In all cases, “NodeChakra,” “we,” “our,” or “us” includes agents, consultants, employees, officers, and directors. Please note that “You”, “Your”, “User”, “Member” or any similar connotation in these Terms of Service means the person using NodeChakra’s Platform and the services provided on the Platform.
1. DEFINITIONS
“Account” means an account you create on our Platform.
“Miscellaneous Terms” means any other rules related to specific services and which apply to your use of those specific services and state they are part of these Terms such as platforms and APIs, applications for mobile devices, forums, contests, or subscriptions.
“Platform” means our services, content, applications including mobile applications, software, APIs, website i.e., www.NodeChakra.com, other domains or websites operated by NodeChakra, or any other electronic medium or products including astrological content.
“Terms of Service” or “Terms” means the terms of service described in this document.
“User Content” means all the data that you create, upload, generate or transmit on or through the Platform including but not limited to your profile picture, or any other content authored or designed by you and your video chat.
“Affiliate Entities” means NodeChakra’s subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers, and directors. It also includes NodeChakra’s and its affiliate entities third-party content providers, distributors, licensees, or licensors.
2. CHANGES TO THESE TERMS
NodeChakra reserves the right to change, modify, add, or remove portions of the Terms of Service at any time and at its sole discretion. The amended Terms of Service may be posted on NodeChakra’s Platform. Any material changes may also be additionally notified through an e-mail message or messaging within the Platform. All the changes will be effective when posted, unless we state otherwise. Any new versions of these Terms of Service and other policies, rules or codes, will be accessible at www.nodechakra.com or from within the Platform. In the event that you continue to use the Platform after the changes are posted, you automatically agree that the changes apply to your continued use of the Platform.
No changes can be made to the Terms of Service unless a written amendment is signed by you and NodeChakra.
In the event of a dispute, the Terms of Service version applicable would be the version in effect at the time NodeChakra received actual notice of the dispute.
In case of a conflict between any provisions or information of these Terms of Service/Privacy Policy with other NodeChakra’s terms or policies, these Terms of Service and the Privacy Policy as applicable shall govern.
3. GENERAL DESCRIPTION
NodeChakra has its existence on World Wide Web including websites, Mobile Applications, Software, APIs, and other electronic medium and provides astrological content, gemstone consultancy, reports, data, telephone, video and email consultations. NodeChakra offers “Free Services” and “Paid Services”. Free Services are easily accessible without becoming a Member, however for accessing the personalized astrological services and/or receive additional content and get access to Paid Services, You are required to register as a Member on the Platform. By registering for Paid Services, a Member agrees to:
To provide current, complete, and accurate information about the Member as prompted to do so by the Platform.
To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete.
4. ACCOUNT INFORMATION AND SECURITY
You will be required to create an Account and select a password to register and become a Member for using the Platform. We may also require personal information such as your full name, birth details, contact details including e-mail address, and, in some cases, payment information. We confirm that all the information obtained from you will be used and held in accordance with our Privacy Policy.
You agree and confirm that all the information you provide will be complete and up-to-date especially your contact details.
NodeChakra will not be responsible for maintaining the security of your Account and such responsibility lies entirely with you. We do not recommend you to share your personal and Account details with anyone else except yourself or allow anyone else to use or access your Account. All acts performed through your Account will be treated as being performed by you only and hence you fully accept the responsibility for all acts committed or done using your Account, whether or not authorized by you, including any purchases made using any payment method registered or authorized by you (for example, credit card). In case someone else uses your Account and any losses occur to NodeChakra or any other user of the Platform, you will be held fully liable for any such losses incurred by NodeChakra or any other user of the Platform.
NodeChakra expects to be informed immediately in case you become aware of any actual or suspected theft, loss, fraud, or any unauthorized use of your Account or password.
5. USING OUR PLATFORM
a. Who can use our Platform
NodeChakra wants everyone to use the Platform, however, there are certain restrictions on who can use our Platform.
You may not use our Platform:
· If you cannot legally enter into a binding contract with us under Indian Contract Act, 1872.
· If you are under 18 years of age. In such cases, you must not use our Platform, and you must not create an Account, or submit personal information (such as your name, address, telephone number, or email address) in the Platform.
· If you are a convicted sex offender.
· If you have been banned previously from using the NodeChakra’s Platform, unless NodeChakra has reversed that ban, in its sole discretion.
You confirm that you are above the age of 18 years and the Platform would not be held responsible for any misuse that may occur by virtue of any person including a minor using the services provided through the Platform.
The Platform does not permit the use of the services by any User under the following conditions: -
If the User is a resident of any jurisdiction that may prohibit the use of the services rendered by the Platform.
If the User is a resident of any State/Country that prohibits by way of law, regulation, treaty or administrative act for entering into trade relations or due to any religious practices.
If the User has created multiple accounts using various mobile numbers. The User may not have more than one active account with the Platform.
b. Additional Important Rules and Terms
You are required to follow all other Miscellaneous Features that may apply whenever you use our Platform. In addition to these Terms, please read the Privacy Policy as they are important and will be applicable accordingly. You are required to comply with any third party’s terms of service as well as these Terms in the event you access or download NodeChakra’s Platform from the third party’s network or platform.
c. Accessing our Platform
In order to access our Platform, you need to create an Account with us. NodeChakra will only provide the Platform. To use the Platform, you will need the equipment such as computer, phone, tablet, etc. and pay any necessary fees to connect to the app stores and Internet, and for data or cellular usage.
You agree that NodeChakra’s Platform is not designed, intended, or implied to diagnose, treat or prevent any condition or disease, or to ascertain the state of your health, or to be a substitute for professional medical care. You understand that activities described and available on the Platform are not suitable for everyone. We recommend that the Platform should not be used while driving or performing any other tasks that requires attention and concentration. You understand that any prediction or other message that you receive is not a substitute for advice, programs, or treatment that you would normally receive from a licensed professional such as a lawyer, doctor, psychiatrist, or financial advisor. Accordingly, NodeChakra provides no guarantees, implied warranties, or assurances of any kind, and will not be responsible for any interpretation made or use by the recipient of the information and data mentioned above.
d. Service Changes and Limitations
We may from time to time make you update the Platform or your software. You will be required to accept these updates to the Platform as well as to the Terms of Service, and our Privacy Policy. The updates may be performed remotely without notifying you, including to NodeChakra’s software residing on your computer or mobile device.
Your right to use the Platform or any part of the Platform is reserved with NodeChakra and we may at any time stop to offer and/or support the Platform, either permanently or temporarily. In such an event, your right to use the Platform or any part of the Platform will be terminated or suspended automatically and NodeChakra will not be required to provide benefits, refunds, or other compensation to you in connection with discontinued elements of the Platform.
NODECHAKRA MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE PLATFORM OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR PLATFORM, AND THEIR CONTENT, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND NODECHAKRA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.
e. Deleting your Account
At any time, you may stop using our Platform or request that we delete your
Account by following the instructions in our Privacy Policy. We are not required to provide refunds, benefits, or other
compensation if you request deletion of your Account, unless applicable laws of
India requires otherwise.
6. OWNERSHIP; LIMITED LICENSE
a. Our Platform
NodeChakra Platform is comprised of works that are owned or licensed by NodeChakra and they are protected by patents, trademarks, copyrights, trade dress, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. Any right, title, or interest in the Platform or any content in the Platform is not granted by these Terms to you or any other party.
Subject to these Terms, and as long as you abide by these Terms, Miscellaneous Features and any other rules, you may use the Platform for your own non-commercial purposes. You agree not to use the Platform for any other purpose and agree that NodeChakra will bear no liability to you or any third party for any damage or loss arising from unauthorized uses of the Platform.
We may take action against you, if you breach these Terms, or any of our other terms that apply to you. Such action may include, but not limited to, terminating your account. In addition, you may be breaking the law, including breaches or violations of NodeChakra’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE PLATFORM, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY NODECHAKRA’S PLATFORM, IS A BREACH OF NODECHAKRA’S POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
b. Your Account
Your Account, regardless of any other statement in this Terms of Service that apply to features you may choose to use, is not your property. You do not own any Account that you create on our Platform, including in our applications, and astrological products and services. Your Account is owned by NodeChakra. NodeChakra only gives you a limited license and right to use your Account.
WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS IN ORDER TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR PLATFORM.
c. User Content
You may transmit, upload, publish or post User Content on the NodeChakra Platform, and in doing so, you agree that:
1. it will be accurate;
2. it will be non-confidential;
3. it will not be in violation of any law;
4. it will not be in violation of any contractual restrictions or rights of other parties, and that you have acquired requisite permission to use the User Content from the other party whose intellectual property or other information is contained within the User Content;
5. it will be free from any worms, spyware, viruses, adware, worms, or other malicious code; and
6. the platform will not be used for any commercial purposes by the User.
You are solely responsible for backing up and securing your User Content as they will be processed by NodeChakra in accordance with NodeChakra’s Privacy Policy.
NodeChakra will consider any User Content that you publish, post, or transmit as non-confidential and non-proprietary. You give NodeChakra, a perpetual and irrevocable, worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Platform, including in marketing and promotions while you will retain all of your ownership rights in your User Content. You waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content) to the extent allowed by applicable laws.
If, in our opinion, any User Content does not comply with these Terms, or any applicable Miscellaneous Features, we reserve the right to remove such User Content from the Platform. In case we receive a notice or complaint from a third party that any User Content constitutes a breach of their intellectual property rights or their right to privacy, we will have the right to disclose your identity to such third party. Wherever legally required to do so, we will disclose your User Content to other third parties or government bodies if they so request and require.
When you request deletion of your Account as described in our Privacy Policy, our license to your User Content ends, with the following exceptions:
1. Any User Content submitted in response to NodeChakra promotions. Such content will be subjected to any Miscellaneous Features or other terms provided in the promotion;
2. User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms; and
3. In case a User Content is subject to a separate license with NodeChakra, such content will be subjected to the terms of such license.
We will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems, if you request deletion of your User Content. User Content may however continue to persist in our systems, along with back-up copies. If we reasonably believe it is legally required, we may retain copies of any User Content with us.
We cannot guarantee that other users will not use the ideas and information that you share when you post, publish, or transmit your observations and comments on the Platform, such as in blogs, forums, and chat features. It is recommended to not post any idea or information that you would like to keep confidential and/or don’t want others to use. NODECHAKRA WILL NOT BE HELD RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU TRANSMIT, POST, OR PUBLISH IN ANY FORUMS, CHAT ROOMS OR BLOGS.
7. MONITORING USE OF PLATFORM AND USER CONTENT
NodeChakra has no obligation to monitor the Platform for illegal User Content or inappropriate or the conduct of other users. NodeChakra will not be held responsible for information, materials, products, or services provided by other users (for instance, in their profiles) and the User Content which is not approved by us. In case of suspected violation of these Terms or misuse of the Platform, please contact us at contact@nodechakra.com
NodeChakra has the right, in our sole discretion, to record, monitor, or store your communications and interactions with the Platform or your communications with NodeChakra or any other user when you are using the Platform including without limitation your communications through video chat. NodeChakra, at its discretion, may choose to edit, refuse to post, or remove any User Content from the Platform. If we determine that your communications or User Content violate these Terms, Miscellaneous Features, or any other rules, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other users, or we may terminate your access to the Platform entirely.
8. YOUR DEALINGS WITH OTHER USERS
You are responsible for your interactions with other users. If you have a problem with another user, we are not required to get involved, but we can if we desire.
If you have a dispute with another user, you release NodeChakra, and all NodeChakra Affiliate entities from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.
We may allow you to use the Platform to initiate SMS or MMS text messages to your friends, family, or other contacts. You are not required to send such text messages, you are solely responsible for them, and you understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that NodeChakra does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Platform, you represent and warrant to us that the recipients of the text messages have appropriately consented to receive the text messages.
No refund shall be processed on the order of any reports under any circumstances if the order has reached the “Your Session has been booked” stage risk and liability of placing order in a haste and careless manner totally lies with User and the Platform is not responsible for any refund once the processing stage has started.
No refund shall be processed once the Order has been placed and executed. However, if the User intends to cancel a successfully placed order before execution, the User will have an option to reschedule the session only once, subject to the discretion of NodeChakra and the User is required to contact the customer care team for rescheduling the session. NodeChakra may at its discretion, reschedule and conduct the session within 3 days of the request raised by the User. NodeChakra will not be held liable for any refund.
Any technical delay or glitch reported in the Platform during the processing of the request which includes generating reports by the service provider i.e., Astrologer shall not be eligible for claiming refund. The User agrees that the timelines are approximate and all essential steps would be taken to adhere to the timelines as displayed.
No refund shall be processed for the reason that in-correct information or data has been provided by You. The User agrees to be careful while providing any information to the Platform and must re-check the information filled before clicking on “Submit”. The User can request for change in the in-correct information or data entered provided, the request for such change has been made with the customer care within 1 (one hour) of execution of the service rendered by the service provider.
The services offered are strictly not meant to replace any philosophical, emotional, psychiatric or medical treatment. The Platform holds no responsibility or liability about the reality or reliability of the astrological effects on the human physiology, by the gems represented, recommended and/or sold on the Platform. The User is advised to exercise discretion in such case and no refund shall be issued on such grounds.
The refunds, if any, shall be processed after deduction of the transaction charges levied by the Bank and/or the Payment Gateway, and/or any other charges that may have been incurred by the Platform during processing and/or delivering the service, as applicable.
In case the Platform or Payment gateway’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
In case the Bank Account appears to be debited, ensure that you do not make the payment twice and immediately thereafter contact the Platform via customer care to confirm payment.
In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
However, refund for multiple payment, if any, even after the above precaution against the same order shall be refunded in full without deduction of the transaction charges as mentioned above. The Platform shall only retain the cost of one single order as intended to be placed by the User.
If there are orders that the Platform is unable to accept and must cancel, the Platform at its sole discretion, reserves the right to refuse or cancel any order for any reason whatsoever. If the User’s order is cancelled by the Platform at the scheduled time of the session after charges being paid against the said service due to unforeseen circumstances, the said amount paid for booking shall not be refunded by the Platform. NodeChakra may re-schedule the session at no extra charges, within the next 3 days for the User, however the User is not liable for a refund.
10. BANK ACCOUNT INFORMATION
The User is under an obligation to provide the User’s banking information as and when required. For that purpose, the obligation of the User are: -
(a) The User agrees that the debit/credit card details provided by the User for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
(b) The User may pay the fees required, to the Platform by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when the User initiates a payment transaction and/or issues an online payment instruction and provides the User’s card / bank details:
(i) The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
(ii) The User is responsible to ensure that the card/ bank account details provided by the User are accurate;
(iii) The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
(iv) The User further agrees that if any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT NODECHAKRA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH OUR PLATFORM OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
11. PROMOTIONS AND SPECIAL DEALS
NodeChakra may offer limited promotions and Special Deals. Please review any official rules or Miscellaneous Features (if any) associated with any promotion and Special Deals as they will apply to them in addition to these Terms.
It is not compulsory for NodeChakra to give, and it is not compulsory for you to accept, any Special Deals. All Special Deals will be at the sole discretion of NodeChakra and no Special Deals can be transferred, redeemed, or exchanged for other things of value. In the event you accept a Special Deal, you may be required to sign a liability release and a declaration of eligibility to receive the Special Deal. Before you accept the Special Deal, NodeChakra will disclose any taxes, or other charges for the Special Deal. Once accepted, you assume all liabilities associated with the Special Deal.
12. PROHIBITIONS
NodeChakra has a list of prohibitions which you agree you will not do under any circumstances. The prohibitions include:
· Not to publish, post, submit, upload or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
· Not to, without NodeChakra’s express written consent, display, mirror, use or frame the Platform, or any element within the Platform, NodeChakra’s name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page;
· Not to access or tamper with in any way, or use non-public areas of the NodeChakra’s computer systems, Platform, or the technical delivery systems of NodeChakra’s providers;
· No attempt at probing, scanning, or testing the vulnerability of any NodeChakra network or system or breach of any authentication or security measures;
· No attempt should be made at avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by NodeChakra or any of NodeChakra’s providers or any other third party (including another user);
· Using of any software, tool, device, agent, engine, or mechanism (including crawlers, data mining tools, robots, spiders, or the like) other than the software and/or search agents provided by NodeChakra or other generally available third-party web browsers for attempting to access or search the Platform or download User Content from the Platform;
· No attempt should be made at sending any unauthorized or unsolicited advertising, promotional or marketing materials, spams, chain letters, emails, junk mails, or any other form of solicitation;
· Using, without NodeChakra’s express written consent, metadata utilizing a NodeChakra’s trademark, logo URL or product name or any meta tags or other hidden text;
· Using the Platform in any manner which is not permitted by these Terms for any commercial purpose or the benefit of any third party;
· Using the Platform in any way for sending deceptive, altered, or false source-identifying information or forging any TCP/IP packet header or any part of the header information in any newsgroup posting or email;
· No attempt should be made to reverse engineer, disassemble, undo, decompile, decode, or decipher any of the software used to provide the Platform;
· Interfering with, or attempting to interfere with, the access of any host, network or user, including, without limitation, sending a virus, flooding, spamming, overloading, or mail-bombing the Platform;
· No attempt should be made, without express permission, to collect or store any personally identifiable information of the other users from the Platform;
· No attempt should be made at impersonating or misrepresenting your affiliation with any person or entity;
· No attempt should be made at violating any applicable law or regulation; or
· No attempt should be made to encourage or enable any other individual to do any of the foregoing activities.
Although we’re not obligated to monitor access to or use of the Platform or User Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
13. END USER LICENSE
Subject to the terms of this license agreement (“License Agreement”), and these other Terms, and your payment of applicable subscription fees, NodeChakra grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Platform.
The Platform contains or embodies copyrighted material, proprietary material or other intellectual property of NodeChakra or its licensors. All right, title and ownership in the Platform remain with NodeChakra or its licensors, as applicable. The rights to use the Platform and download contents from the Platform are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
You agree that you will not and you will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Platform in any way, or create derivative works of the Platform;
(b) Use the Platform or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Platform in whole or in part;
(d) Tamper with the Platform or circumvent any technology used by NodeChakra or its licensors to protect any content accessible through the Platform;
(e) Circumvent any territorial restrictions applied to the Platform; or
(f) Use the Platform in a way that violates this License Agreement or the other Terms.
You may not make the Platform available to the public. The Platform made available (in whole or in part) are owned by NodeChakra or its licensors and your use of them must be in accordance with these Terms.
14. THIRD-PARTY ADVERTISING
Our Platform may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read it carefully.
Sometimes we provide links on the Platform to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Platform. Any charge or obligation you take on in dealing with these other companies is your responsibility.
We are not responsible for any third-party website that we link to in our Platform, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.
Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.
15. COPYRIGHT NOTICES/COMPLAINTS
NodeChakra requires all users of the Platform to comply with copyright and related laws. NodeChakra itself is committed to complying with copyright and related laws. NodeChakra prohibits storing any material or content on, or disseminating any material or content over, the Platform in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law to the owners of the copyrighted works. Without obtaining the prior written consent from the owner of proprietary and Intellectual Property rights, NodeChakra prohibits you from modifying, reproducing, posting, or distributing in any way any copyrighted material, trademarks, or other proprietary information belonging to such owners. NodeChakra, upon receipt of proper notification to NodeChakra by the copyright owner or the copyright owner’s legal agent, can terminate privileges of any user who repeatedly infringes the copyright rights of others.
We encourage you to contact us immediately in case you believe that a posted message or any other material posted on the Platform is objectionable or infringing any proprietary work. Upon receipt of a notice or complaint, we will remove or stop access to, the material claimed to be infringing and will follow the due procedures specified under the Indian Copyrights Act, 1957 to resolve the claim between the complainant and the alleged infringer who posted the content in issue.
If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our designated agent (indicated below) with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Platform;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
(g) Our designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: admin@nodechakra.com: Copyright Violation
16. FEEDBACK AND UNSOLICITED IDEAS
NodeChakra is always pleased to receive feedback/ideas regarding its existing features with the exception of unsolicited ideas and expressions. NodeChakra will consider only specific feedback/ideas on existing features, and reserves the right to discard ideas that our policy will not permit us to accept or consider. You can post these feedbacks/ideas at: admin@nodechakra.com
Any feedback you provide is deemed to be non-confidential and non-proprietary. We may use such information on an unrestricted basis, without having an obligation to compensate you or any other third party.
NodeChakra strictly does not accept or consider any unsolicited suggestions, proposals, ideas, materials, or comments (“Submissions”). In case you still send your Submissions, then regardless of the contents of your Submissions, the following terms shall apply in which you agree that:
· NodeChakra will consider the Submissions to be non-confidential and non-proprietary.
· NodeChakra shall have no obligations whatsoever concerning the Submissions, including but not limited to, no obligation to return any materials, keep the materials or acknowledge receipt of any Submissions.
· NodeChakra may use, redistribute, or disclose the Submissions for any purpose and in any way, without any compensation to you or any third party.
17. DISCLAIMER / LIMITATION OF LIABILITY / WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NODECHAKRA DOES NOT PROVIDE WARRANTIES FOR THE PLATFORM. ASTROLOGICAL COUNSELLING PROVIDED THROUGH THE PLATFORM IS BASED ON CUMULATIVE OR INDIVIDUAL KNOWLEDGE, EXPERIENCE AND INTERPRETATIONS OF ASTROLOGERS AND AS SUCH, IT MAY VARY FROM ONE ASTROLOGER TO ANOTHER.
THE PLATFORM MAY OFFER SERVICES THROUGH A DIVERSE PANEL OF ASTROLOGERS DULY VERIFIED BY THE PLATFORM AND SUCH SERVICE PROVIDER (ASTROLOGER) MAY FROM TIME TO TIME MAKE RECOMMENDATIONS OF USING MANTRAS, YANTRAS, GEMSTONES OR OTHER ASTROLOGICAL REMEDIES TO BE USED BY USER. SUCH RECOMMENDATIONS ARE BEING MADE IN GOOD FAITH BY THE ASTROLOGERS AND NODECHAKRA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT:
THE SERVICE WILL MEET YOUR REQUIREMENTS;
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR – FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS AND
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU ARE REQUIRED TO MAKE FULL DISCLOSURE ABOUT THE EMOTIONAL, MENTAL AND PHYSICAL STATE OF THE PERSON SEEKING ADVICE FROM THE PANEL OF ASTROLOGERS OF THE PLATFORM SO THAT THE ASTROLOGERS MAKE AN INFORMED JUDGMENT ABOUT GIVING ADVICE.
THE PLATFORM, SERVICES AND OTHER MATERIALS ARE PROVIDED BY NODECHAKRA ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NODECHAKRA MAKES NO WARRANTY THAT (I) THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE PLATFORM, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE PLATFORM, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE PLATFORM OR THROUGH OR FROM USE OF THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NODECHAKRA WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER VIOLATION OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE PLATFORM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE PLATFORM WILL NOT BE LIABLE FOR ANY LOSS THAT THE USER MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF THEIR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PLATFORM OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT THE USER’S KNOWLEDGE. THE PLATFORM HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, BUT THE PLATFORM NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. THE PLATFORM SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE PLATFORM SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND NODECHAKRA'S CONTROL.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE PLATFORM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE PLATFORM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
NODECHAKRA ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONTENT OR SERVICES OR THE PLATFORM, THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PLATFORM OR ITS SERVICES, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PLATFORM, AND MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY.
THE SERVICES MAY CONSIST OF THE FOLLOWING, WITHOUT LIMITATION: ASTROLOGICAL CONTENT, REPORTS, TAROT READINGS, FORTUNES, NUMEROLOGY, PREDICTIONS, LIVE TELEPHONE CONSULTATIONS, EMAIL CONSULTATIONS OR PRODUCTS SOLD THROUGH NODECHAKRA SHOP. NODECHAKRA CHARGES FOR THE CHAT/CALL SERVICE OFFERED ON THIS PLATFORM ON PER SESSION BASIS AND HOLDS NO RESPONSIBILITY OR LIABILITY ABOUT THE REALITY OR RELIABILITY OF THE ASTROLOGICAL EFFECTS ON THE HUMAN PHYSIOLOGY, BY THE GEMS, ANY OTHER PRODUCTS OR SERVICES REPRESENTED AND SOLD ON THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU SHALL CREATE ANY WARRANTY.
NODECHAKRA VERIFIES THE DEGREES, QUALIFICATIONS, CREDENTIALS, AND BACKGROUND OF THE ADVISORS/CONSULTANTS/ASTROLOGERS BUT DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION OR OTHER SERVICES PROVIDED BY THE ADVISORS/CONSULTANTS/ASTROLOGERS OR BY THE COMPANY, NOR DOES IT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT, ANYTHING SAID OR WRITTEN BY, OR ANY ADVICE PROVIDED BY THE ADVISORS/CONSULTANTS/ASTROLOGERS.
THE PLATFORM IS NOT A SUICIDE HELPLINE PLATFORM. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MAY DISCONTINUE USE OF THE PLATFORM IMMEDIATELY AT YOUR DISCRETION AND PLEASE NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL. IF YOU ARE THINKING ABOUT SUICIDE, IMMEDIATELY CALL A SUICIDE PREVENTION HELPLINE SUCH AS AASRA (91-22-27546669).
THE PLATFORM SHALL NOT BE LIABLE FOR ANY INACCURACY, ERROR OR DELAY IN, OR OMISSION OF (A) ANY DATA, INFORMATION OR MESSAGE, OR (B) THE TRANSMISSION OR DELIVERY OF ANY SUCH DATA, INFORMATION OR MESSAGE; OR (C) ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY ANY SUCH INACCURACY, ERROR, DELAY OR OMISSION, NON-PERFORMANCE OR INTERRUPTION IN ANY SUCH DATA, INFORMATION OR MESSAGE. UNDER NO CIRCUMSTANCES SHALL THE PLATFORM AND/OR THE PAYMENT SERVICE PROVIDERS, ITS EMPLOYEES, DIRECTORS, AND ITS THIRD PARTY AGENTS INVOLVED IN PROCESSING, DELIVERING OR MANAGING THE PLATFORM, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING PUNITIVE OR EXEMPLARY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR ANY INADEQUACY OR DEFICIENCY IN THE PROVISION OF THE PLATFORM OR ITS SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS OR ALTERATION OF TRANSMISSIONS OF DATA OR ARISING FROM SUSPENSION OR TERMINATION OF THE PLATFORM OR ITS SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NODECHAKRA LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE PLATFORM, FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
18. GOVERNING LAW AND JURISDICTION
Any dispute, claim or controversy arising out of or relating to this Terms of Service including the determination of the scope or applicability of this Terms of Service to arbitrate, or your use of the Platform or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by NodeChakra and You. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Uttar Pradesh. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of India and venue in New Delhi for any such proceeding.
These Terms of Service shall be governed by and construed in accordance with the laws of India without giving effect to any choice of law and principles that would require the application of the laws of a different state. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service or Privacy Policy to be unenforceable or invalid, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law, and the remainder of the Terms of Service or Privacy Policy, as applicable, will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any waiver of any provision of the Terms of Service shall be effective only if in writing and signed by NodeChakra. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
These Terms of Service and your use of the Platform will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. The parties agree to submit any dispute arising under these Terms of Service to the jurisdiction of a court located in New Delhi for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
19. SEPARATION OF TERMS
You and NodeChakra agree that the contents of each of the paragraphs of these Terms operate separately. If any part of these Terms, Miscellaneous Features, or any other rules is unenforceable, the rest of these Terms, Miscellaneous Features, and or any other rules shall still apply and shall be binding, and any part which is not an enforceable term will be replaced with a term or a clause that comes as legally and economically close to the unenforceable term as possible.
20. ASSIGNMENT
NodeChakra may, with or without your consent, give its rights, or its obligations, under these Terms, Miscellaneous Features, or any other rules to any person or entity. You, however, without first getting NodeChakra’s written consent, cannot give or sell your rights or your obligations under these Terms, Miscellaneous Features, or any other rules to anyone, and any attempt to do so without NodeChakra’s consent is void and actionable against you.
21. ENTIRE AGREEMENT
These Terms of Service, along with any other policies or rules referenced in these Terms of Service, make up the entire agreement between you and NodeChakra relating to the subject matter present in these Terms of Service, and supersede all prior understandings, confirmations, and agreements of the parties relating to the subject matter of these Terms of Service, irrespective whether those prior understandings were oral or written, electronic, or whether established by any custom, practice, policy or precedent, between you and NodeChakra.
22. LANGUAGE OF THE TERMS
The language used in these Terms, Miscellaneous Features, Privacy Policy, or any other terms or rules or policy is English. Any translated version of these documents provided to you is for informational purposes only. In case the translated version means something different from the English language version, then the English meaning will be applicable.
23. NO WAIVER
The failure of NodeChakra to require or enforce strict performance by you of any provision of these Terms of Service or the NodeChakra Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of NodeChakra's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by NodeChakra of any provision, condition, or requirement of these Terms of Service or the NodeChakra Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by NodeChakra shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of NodeChakra.
24. NOTICES
NodeChakra may send notice(s) to you of something according to the Terms of Service. Such notice(s) will be notified to you by (i) posting a message on our Platform, or (ii) sending you an e-mail, or (ii) other ways of communication based on the contact information you provide to us.
If you have to give us notice of something according to the Terms of Service, the notice must be in writing and addressed to NodeChakra LLP, Attn: LEGAL DEPARTMENT, contact@nodechakra.com unless we have provided a more specific way of notifying us.
25. FORCE MAJEURE
NodeChakra will not be held liable for any damages or problems arising out of our control. Any damage or problem caused by act of God such as floods, natural disasters will not be covered by NodeChakra. In addition to act of God, NodeChakra will also not cover any damages or problems caused by network infrastructure failures, strikes, riots, war, terrorism, fire, earthquakes, floods, cyclones, embargoes, pandemics, epidemics, acts of civil or military authorities, accidents, or shortages of transportation, facilities, fuel, energy, labor, or materials.