Terms & Conditions

TERMS AND CONDITIONS OF SERVICE AND USE

 

  1. GENERAL

 

  1. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the services and applications on the 'Tvam' vedic astrology  android and iOS mobile app (“Mobile Apps”) and the 'Tvam' vedic astrology Web app. The Mobile Apps and Web App shall collectively be referred to as (the “App”). The App is owned and operated by Tvarita Technologies Private limited, a Private Limited Company incorporated under the Laws of India (hereinafter referred to as the “Company”) having its registered office at A 2705, Parkwoods, Behind DMart, Ghodbunder Road, Thane Maharashtra, India, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

 

  1. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

 

  1. The term ‘You’ & ‘User’, shall mean any legal person or entity accessing or using the services provided on the App and who is competent to enter into binding contracts, as per the laws of India.
  2. The terms ‘We’, ‘Us’, ‘Our’ shall mean the App and/or the Company, as the context so requires.
  3. The term ‘Service’ shall interalia mean the following services provided through our App. The App serves as a tool for the Users to not only generate their birth charts, but also access predictions based on vedic astrology principles. The App also provides video explainers for some of the combinations. Users can unlock the premium features of the App by opting for an upgrade through Google Playstore or Apple App store upgrade payments (“Tvam Premium Upgrade”). Users can also opt for manual consultations which is different from the Tvam Premium Upgrade (which unlocks the automated predictions). Tvam Premium Upgrade does not provide access to manual consultations and Users have to pay through third party payment gateways (Paypal/Razorpay).

 

  1. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

 

  1. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
  2. The use of the App by the User is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use the App, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
  3. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the App, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the App constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
  4. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the App following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the App and the Services. If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
  5. The Services are licensed to you for your personal and non-commercial use only. Your use of the Services might be governed also by separate policies, as provided in connection with such services. We grant to you a limited, non-exclusive, non-sublicensable and non-transferable right to use only the executable version (no source code) of the Services application for your private use. The Services comprises the relevant application that enables you to use the Services. You affirm that you have not been previously suspended or removed from the Services. You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account. 

    If you download an application for accessing the Services, You may not use such application for any purpose other than the permitted access to the Services. You understand that for reasons that include, without limitation, system security and stability, Services may need to automatically updated, pre-loaded, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. 

 

 

  1. REGISTRATION

 

Users who opt to register with us are required to provide the following information which shall include but not be limited to Users full name, date of birth, time of birth, place of birth, location, mailing address, email ID, contact number including their mobile number, gender, age, billing information, etc. The User is required to complete the registration formalities by providing additional details including but not limited to VAT/Service Tax/GSTN/Company Registration Proof, Address & Identity Proof. The App may request other optional information, but the same shall be clearly indicated to be optional in nature.

This information is used to provide Users with important services and information that may be customised to their demographic, interests, and desired experience.

Use of the App is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the App as a User, You may do so through your legal guardian and the Company reserves the right to terminate your personal information on knowledge of you being a minor and having registered on the App or availing any of its Services.

Further, at any time during Your use of the App, including but not limited to the time of providing your information, in the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend or discontinue services provided to you. You agree that you will take sole responsibility for any activities or actions under your relevant name and information, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your personal information.

 

 

 

  1. SERVICE OVERVIEW

We provide astrological predictions and online consultations to Users to enable them to not only generate their birth charts, but also access predictions based on vedic astrology principles. The App provides video explainers for some of the combinations. Users can opt for a Tvam Premium Upgrade for which Users have to unlock the premium features of the App by opting for an upgrade through Google Playstore or Apple App store. Users can also opt for manual consultations for which Users have to pay through third party payment gateways (Paypal/Razorpay).

We do not provide any services in relation to 

 

The User hereby expressly authorizes the Company/Apps to disclose any and all information relating to the User in the possession of the Company/Apps to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Apps might be directed to disclose any information (including the identity of persons providing information or materials on the App) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

 

  1. SUSPENSION OF USER ACCESS AND ACTIVITY

 

Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the App, and/or refuse to usage of the App to the User, without being required to provide the User with notice or cause:

  1. If the User is in breach any of these Terms or the Policy;
  2. If the User has provided wrong, inaccurate, incomplete or incorrect information;
  3. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.

 

  1. INDEMNITY

 

You (the User) agree to indemnify, defend and hold harmless the Company/Apps, its independent service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) (“Loss”) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any misuse of this App or App, by you, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use.

 

 

Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

  1. Your use of the App,
  2. Any Discussions or Messages you provide;
  3. Your violation of these Terms and Conditions;
  4. Your violation of any rights of another;
  5. Your alleged improper conduct pursuant to these Services;
  6. Your conduct in connection with the App;
  7. Your internal disputes amongst other Users

 

You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.

In no event shall the Company/Apps be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Apps had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the App and/or the services or materials contained therein.

 

  1. LIMITATION OF LIABILITY
  1. The Founders/ Promoters/ Associated people of the App are not responsible for any consequences arising out of the following events:
    1. If the App is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
    2. if the User has fed incorrect information or data or for any deletion of data;
    3. if there is undue delay or inability to communicate through email;
    4. if there is any deficiency or defect in the services provided by Us;
    5. If there is a failure in the functioning of any other service provided by the App.

 

  1. The App accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the App or any service availed of by the User through the App. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The App will not be liable to you for the unavailability or failure of the App.
  2. Users may be held legally responsible for damages suffered by other Users, the App or any third party as a result of legally actionable or defamatory comments, remarks, or other information or Content posted to the App.
  3. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
  4. The App expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the App and which is incurred by you in connection with the App, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms. 
  5. To the fullest extent permitted by law, the App shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the App.
  6. The information and astrological interpretations based on your order are for spiritual knowledge purposes only. By requesting services, products, advice or any information from Us you agree to take full responsibility for any and all consequences acted upon and decisions made in utilizing the information provided or recommendations made or advice given and agree to release Us from any and all liability with regards to all Content on the site, app, reports and advice received.

 

  1. DISCLAIMER

 

The information published on the App in respect of services are for general information and reference purposes only, and are not intended to be of an authoritative nature under any circumstances. The facilities and Services are without any promises or guarantees on the same by the Company, and while certain information available on the App and Software is the property of the Company and the Company endeavours to keep the said information updated and accurate, the Company shall not make no representations or warranties of any kind, express or implied, about the completeness, accuracy, authenticity, reliability or suitability with respect to the information, products, services, or related graphics contained on the App for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

 

Astrology is guidance and you should seek other forms of advice for situations - never fully rely on astrology for an answer. This is spiritual knowledge that can only be realized subconsciously. No astrologer in the world including Us can predict and be 100% correct in their prediction.

 

The consultations are handled by people who know astrology to a certain extent and may or may not have education or formal training on the subject. The guidance provided in the consultations and predictions should be verified by the User for correctness before actually being used. We do not proclaim accuracy of data which depends on our vendors and technology which is vulnerable to failures.

 

The Company bears no responsibility whatsoever for any consequences arising from the use of the said services by Users. The use of the App/ App is the sole responsibility of the User (or legally authorised person on behalf of the User), and in case of any negligence on the part of the User in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Company/Apps. The Company shall not be accountable for any information including but not limited to promotional offers, loyalty/rewards, redemptions which the User provides to its customers and the Company shall bear no responsibility towards legal and regulatory compliances of the same. The Company shall bear no responsibility towards reviews and ratings which the Customer provides to the User.

 

Any and all advice provided to Users shall be for general information purposes only, and the final decision regarding which Services to avail of from the App shall be at the sole discretion of the User. The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of the App. Through this App you may be able to link to other Apps which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the App up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the App being temporarily unavailable due to technical issues beyond our control.

 

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the App’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the App and other distinctive brand features of the App are the property of the Company or the respective copyright or trade mark owner. Furthermore, with respect to the App created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the App.

 

The User may not use any of the intellectual property displayed on the App in any manner that is likely to cause confusion among existing or prospective Users of the App, or that in any manner disparages or discredits the Company/Apps, to be determined in the sole discretion of the Company.

 

The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User.

 

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

 

  1. DISCLAIMER OF WARRANTIES AND LIABILITIES

 

  1. The User agrees and undertakes that they are accessing the App and transacting at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the App, or accessing/using any information displayed thereon. 
  2. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from the App, written or oral, will not create any warranty and the App disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the App and the App doesn’t make any warranty about the conduct of Users on the App.
  3. The Company/App does not guarantee that the functions, products and services contained in the App will be uninterrupted or error-free, or that the App or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the App.
  4. The App is and may avail services from third parties to serve You better and these services will be provided on “as is” basis and the App disclaims any liabilities resulting from these third party services. The App will not be responsible for any internet delays and damages caused by such problems.
  5. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy
  6. We make no warranties or representations regarding the accuracy or significance of any aspect of the App, social media channels or any materials from U and cannot be responsible for any interpretation or use that may be made of it.

 

 

  1. FORCE MAJEURE

Neither the Company nor the App shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, terrorism, earthquake, flood, strike, riot, fire, explosion, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized acts, riot or other civil commotion, failure in transportation, act of any government or any court or administrative agency thereof,  epidemics or quarantine restrictions, or other cause(s) beyond the reasonable control of Us (“Force Majeure”).   Upon cessation of the cause of the Force Majeure, the Terms of Use given hereunder, shall again become fully operative. 

 

19.DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

 

a. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;

b. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Thane, India.

c. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

 

 

  1. NOTICES

 

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to :

Mr. Saurabh Mohnot – Co-Founder Tvam App

Address: A 2705 Parkwoods , Behind D Mart , GB Road , Thane West Maharashtra India

Contact: +918928180588

 Email: info@tvam.app

.

 

  1. MISCELLANEOUS PROVISIONS

 

  1. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
  2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
  3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

  4. Registration is required as you have requested a service requiring us to save your astrological details to serve you.Registration will enable you to access your content from any of your iOS or Android device and provide you a way to register at any time, if you wish to later extend access to additional iOS/Android devices.Your subscription content will be available to all iOS/Android devices owned by you.Registration is optional and you can skip it using the Skip button 

Contact Us: If you have any questions about this Agreement, the practices of this Apps, or your experience with the Service, you can contact us at : info@tvam.app

 

Copyright 2024, Tvam , All rights reserved.