TERMS AND CONDITIONS OF USE (hereinafter referred to as "Terms of Usage")
These Terms and Conditions of Use describe and govern the User's use of the content and services offered by KARMM (Savour M2P tech Pvt. Ltd.) through www.karmm.com (hereinafter referred to as "We," "KARMM," "us," "our," "KARMM application," or "Website").
UPDATION
The Website may update/amend/modify these Terms of Usage from time to time. The User is responsible for checking the Terms of Usage periodically to remain in compliance with these terms.
USER CONSENT
By accessing the Website and using it, you ("Member," "You," "Your") indicate that you understand the terms and unconditionally & expressly consent to the Terms of Usage of this Website. If you do not agree with the Terms of Usage, please do not click on the "I AGREE" button. The User is advised to read the Terms of Usage carefully before using or registering on the Website or accessing any material, information, or services through the Website. Your use and continued usage of the Website (irrespective of the amendments made from time to time) shall signify your acceptance of the terms of usage and your agreement to be legally bound by the same.
GENERAL DESCRIPTION
The Website is an internet-based portal having its existence on the World Wide Web, Application, and other electronic media and provides astrological content, reports, data, telephone, video, and email consultations (hereinafter referred to as "Content"). The Website is offering "Free Services" and "Paid Services" (Collectively referred to as "Services"). Free Services are easily accessible without becoming a member; however, for accessing personalized astrological services and/or receiving additional Content and getting access to Paid Services, You are required to register as a member on the portal. By registering for Paid Services, a Member agrees to:
Provide current, complete, and accurate information about themselves as prompted to do so by the Website.
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.
REGISTRATION AND ELIGIBILITY
The User of the Website must be a person who can form legally binding contracts under the Indian Contract Act, 1872. A minor under the age of eighteen (18) in most jurisdictions is not permitted to avail the services provided on the Website without a legal guardian in accordance with applicable laws. The Website 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 Website.
For the User to avail the services, the User will be directed to Register as a Member on the Website whereby You (User) agree to provide update, current, and accurate information while filling up the sign-in form. All information that you fill and provide to the Website and all updates thereto are referred to in these Terms of Usage as "Registration Data."
An account could be created by you through the Website ID (Your Phone Number) and password (OTP) or other log-in ID and password which can include a Facebook, Gmail, or any other valid email ID. The User while creating an account hereby represents and warrants that all the information provided by the User is current, accurate, and complete and that the User will maintain the accuracy and keep the information updated from time to time. Use of another User's account information for availing the services is expressly prohibited. If in case it is found that the information so supplied on the Website is inaccurate, incomplete, untrue, and not current, the Website has the right to suspend or terminate the User's account and restrict/refuse the use of the Website by such User in the future.
The right to use this Website is personal to the User and is not transferable to any other person or entity. The User would be responsible for protecting the confidentiality of User's passwords and other information required for the purposes of registration. The User would be fully responsible for all the activities that occur under the User's account with the Website. The Website cannot and will not be liable for any loss or damage arising from the User's failure to maintain secrecy and confidentiality. The User shall notify the Website immediately if they become aware of any unauthorized use of their Account(s) or breach of any security. The User must log out from its account at the end of the session.
The User while availing any service shall be informed whether the service so rendered is personal to the Website or is available from a Third party. The Website shall have no control or monitoring on the information disseminated to any third party via the Website.
The User agrees, understands, and confirms that his/her personal data, including, without limitation, details relating to a debit card/credit card transmitted over the Internet, may be susceptible to misuse, hacking, theft, and/or fraud and that the Website or the Payment Service Provider(s) have no control over such matters.
The Website 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 Website.
If the User is a resident of any State/Country that prohibits, by way of law, regulation, treaty, or administrative act, entering into trade relations or/and
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 Website.
FEATURE "CALL WITH ASTROLOGER"
The Website is providing a certain service available through the medium of telecommunication with the Astrologer listed and enrolled with the Website. By agreeing to the present Terms of Usage, you are also giving your unconditional consent to the Website to arrange a call with you on your mobile number even though your number is on DND service provided by your mobile service provider.
WEBSITE CONTENT
The Website and any individual Websites which may be available through external hyperlinks with the Website are private property. All interaction on this Website, inclusive of the guidance and advice received directly from the Licensed Provider, must comply with these Terms of Usage. The User shall not post or transmit through this Website any material that violates or infringes in any way upon the rights of others or any material which is unlawful, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. The Website shall have the right to suspend or terminate access by such User or terminate the User's registration, and such User shall not gain access to the Website. The Website reserves the right to terminate access or to change or discontinue any aspect or feature of the Website, including, but not limited to, content, graphics, deals, offers, settings, etc. Any information other than the guidance and advice, received directly from the Third-Party Service Provider, the educational, graphics, research sources, and other incidental information on the Site, the content, should not be considered as medical advice. The Website does not take a guarantee regarding the medical advice, if provided, by the third-party service provider inclusive of registered astrologers with the site. The User should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for the User. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. KARMM does not endorse any specific tests, medications, products, or procedures. The Website does not take guarantee of any untoward incident that may happen with the User after seeking the Service. The Website or the Service Provider providing the advice is not liable and does not guarantee any results as expected by the User, and accessing the Website in such a scenario is purely at the risk of the User. By using the Site, Application, or Services, User hereby agrees that any legal remedy or liability that you seek to obtain for actions or omissions of other Members inclusive of the service provider registered with the Website or other third parties linked with the Website shall be limited to claim against such a particular party who may have caused any harm. You agree not to attempt to impose liability on or seek any legal remedy from the Website with respect to such actions or omissions.
USER ACCOUNT ACCESS
The Website shall have access to the account and the information created by the User for ensuring and maintaining the high-quality services provided by the Website and for addressing the needs of the customer in the most effective manner. User hereby consents for the unconditional access of the account by the Website, its employees, agents, and other appointed persons in such regard. For the purpose of addressing the complaints (if any received) and any suspected abuse reported, the Website shall investigate on a case-to-case basis from the records available. The User is directed to read the terms provided in the Privacy Policy as regards such records.
PRIVACY POLICY
The User hereby consents, expresses, and agrees that the User has read and fully understands the Privacy Policy of the Website. The User further consents that the terms and contents of such Privacy policy are acceptable to the User, inclusive of any update/alteration/change made and duly displayed on the Website.
BREACH AND TERMINATION
The Website may, in whole or in part, without informing the User, modify, discontinue, change, or alter the services ordered or the Account of the User registered with the Website. The Website may or may not issue notice or provide any reason for such action taken by the Website. Violation of any conditions mentioned in this Terms of Usage shall lead to immediate cancellation of the Registration of the User if registered with the Website. The Website reserves the right to terminate and initiate action immediately if:
The Website is not able to verify and authenticate the Registration data or any other relevant information provided by the User.
The Website believes that the actions of the User may cause legal liability for the Website, other Users, or any service provider linked with the Website.
The Website believes that the User has provided the Website with false and misleading Registration Data or there is interference with the other Users or the administration of the services, or have violated the privacy policy as listed by the Website. For the Service Provider inclusive of the Astrologer, You understand and agree that your relationship with the Website is limited to being a member, and You act exclusively on your own behalf and for your own benefit. The Website may terminate and de-activate the Profile of such service provider for any violation of the present terms of usage and the Service Terms and Conditions agreed upon between the parties while registration of the data by such Service Provider.
DELIVERY, CANCELLATION, AND REFUND
No refund shall be processed on the order of any reports under any circumstances if the order has reached the "processing" (Assigned to an Astrologer) stage. The risk and liability of placing an order in haste and careless manner totally lies with the User, and the Website 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 is required to contact the customer care team within 1 (one) hour of making the payment, whereafter it is totally at the discretion of the Website whether to issue a refund.
Any technical delay or glitch reported on the Website during the processing of the request, which includes generating reports by the service provider, i.e., Astrologer, shall not be eligible for claiming a 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 incorrect information or data has been provided by You. The User agrees to be careful while providing any information to the Website and must re-check the information filled before clicking on "Submit." The User can request a change in the incorrect information or data entered provided the request for such change has been made with the customer care within 1 (one hour) of the execution of the service rendered by the service provider.
No refund shall be processed for the return of any damaged product. The User undertakes and agrees that by ordering any product as displayed on the Website, the Registered User shall be fully responsible for any damage caused to the product post its delivery. For orders made via "Cash on Delivery" method of payment, the User shall be charged for the cost of the product as displayed by the Website and the shipping/custom/courier charges as applicable if the product is returned.
Refund on a pro-rata basis may be considered for any delay in the activation of the subscription services, and any damage that may be caused to the product while in transit shall be dealt with by the Website and its agencies.
You agree that the display picture for the products listed for purchase by the User is for reference purposes only, and the Website will try to deliver the product ordered in an as-is condition as displayed on the Website. The User is advised to exercise discretion in such a case, and no refund shall be issued on such grounds.
The services offered and the products sold are strictly not meant to replace any philosophical, emotional, or medical treatment. The Website holds no responsibility or liability about the reality or reliability of the astrological effects on human physiology, by the gems represented and sold on the Website. The placing of an order for buying such products or taking the services is solely at the discretion and will of the User, and the Website does not have any responsibility for the products sold. The User is advised to exercise discretion in such a case, and no refund shall be issued on such grounds.
No refund shall be processed for providing a wrong contact number for the purpose of availing the "Call with Astrologer" feature. The User, once opted for this feature, is advised to keep the Contact Number in full coverage area and must answer the call when received. No refund shall be processed for any call that gets connected.
The refunds, if any, shall be processed after deduction of the transaction charges levied by the Bank and/or the Payment Gateway, to & fro cost of the shipping and/or courier charges (With regard to the purchase of a product listed on the Website), customs duty (if levied), and/or any other charges that may have been incurred by the Website during processing and/or delivering the service, as applicable.
In case the Website 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 Website 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, a 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 Website shall only retain the cost of one single order as intended to be placed by the User.
If there are orders that the Website is unable to accept and must cancel, the Website at its sole discretion reserves the right to refuse or cancel any order for any reason whatsoever. Some situations may result in the order being canceled and include, without limitation, non-availability of the service, inaccuracy, error in pricing information, or other problems as identified. If the User’s order is canceled after charges being paid against the said service, the said amount paid for booking shall be refunded.
USER OBLIGATIONS
The User, including the astrologer and the Member Customer, is under an obligation not to violate the privacy policy, terms and conditions, and any other terms as defined on the Website. The User represents that they are an individual and not a corporation or other legal business entity. The rights to use the Website’s services are personal to the User. While using the Website and engaging in any form of communication on any of the forums, including the products listed on the Website, the User shall not violate the terms and conditions, which include:
· The User shall not Post, publish, or transmit any messages that are false, misleading, defamatory, harmful, threatening, abusive, harassing, defamatory, invades another's privacy, offensive, promotes racism, hatred or harm against any individual or group or religion or caste, infringes another's rights including any intellectual property rights or copyright or trademark, violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability.
· The User shall not upload or post or otherwise make available any content that they do not have a right to make available, under any law or under contractual or fiduciary relationships.
· The User shall not upload or post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. The User may, however, post excerpts of copyrighted material so long as they adhere to Fair Use guidelines.
· The User shall not collect screen names and email addresses of members who are registered on the Website for purposes of advertisement, solicitation, or spam.
· The User shall not send unsolicited email, junk mail, spam, or chain letters, or promotions or advertisements for products or services.
· The User shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
· The User shall not engage in any activity that interferes with or disrupts access to the Website.
· The User shall not attempt to gain unauthorized access to any portion or feature of the Website, any other systems, or networks connected to the Website, to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.
· The User shall not violate any applicable laws or regulations for the time being in force within or outside India. The use and continuous use of the Website is subject to but not limited to using the services for personal use.
· The User shall not resell or make any commercial use of the Services without the express written consent from the Website.
· The User shall not violate these Terms of Usage, including but not limited to any applicable Additional terms of the Website contained herein or elsewhere.
· The User shall not Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
By becoming a Registered member of the Website, the User agrees to the following situations, which are not exhaustive and may include services incidental to the below mentioned:
· The User agrees to receive certain specific emails and SMS along with calls from the Website.
· The User agrees not to transmit via the Website any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature.
· The User agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
· The User shall not interfere with any other members' use or enjoyment of the Website or Services.
· The User is under an obligation to report any misuse or abuse of the Site. If the User notices any abuse or misuse of the Site or anything that is in violation of this Agreement, they shall report such violation to Website Customer Care. On receipt of such a complaint, Website may investigate such complaint and if necessary, may terminate the membership of the Member responsible for such violation, abuse, or misuse without any refund of the subscription fee.
· Any false complaint made by a Member shall make such Member liable for termination of their membership without any refund of the subscription fee.
· The Website reserves the right to withdraw its services to any customer who is found to be unreasonable or abusive during their conversation with the Service Provider, including the astrologer, regardless of any reason.
While the Website shall take all steps to resolve any situation that is in violation of the above obligations, if the situation is not controllable, the Website reserves its right to send a written warning henceforth. Such violations, if repeated by the User, shall lead to a total ban for transacting on the platform by such User. If any balance is present in the wallet of the User, the same shall be refunded subject to the other charges that may be applicable for such violations.
BANK ACCOUNT INFORMATION
Users are obligated to provide accurate and lawful banking information when required. The obligations of the User include:
Providing correct and accurate debit/credit card details for using the services.
Using a debit/credit card lawfully owned and authorized for use by the User.
Paying fees through debit/credit card or online banking with a card or bank account that the User is entitled to use.
Ensuring that the provided card/bank account details are accurate.
Ensuring that there is sufficient credit available on the card/bank account at the time of making payments, including applicable fees.
If any part of these terms is determined to be invalid or unenforceable under applicable law, it will be replaced by a valid, enforceable provision that most closely matches the original intent, and the rest of the terms will remain in effect.
DISCLAIMER / LIMITATION OF LIABILITY / WARRANTY
The User understands and agrees to the following:
The Website does not provide warranties for the services, and astrological counseling may vary among different astrologers.
The Website offers services through a panel of duly verified Astrologers who may make recommendations for astrological remedies. These recommendations are made in good faith, and the Website and its affiliates make no warranties regarding their effectiveness or accuracy.
The Website, its services, and materials are provided "as is" without warranties of any kind, including implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
The Website does not guarantee that the services will meet the User's requirements, be uninterrupted, timely, secure, error-free, or that the results obtained from the services will be accurate.
The User is required to make full disclosure about the emotional, mental, and physical state of the person seeking advice for astrologers to make informed judgments.
The Website is not responsible for any unauthorized use of the User's account or account information.
The Website is not liable for any loss or damage incurred due to unauthorized account use or for any errors or defects in the Website or services.
The User downloads material or data from the Website at their discretion and risk, and they are responsible for any resulting damage to their computer systems or data loss.
The Website is not responsible for typographical errors or inaccuracies in the information provided.
The services are for entertainment purposes only, and the Website disclaims all warranties and liabilities related to the services.
The advisors/consultants/astrologers are members of the site, not employees of the Website. The Website verifies their qualifications but does not endorse, recommend, or guarantee their advice.
The Website is not a suicide helpline platform and advises Users in crisis to contact appropriate authorities.
The Website's liability is limited to the amount paid by the User for the service.
In summary, the Website provides services and content "as is," and the User uses them at their own risk. The Website disclaims warranties and limits its liability to the extent permitted by applicable law. Users should exercise discretion and seek professional advice when needed.
INDEMNIFICATION
The User agrees to indemnify, defend, and hold harmless the Website, its parent company, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants, and agents from any third-party claims, liability, damages, and costs (including attorney's fees) arising from:
Your use of the Services.
Your violation of the Privacy Policy or these Terms of Service.
Your violation of any third party's rights, including intellectual property rights.
These Terms of Service benefit the Website's successors, assigns, and licensees.
PROPRIETARY RIGHTS TO CONTENT
The User acknowledges that the Content on the Website is protected by copyrights, trademarks, service marks, patents, and other proprietary rights and laws. The User is not allowed to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by the Website, its suppliers, or advertisers. The Website also mentions that content such as images, text, designs, etc., is sourced from various online portals like Google Images, and Karmm is not liable for any copyrights related to that content.
NOTICES
All notices to a party should be in writing and can be sent via email or snail mail. Notice is considered given 24 hours after an email is sent or three days after deposit in snail mail. Notices to the User are sent to the address provided during registration, and notices to the Website can be sent to:
No. 3/192, Ramiyampatti, Ramenahalli, Pappireddipatti, Dharmapuri-635302, Tamil Nadu, INDIA.
GOVERNING LAW AND JURISDICTION
Any dispute, claim, or controversy arising from these Terms of Usage, including the determination of the scope or applicability of these terms, or your use of the Application or related information, shall be resolved through arbitration in India. The arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Chennai and proceedings conducted in English.
Both parties have the right to seek interim or preliminary relief from a court in Chennai to protect their rights pending arbitration. The parties agree to submit to the exclusive jurisdiction of Indian courts in Chennai for such proceedings. If a party files an action contrary to this provision, the other party may recover attorneys' fees and costs up to One Lakh Rupees INR.
These Terms of Usage are governed by Indian law, excluding its conflict of laws rules. If any provision of these terms is found to be unenforceable or invalid, it will be modified to achieve its intended purpose within the limits of the law, and the remaining terms will remain in full force. Headings are for reference only and do not define the scope of the sections. Any waiver of a provision must be in writing and signed by Karmm.
These Terms of Usage constitute the entire agreement between the parties and supersede any prior agreements, written or oral, regarding the subject matter. These terms will be interpreted in accordance with Indian law, and any disputes will be resolved in Indian courts.