Terms Of Service
The patrons are requested to go through the Terms and Conditions carefully, as they access the services from GANESHASPEAKS.COM.
Whenever you avail any of the serviced by GANESHASPEAKS.COM, it shall be implied that you (a member, a user or a visitor) agree to the terms and conditions described herein.
Whenever you click I AGREE button anywhere on this website, it is implied that you agree with the stated TERMS OF SERVICE. Please note that these terms of service may be amended by GANESHASPEAKS.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.
1. Description Of GaneshaSpeaks.com:
GANESHASPEAKS.COM provides astrological content, reports, data, telephone, SMS, email and direct consultations’ content via the World Wide Web, electronic mail, and mobile telephone, telephone, SMS and mobile/ tablet applications. Although portions of the Content may be viewed simply by visiting the GANESHASPEAKS.COM (the General Services), in order to access the personalized astrological zone and/or receive additional Content and services (including telephone-based services) from GANESHASPEAKS.COM (the Personalized Services), you shall need to register as a member of GANESHASPEAKS.COM.
2. The General Services and the Personalized Services
have been referred collectively as ‘Services’ in these Terms of Service. When a member avails any of the Personalized Services, the member agrees to:
– Provide the requisite amount of current, relevant, complete, and accurate information about himself/ herself, as and when prompted to do so by GANESHASPEAKS.COM
– Maintain and update this information, as and when required, to keep it current, complete and accurate.
– Please note that all information that We request and You provide on original sign-up, and all updates thereto, are referred to in these Terms of Service as Registration Data.
3. Member Eligibility:
The Services are available only to individuals who can form legally binding contracts under the 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 GANESHASPEAKS.COM members.
4. Member Registration Data:
Upon registration, including your provision of Registration Data, you will receive a unique GANESHASPEAKS.COM identification (ID) and a password. You shall be entirely responsible for maintaining the confidentiality of your GANESHASPEAKS.COM ID and password. You shall be 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, ID, and password may not be transferred or sold to another party. You shall also agree to immediately notify GANESHASPEAKS.COM of any unauthorized use of your account or any other breach of security known to you.
5. Our Access To Your Account:
In order to ensure that GANESHASPEAKS.COM is able to provide high quality services, respond to customer needs, and comply with laws, you shall hereby consent to GANESHASPEAKS.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.
6. Modification To Services; Breach; Termination:
GANESHASPEAKS.COM may modify or discontinue (in whole or in part/s) any of its Services or your membership account, with or without notice, for any reason without any liability to you, any other user, or any third party. Without limiting the foregoing, we also reserve the right to terminate your account immediately (a) if We are unable to verify or authenticate Your Registration Data or other information provided by you, (b) if We believe that your actions may cause legal liability for you, GANESHASPEAKS.COM, or all or some of our other users, or (c) if We believe you have – provided us with false or misleading Registration Data or other information, have interfered with other users or the administration of the Services, or have violated these Terms of Service or our Privacy Policy.
7. Privacy Policy:
Privacy of our customers and subsidiaries is very important to us, and thus is our Privacy Policy. This Privacy Policy may be updated from time to time, and, the changes shall be incorporated into these Terms of Service for reference. We may amend our Privacy Policy from time to time pursuant to the terms for amending this Terms of Service.
8. Member Behavior And Restrictions:
COMPLIANCE WITH LAWS: Your right to use our 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 GANESHASPEAKS.COM. You are also solely responsible for the content of your transmissions through our Website. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree:
– To comply with all Indian laws regarding the transmission of technical data exported from India through our Services
– Not to use the Website or any of its Services for illegal purposes
– Not to interfere or disrupt networks connected to GANESHASPEAKS.COM
– To comply with all applicable regulations, policies and procedures of networks connected to the GANESHASPEAKS.COM website; and
– To comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.
GANESHASPEAKS.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 GANESHASPEAKS.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 GANESHASPEAKS.COM any unlawful, harassing, libellous, 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 offence, 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/ servers are strictly prohibited. You shall not interfere with any other GANESHASPEAKS.COM members use or enjoyment of the Website or Services.
9. No Warranty
You ought to understand and agree that all the Services by GANESHASPEAKS.COM are provided on the User’s demand. Besides, GANESHASPEAKS.COM assumes no responsibility for availability (or lack thereof), deletions or failures to store any member communications or personalization settings. in particular, but not by way of limitation, GANESHASPEAKS.COM may delete e-mail or other accounts or the information therein if the account is inactive for more than ninety (90) days the use, application and understanding of all the predictions and explanations is on the User’s discretion, and the User shall be solely responsible for any eventuality, if any arises. GANESHASPEAKS.COM, on behalf of itself and its subsidiaries, disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, or non-infringement and it makes No Warranty or representation regarding the results that may be obtained from the use of content or services, the accuracy or reliability of any content obtained through the services, any goods or services purchased or obtained through GANESHASPEAKS.COM, or any transactions entered into through GANESHASPEAKS.COM’s site, and makes No Warranty that the services will, at all times, meet your exact requirements, be 100% uninterrupted, 100% timely, secure or error free. No advice or information, whether oral or written, obtained by you from GANESHASPEAKS.COM or through the services shall create any such warranty.
10. Limitations Of Liability
In no event will GANESHASPEAKS.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 GANESHASPEAKS.COM had been advised of the possibility of such damages. without limiting the foregoing, GANESHASPEAKS.COM 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 SERVICES PURCHASED OR OBTAINED THROUGH GANESHASPEAKS.COMS SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH GANESHASPEAKS.COMS SERVICES; OR LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF USERS TRANSMISSIONS OR DATA
11. Indemnification:
You agree to indemnify, defend and hold harmless GANESHASPEAKS.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 partys 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 GANESHASPEAKS.COM’s successors, assigns, and licensees.
12. Proprietary Rights To The 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 the Member by GANESHASPEAKS.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 GANESHASPEAKS.COM, its suppliers, or advertisers.
13. 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 Indian Post. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit to Member at the address provided by Member in the Registration Data and to GANESHASPEAKS.COM at the address set forth below:Wellness Technologies Private Limited
GaneshaSpeaks.com
9th Floor, Sambhav House,
Opp. Chief Justice Bungalow,
Bodakdev,
Ahmedabad , Gujarat, India – 380015
14. Arbitration; Injunctive Relief:
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 Ahmedabad 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 Ahmedabad, Gujarat for any such proceeding.
15. 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 GANESHASPEAKS.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/ s.