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This Term and Conditions is, inter alia, drafted in conformity with the Information Technology (Intermediaries Guidelines) Rules, 2011 specified under the Information Technology Act, 2000, the General Data Protection Rules, 2016 etc., in order to regulate the terms and conditions of usage and access to Platform (as defined herein) and the Services (as defined herein). No physical or digital signature is necessitated in order to validate this Agreement.
These Terms and Conditions (“T&C”) is an agreement between you (“You”, “Your” and “User”) and M/S. ASTROVERSE TECHNOLOGIES PRIVATE LIMITED, a private company incorporated under provisions of the Companies Act 2013 and having its registered office at Plot No. 63, Flat No. 702, Shivaji Nagar, Shankar Nagar, Dharampeth Extension, Nagpur, Maharashtra — 440010 (“Melooha”, “We”, “Us” and “Our”). These T&C will govern Your use of ‘melooha.com’, including any other website, as well as media channel, mobile website or mobile application related, linked or other connected thereto (“Platform”), which is owned by us, and subsequently the use of Services as available to you through our Platform.
For You to accept these T&C, You shall be (i) of majority age (18 and above or as may be the age of majority in your jurisdiction). (2) you will only have one account with us which must be in your real name and details as required by us; and (3) you are not already restricted by us from using the Services (as defined below). In the case that You do not accept these T&C, You shall not avail our Services as is provided through Our Platform. You can accept the Agreement by clicking on “I AGREE” or by actually availing our Service.
These T&C are subject to modifications, at our sole and absolute discretion. Further, we may from time to time formulate new policies for availing all or any of the Services. The most current version of the T&C will supersede all previous versions. You understand that your continued use of the Services after any changes to the T&C or addition of new policies constitutes your acceptance to be bound by the most recent version of the T&C. If the T&C (including changes and additions thereto) are not acceptable to you, you have the absolute right to terminate your Account by writing to us @ vikram@melooha.com.
Our Services provided from the Platform are designed to create automated informational readings about you based on astrological positions. Our Services are intended to provide helpful, and informative materials pertaining to astrology for your entertainment only. It is expressly stated that Melooha does not render psychological, health, or any other kind of personal professional services in connection with the Services. Wherein if you require any personal psychological and/or health related assistance or advice. We recommend that a competent professional to be consulted in this regard. Melooha expressly and specifically disclaims all responsibilities for any liability, loss or risk that is incurred as a consequence, whether directly or indirectly, of availing Our Services, including any actions that you may take or refrain from taking as a result of readings you receive from Our Services. Melooha further disclaims any legal liability for the reliability of any features related to Our Services. You hereby agree to assume full responsibility for any actions you take based on or related to your use of Our Services.
We believe in continuous development in order to meet the industry standards and provide you with better Services, therefore, we reserve the right to modify, remove or rename our Services at our sole discretion.
By accepting this T&C, you shall, in addition to the T&C, shall also be bound by Our Privacy Policy (hereinafter, along with T&C, shall be referred to as “Policies”) which is duly available on our Platform for your access. The most current version of the Policies, including T&C shall supersede all previous versions. You understand that your use of the Services after any changes to the Policies or addition of new Policies constitutes your acceptance to be bound by the most recent version of the Policies. If the Policies (including changes and additions thereto) are not acceptable to you, you have the absolute right to terminate your Account by writing to us @ vikram@melooha.com.
1.
You hereby represent and warrant that when using the Services that:
You have the legal capacity and You agree to comply with these T&C.
All information that you submit is true and accurate.
Neither Your use of the Services nor any services made available through Melooha are unlawful under any applicable law or regulation, in other words, You will not use the Platform and/or Our Services for any illegal or unauthorized purpose.
You are at least 18 years old or of legal age to use the service and lastly.
You have the mental and physical capacity and discretion to consent to this electronic contract.
2.
If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof).
3.
We believe in providing simple and easy access to our Services. The Platform is offering “Free Services” and “Paid Services” (Collectively referred as “Services”). Free Services are easily accessible without subscription or becoming a member however for accessing the personalised astrological services and/or to receive and get access to Paid Services, You are required to register as a member on the portal.
4.
To access any of Paid Services you can sign-up by using the online sign-up process as provided on the Platform. After taking all the relevant information from You, we will register and create an account (“Account”) on the Platform for Your access to the Platform and to avail and use the Services.
5.
You will be provided with only one Account that will be in Your real name and subject to You not being restricted by Us or applicable laws to use the Platform.
6.
We will provide a User ID and password (“Credentials”) to You for access to the Platform and Services thereof.
7.
You hereby, expressly consent to receive communications and newsletters from Melooha by SMS, e-mails, phone calls, in-app notifications or any other means. You can restrict such communications and newsletters only by de-registering your Account.
7.
Any person who is Our competitor and a representative of our competitors in any capacity is not allowed to access or use the Platform in any case.
8.
You can always choose to disable Your Account by writing to us at vikram@melooha.com. Once You disable Your Account, you shall cease to have any access to any of our Services through the Platform.
9.
You can always choose to disable Your Account by writing to us at vikram@melooha.com. Once You disable Your Account, you shall cease to have any access to any of our Services through the Platform.
With respect to subscribers in California, Arizona, Illinois, Wisconsin, Minnesota, Iowa, Connecticut, New York, North Carolina, Rhode Island, and Ohio, the following terms may apply: You shall be entitled to cancel your subscription, without penalty or obligation, at any time prior to midnight of the third (3rd) business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of The Pattern) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing notice along with reasonable proof of such disability.
Notice to California subscribers: You shall have the right to cancel your subscription for the Paid Services, without penalty or obligation, at any time prior to midnight of the third (3rd) business day following the date you subscribed. You are informed that if you subscribed the Paid Services using iTunes or Google Play, then refunds shall be handled by Apple and Google respectively, and Melooha shall have no liability / obligation with regard to same. Pursuant to Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing to Consumer Information Division, 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by phone at (800) 952-5210.
For subscribers residing in the European Union or European Economic Area: You are entitled to a full refund, within fourteen (14) days from the commencement of subscription. The cancellation period shall start from the initiation of subscription.
10.
You are responsible for maintaining the confidentiality of Your Credentials, and You are fully responsible for all activities that occur under your Account. In the event that You detect any unauthorised use of Your Account or breach of Your Account, You shall inform Us immediately.
11.
You will be held responsible for any losses incurred by Melooha or other User due to unauthorized use of the Account which is a consequence of Your inability to secure Your Account.
12.
Subject to Your compliance with each provision of these Policies, Melooha hereby grants You a limited, non-commercial, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Platform to access the Service in accordance with these T&C. You shall under no circumstances share the access of the Platform with anyone else.
13.
Except the rights and interests that are provided to You under these T&C, unless otherwise specified, you shall not be entitled to any other rights or interest whatsoever in the use of Platform / Services.
14.
The information collected by the Platform may be used for any purpose as may be permissible under the applicable law and shall include but not limited to the following: -
For providing a personalised browsing experience. While guaranteeing the anonymity of the user, the personal information collected in accordance with the Privacy Policy may be used for research purposes, for improving the marketing and promotional efforts, to analyse usage, improve the content of the Platform, and Services offering.
You authorize us to contact you via email or phone or SMS.
With IP tracking details and cookies data, the Platform will use it only for facilitating the usage of the Platform and provide personalised experience and any information which is sensitive in nature will not be provided to any third party without Your consent.
All information (and copies thereof) collected by the Platform, including without limitation personal information and other information related to your access and use of the services offered by Website, may be retained by Platform for such period as necessary, including but not limited to, for purposes such as compliance with statutory or legal obligations, tax laws and potential evidentiary purposes and for other reasonable purposes such as to implement, administer, and manage your access and use of our services, or resolution of any disputes.
To ensure a seamless experience at the Website for you and to ensure your maximum benefit and comfort, the Website may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of Services offered by Website; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on the Website and its Services; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance the service.
The Platform uses certain third-party analytics tools to measure traffic and usage trends for the Services. These tools collect information, which is not personal or sensitive in nature sent by the Your device, including the web pages visited, add-ons, and other information that assists the Platform in improving the Services. Such information is collected from you in the form of anonymized logs, so that it cannot reasonably be used to identify any particular individual user.
15.
Pursuant to Your subscription to the Paid Service(s), You will be liable to pay such fees as shall be communicated by Melooha on the Platform.
16.
The payments shall be made by You, via any of the means as available in the Platform including but limited to credit card, debit card, net banking facility, UPI wallets etc. You understand, accept and agree that the payment facility provided by Melooha is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks.
17.
You are under an obligation to provide your banking information as and when required. For that purpose, you are obligated as follow : -
You agree that the debit/credit card details provided by you for use of the aforesaid Services must be correct and accurate and that you shall not use a debit/ credit card, that is not lawfully owned by you or the use of which is not authorized by the lawful owner thereof. You further agree and undertake to provide correct and valid debit/credit card details.
The User may pay the fees required, to the Website by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:You are fully and lawfully entitled to use such credit / debit card, bank account for such transactions;You are responsible to ensure that the card/ bank account details provided by you are accurate;You are 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 you inclusive of the applicable fee.
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You. All payments made against the Services on Platform by You shall be compulsorily in Indian Rupees/ United States Dollar, as the case maybe, acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
18.
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You. All payments made against the Services on Platform by You shall be compulsorily in Indian Rupees/ United States Dollar, as the case maybe, acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
19.
You hereby expressly agree and acknowledge that the payment made to Melooha with regard to subscription of Paid Services shall be non-refundable and You shall not be entitled to claim refund of any portion of the amount fee paid to Melooha for any reason whatsoever.
20
In the event any tax or the like is chargeable by Melooha in accordance with any local, state, provincial or foreign laws with respect to Your use of our Services ("Taxes"), Melooha will invoice You for such Taxes. You agree to pay Melooha such Taxes in addition to the any payments due under the T&C.
21.
All or any of the Services offered through the Platform may be temporarily unavailable or may not be offered to You, for various reasons which could include but not limited to Your geographic limitations, or prohibition / restrictions under applicable laws or policies or due to any technical faults or interruptions.
22.
Unless otherwise indicated by Us, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights, unfair competition laws and other applicable national and international laws and conventions. We reserve all rights not expressly granted to You in and to the Platform, the Content and the Marks.
23.
Melooha cannot and does not guarantee or warrant that files available for downloading through the Platform will be free of infection by software viruses or other harmful computer code, files or programs.
24.
You agree and acknowledge that the unauthorized use of the Content / Platform may violate copyright, trademark, and other applicable laws and shall cause irreplaceable damage to Melooha. Therefore, Melooha shall have right to initiate any proceedings or any other process under applicable law which is available to it and the same shall be in addition to recovery of damages for such unauthorised use of the Content/Platform.
25.
The Platform and none of the Content shall be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed for any commercial purpose whatsoever, without Our express prior written permission.
26.
We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these T&C; (2) take appropriate legal action against anyone who, in our sole discretion, violates the applicable law or these T&C, including without limitation, reporting such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable the access of any Services or any portion thereof; (4) in Our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
27.
Melooha’s Services integrate with many third party applications ("Third Party Application(s)"). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications ("Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Melooha is not liable for any Third Party Applications. While we will try to provide You with advance notice, whenever reasonably possible, You acknowledge and agree that Melooha may, at any time and in our sole discretion, and without any notice to You, suspend, restrict or disable access to or remove from Services, any Third Party Application, without any liability to You, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
28.
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
29.
As a user of the Platform, You agree not to:
Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
Trick, defraud, or mislead Us and other Users, especially in any attempt to learn sensitive account information such as User Credentials.
Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
Use any information obtained from the Platform in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Platform in a manner inconsistent with any applicable laws or regulations.
Use the Platform to advertise or offer to sell goods and services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer Your profile.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
Copy or adapt the Platform’s software, including but not limited to, PHP, HTML, JavaScript, or other code.Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way jeopardizing any part of the Platform.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.Make any unauthorized use of the Platform, including collecting Credentials of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Platform as part of any effort to compete with us or otherwise use the Platform for any revenue-generating endeavour or commercial enterprise.
30.
We care about data privacy and security. By using the Platform, you agree to be bound by our Privacy Policy posted on the Platform, which is deemed to be incorporated into these T&C of Use. Please be advised the Platform is hosted in India. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Platform, you are transferring your data to India, and you agree to have your data transferred to and processed in India.
31.
you expressly understand and agree that the use of theservices is at your sole risk. the services are provided on anas-is-and-as-available basis. melooha expressly disclaims all warranties of anykind, whether express or implied, including, but not limited to, the impliedwarranties of merchantability and fitness for a particular purpose. meloohamakes no warranty that the services will be uninterrupted, timely, secure, orerror free. use of any material downloaded or obtained through the use of theservices shall be at your own discretion and risk and you will be solelyresponsible for any damage to your computer system, mobile telephone, wirelessdevice or data that results from the use of the services or the download of anysuch material. no advice or information, whether written or oral, obtained byyou from melooha, its employees or representatives shall create any warrantynot expressly stated in the agreement. to the extent permitted byapplicable law, we make no warranties or representations about the accuracy,reliability, timeliness or completeness of the service’s content, the contentof any site linked to the service, contributions, information or any otheritems or materials on the service or linked to by the service. we assume noliability or responsibility for any (a) errors, mistakes or inaccuracies ofcontent and materials, (b) personal injury or property damage, of any naturewhatsoever, resulting from your access to and use of the service, (c) anyunauthorized access to or use of our secure servers and/or any and all personalinformation stored therein, (d) any interruption or cessation of transmissionto or from the service, (e) any bugs, viruses, trojan horses, or the like,which may be transmitted to or through the service by any third party, and/or(f) any errors or omissions in any content and materials or for any loss ordamage of any kind incurred as a result of the use of any content posted,transmitted, or otherwise made available via the service.
32.
you agree that melooha shall, in no event, be liable for anyconsequential, incidental, indirect, special, punitive, or other loss or damagewhatsoever or for loss of business profits, business interruption, computerfailure, loss of business information, or other loss arising out of or causedby your use of or inability to use the service and the services of anythird-party or service provider so engaged under these t&c, even if meloohahas been advised of the possibility of such damage. in no event shall melooha’sentire liability to you in respect of any service, whether direct or indirect,exceed the fees paid by you.
33.
You agree to indemnify and hold harmless Melooha, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the T&C herein, or any other claim related to your use of the Services, except where such use is authorized by Melooha.
34.
Melooha shall not be liable for any failure to perform any obligations under these T&C, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of Melooha and in such case our Services under these T&C shall be suspended for so long as such event continues.
35.
We may modify these T&C upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the T&C that affect your rights, you will be provided with a notice of the changes either through the Platform or by email to your primary email address. You may choose to terminate your use of the Services or disable Your Account through the Platform if the T&C are modified in a manner that substantially affects your rights in connection with use of the Services.
36.
Any violation of this T&C or any indecent action towards third party service provider will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, users will not receive any credit or payment or refund from Melooha. Without limiting Melooha of other remedies, You must pay Melooha for all fees owed to us and reimburse Melooha for all losses and costs (including any and all Melooha associate, officers or representatives time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees. In the event of termination, you will have no claim whatsoever against Melooha in respect of any such suspension or termination of your subscription, but you shall settle all dues owed to Melooha upon the termination.
37.
You, acknowledges that no joint venture, partnership, employment, or agency or “service provider-consumer” relationship is crated or exists between You and Melooha, as a result of the Your use of the Platform.
38.
Melooha’s performance under these T&C is subject at all times to existing laws and legal process and nothing contained in these T&C is in derogation of Melooha's right to comply with law enforcement requests or requirements relating to a User's use of Melooha or information provided to or gathered by Melooha with respect to such use.
39.
You shall not assign any rights or obligations arising under this T&C, whether by operation of law or otherwise, without the prior written consent of Melooha. You agree that Melooha may subcontract certain aspects of the Service to third party service providers for the fulfilment of Services as per these T&C.
40.
Any claim or controversy that arises out of or relates to this T&C, or the breach of it, the same shall be referred to a person nominated by Melooha whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act 1996 and applicable rules thereto. The seat of arbitration shall be in Nagpur, India and the process shall be in English Language.
41.
Notwithstanding the foregoing, if you breach or threaten to breach any provision of this T&C you acknowledge that irreparable harm will result to Melooha if you breach any obligation under this T&C and you acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, you agree that Melooha shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
42.
Melooha shall not be liable for any In the event that any provision of this T&C is held to be invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of this T&C will remain in full force and effect. Melooha’s failure to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. Any waiver or failure to enforce any provision of this T&C on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.to perform any obligations under these T&C, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of Melooha and in such case our Services under these T&C shall be suspended for so long as such event continues.
43.
These T&C shall be governed by the laws of India and in case of any dispute between you and Melooha, in relation to the Services, the Courts of Nagpur, India shall have exclusive jurisdiction.
44
In accordance with Information Technology Act 2000, Information Technology (Intermediaries Guidelines) Rules, 2011 and Consumer Protection (E-Commerce) Rules, 2020 made there under, the contact details of the Grievance Officer are provided below in order to contact him when you have some problem or grievance with respect to the Services of the Platform:Attn: Grievance OfficerEmail: vikram@melooha.com
Attn: Grievance Officer
Email: vikram@melooha.com
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