TERMS OF SERVICE

Welcome to PAWANKAUSHIK.COM! The following sets forth the terms and conditions under which PAWANKAUSHIK.COM offers you access to our services.
Users are requested to go through our Terms and Conditions carefully, as they access the services from PAWANKAUSHIK.COM.

ACCEPTANCE:

Whenever you click on any of the services by PAWANKAUSHIK.COM, it shall be implied that you (a member, a user or a visitor) agree to the terms and conditions described herein. Please note that these terms of service may be amended by PAWANKAUSHIK.COM at any time based on their discretion and/ or keeping in tune with the changing scenarios and technology. However, also always bear in mind that they shall never be intended to directly affect or inhibit our customers, service quality or customer satisfaction.

DESCRIPTION of PAWANKAUSHIK.COM:

Pawankaushik.com provides astrological content, reports, data, telephone and email consultations via the World Wide Web, e-mail, mobile phone, SMS and other mobile/Tablet applications. Although portions of the content may be viewed simply by visiting the website pawankaushik.com (be it free or paid services). In order to access personalized astrological reports and/or receive additional content and services from pawankaushik.com, you may need to register as a member of the website to receive certain free/paid services. All free as well as paid services are referred to collectively in these terms of service as the “services.”

PAID SERVICES:

In regards to the paid services, member must agree to:

  • Provide certain updated, complete, and accurate information as prompted to do so by pawankaushik.com
  • Maintain this required information and keep it updated, complete and accurate. The information provided by the members on original sign-up, and all updates thereto, are referred to in these terms of service as “Registration Data.” All the services and content provided on the website are solely owned by pawankaushik.com.

MEMBER ELIGIBILITY:

The services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the services are not permitted to be used by minors (which means, in most jurisdictions, those under the age of 18) or temporarily or indefinitely suspended pawankaushik.com members.

MEMBER REGISTRATION DATA:

Upon registration/signing up, including your provision of registration data, you will receive an identification (User id) from pawankaushik.com and a password. You will be entirely responsible if you do not maintain the confidentiality of your User id and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You may change your password by following instructions on the website. You agree that your account, email id and password may not be transferred or sold to another party. You agree to immediately notify pawankaushik.com of any unauthorized use of your account or any other breach of security known to you.

OUR ACCESS TO YOUR ACCOUNT:

In order to ensure that pawankaushik.com is able to provide high quality services, respond to customer needs, and comply with laws, you hereby consent to pawankaushik.com employees and agents, being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or suspected abuse.

MODIFICATION TO SERVICES, BREACH or TERMINATION:

Pawankaushik.com may modify or discontinue (in whole or in part) the services or your account with us, with or without notice, for any reason without liability to you, any other user, or any third party. Without limiting the foregoing, we reserve the right to terminate your account immediately

  • if we are unable to verify or authenticate your registration data or other information provided by you,
  • if we believe that your actions may cause legal liability for you, pawankaushik.com, or all or some of our other users, or
  • if we believe you have: (i) provided us with false or misleading registration data or other information, (ii) interfered with other users or the administration of the services, or (iii) violated these terms of service or our privacy policy.

REFUND & CANCELLATION POLICY:

  • Refunds cannot be issued on the order of any reports under any circumstances, once it reaches the processing stage. Customers are requested to order carefully and with full consideration.
  • If you wish to cancel, please e-mail customer care team at [email protected] within 1 hour from making the payment.
  • The timelines displayed on the site are an approximate. We try to adhere to them to a very large extent. However, as these reports are individual and manually generated by our astrologers, some delays are possible. We will try on a best case to deliver as soon as possible. Delays will not be considered as biases for refunds.
  • We do not consider refunds for in-correct data provided by the customer. We request you to please re-check all your data when entered. Pawankaushik.com will not consider refund requests resulting from the incorrect data provided by you.
  • Any delay in the activation of subscription services will be dealt immediately and compensated on pro-rata biases.
  • No refunds will be issued on the return of damaged products. By ordering products on pawankaushik.com, the customer takes full responsibility of any damage caused to the product, post its delivery. In case an order was made via ‘cash on delivery’ mode of payment, the customer will be charged the cost of the product, as displayed on pawankaushik.com and the shipping/ customs/ courier charges or all three as applicable, if the product is returned.
  • The products and services offered by pawankaushik.com are not meant to replace any philosophical, emotional or medical treatment. It is offered here as a service. Pawankaushik.com holds no responsibility or liability about the reality or reliability of the astrological effects on the human physiology, by the gems represented and sold on the website. On ordering the customer assumes full responsibility upon this matter. Thus, no refunds will be issued on the ground.
  • Any damage caused to the product while in transit, will be dealt with by pawankaushik.com and its agencies.
  • While pawankaushik.com tries to make sure that the products displayed on the website are delivered to the customer in an as-is condition, the picture may differ slightly from the original product. The customers are advised to exercise discretion in this matter. No refunds will be issued on this bias.
  • All refunds will be made after deducting the transaction charges levied by the bank and / or the payment gateway, the cost of shipping or courier charges (back and forth), customs duty and / or any other charges that may have been borne by pawankaushik.com in processing and / or delivering the service, as applicable.
  • Multiple payments against the same order will be refunded in full (without deducting transaction charges on the duplicate payments), after retaining the cost of a singular order.

MEMBER BEHAVIOR AND RESTRICTIONS:

Your right to use the services is personal to you. You represent that you are an individual and that you are not a corporation or other business entity. You agree not to resell or make any commercial use of the services without the express written consent of pawankaushik.com. You are solely responsible for the contents of your transmissions through our website. You agree:

  • To comply with all Indian laws regarding the transmission of technical data exported from the India through the service;
  • Not to use the website or the services for illegal purposes;
  • Not to interfere or disrupt networks connected to pawankaushik.com;
  • To comply with all applicable regulations, policies and procedures of networks connected to the pawankaushik.com website; and
  • To comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the services.

Pawankaushik.com makes use of the internet to send and receive certain messages; therefore, your conduct is subject to internet regulations, policies, and procedures. You will not use pawankaushik.com for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through pawankaushik.com any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree 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. You shall not interfere with any other pawankaushik.com members’ use or enjoyment of the website or services.

NO WARRANTY

You understand and agree that:

  • The services are provided “as-it-is”. Pawankaushik.com assumes no responsibility for availability (or lack thereof), timeliness (or lack thereof), deletions, mis-deliveries, or failures to store any member communications or personalization settings;
  • In particular, but not by way of limitation, pawankaushik.com may delete e-mail or other accounts or the information therein if the account is inactive for more than 90 days;
  • Use of the services is at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data;
  • No advice or information, whether oral or written, obtained by you from pawankaushik.com or through the services shall create any warranty.

LIMITATIONS OF LIABILITY

In no event will pawankaushik.com or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages of any kind, including but not limited to damages for loss of profits and the cost of procurement of substitute goods and services (collectively, “indirect damages”) arising out of or in connection with our website, the services, our privacy policy, or these terms of service (however arising, including negligence), even if pawankaushik.com had been advised of the possibility of such damages. Without limiting the foregoing, pawankaushik.com and its suppliers will not be liable for indirect damages arising out of or in connection with:

  • the use of or the inability to use the services;
  • any goods or services purchased or obtained through pawankaushik.com’s site, or messages received or transactions entered into through pawankaushik.com’s services;
  • loss of, unauthorized access to, or alteration of, a user’s transmissions or data.

INDEMNIFICATION:

You agree to indemnify, defend and hold harmless pawankaushik.com and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the services, your violation of the privacy policy or these terms of service, or your violation of any third party’s rights, including without limitation, infringement by you or any other user of your account of any intellectual property or other right of any person or entity. These terms of service will inure to the benefit of pawankaushik.com’s successors, assigns, and licensees.

PROPRIETARY RIGHTS TO CONTENT:

You acknowledge that the content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or distributed via email, commercially produced information presented to member by pawankaushik.com, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You are not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the content unless expressly authorized by pawankaushik.com, its suppliers, or advertisers.

NOTICES:

Except as otherwise stated in these terms of service, all notices to a party shall be in writing and shall be made either via email or snail mail. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit in the snail mail, to member at the address provided by member in the registration data and to pawankaushik.com at the address set forth below:

C-29, 2nd Floor, Omaxe City Center,
Sector-49, Sohna Road,Gurgaon-122002

ARBITRATION:

Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules in the Indian Law. The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules in the Indian Law, and judgement on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Chandigarh 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 Chandigarh, Haryana for any such proceeding.

GENERAL PROVISIONS:

These terms of service will be governed by and construed in accordance with the laws of India without giving effect to any choice of law 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 will be effective only if in writing and signed by PAWANKAUSHIK.com. 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.