Terms and Conditions of Use
Last Updated: [October 15, 2024]
Welcome to TheCosmicPower! By accessing or using our website, you agree to comply with these Terms and Conditions. Please read them carefully.
These Terms and Conditions of Use (hereinafter referred to as “Terms of Use”) outline and govern the User’s access to the content and services provided by TheCosmicPower through our website, www.thecosmicpower.com (hereinafter referred to as “We,” “TheCosmicPower,” “us,” “our,” or “the Website”).
MODIFICATIONS & UPDATES
The Website may update, amend, or modify these Terms of Use occasionally. Users are responsible for reviewing the Terms of Use periodically to ensure compliance with the current terms.
USER ACKNOWLEDGMENT
By accessing and using the Website, you (“Member,” “You,” “Your”) acknowledge that you understand these terms and unconditionally consent to the Terms of Use. If you do not agree with the Terms of Use, please refrain from clicking the “I AGREE” button. We advise you to read the Terms of Use carefully before using or registering on the Website or accessing any materials, information, or services provided. Your use of the Website, including any future amendments, signifies your acceptance of these terms and your agreement to be legally bound by them.
GENERAL GUIDELINES
The Website is an online portal available on the World Wide Web, as well as through applications and other electronic platforms, offering astrological content, reports, data, and consultations via telephone, video, and email (collectively referred to as “Content”). We provide both “Free Services” and “Paid Services” (together referred to as “Services”). Free Services can be accessed without membership; however, to access personalized astrological services, receive additional Content, and utilize Paid Services, you must register as a member on the portal. By registering for Paid Services, you agree to:
- Provide accurate, complete, and up-to-date information as requested by the Website.
- Maintain and update your information as necessary to ensure its continued accuracy and completeness.
ACCOUNT CREATION AND ELIGIBILITY
- By accessing this Website, you affirm that you are at least 18 years old and capable of entering into a legally binding contract as per the Indian Contract Act, 1872. We are not liable for any misuse of our services by anyone, including children. However, you can inquire about children in your family, as outlined in our policy.
- To access our services, you must first register as a member on our website. During the registration process, please ensure that all the information you provide is current and correct. This information is referred to as “Registration Data.”
- You can sign up for an account using your phone number and an OTP, or your Facebook, Gmail, or another email. When creating your account, please ensure that all the information you provide is correct and up-to-date. You can’t use someone else’s account information. If we discover that the information you provided is inaccurate, we may suspend or terminate your account and restrict your future access to the website.
- We’ll be transparent about whether the service you’re using is provided by us or by a third party. We have no control over the information that is shared with third parties through our website.
- You agree that your personal information, including your credit ,debit card, or upi details may be vulnerable to misuse, hacking, theft, or fraud during online transmission. We and our payment service providers cannot prevent these risks.
RESTRICTIONS ON SERVICE USE
TheCosmicPower has some guidelines about who can use our services. Unfortunately, we can’t allow access if:
- You live in a jurisdiction where our services are prohibited.
- Your country or state has laws or regulations that prevent trade relations.
- Your religious practices prevent you from using our services.
- You have created multiple accounts using different phone numbers. You are only allowed to have one active account with us.
VOICE CALL WITH ASTROLOGER FEATURE
When you book our voice call service online, our customer care team will contact you right away. You can ask questions and talk directly to our representative. They’ll schedule a time that works for you and help you with anything you need.
ONLINE VIDEO SESSION WITH THE ASTROLOGER
After you book our video meeting service on our website, our customer care team will call you as soon as possible. You can ask questions and discuss your needs directly with our representative via video call. They’ll set up a convenient time for your meeting and assist you using Zoom or another video conferencing platform.
CONTENT ON THE SITE
- This website, as well as any websites linked to it, are considered private property.
- All interactions on this website, including guidance from licensed providers, are subject to our terms of use.
- You cannot post or share anything on this website that violates someone else’s rights, is illegal, offensive, harmful, private, vulgar, obscene, disrespectful, or encourages illegal or harmful behavior.
- We can suspend or terminate your access to the website or your account if you violate our terms and conditions. If your account is terminated, you will not be able to access the website.
- We may change or stop any part of the website, including its content, graphics, deals, offers, settings, etc., at our discretion.
- Any information on this website, other than advice from licensed providers, educational materials, graphics, research sources, and other incidental information, should not be interpreted as medical advice.
- We are not responsible for the medical advice provided by third-party service providers, including registered astrologers. You should always seek advice from a qualified healthcare professional for diagnosis and treatment, including medication and treatment options. We don’t endorse any specific tests, medications, products, or procedures.
- We are not responsible for any negative consequences that may occur after you use our services. Neither we nor the service providers guarantee any specific results, and using the website in such cases is entirely at your own risk.
- If you experience harm caused by another member, service provider, or third party linked to our website, you can only seek legal remedies from that specific party. You cannot hold us liable for their actions or omissions.
ACCESS TO USER ACCOUNTS
We may access your account and information to ensure high-quality services and address your needs effectively. You agree that we, our employees, agents, and other appointed people can access your account. We investigate complaints and suspected abuse on a case-by-case basis using the information available. Please read our Privacy Policy for details on the information we collect.
PRIVACY POLICY
You acknowledge that you have read and understand our Privacy Policy. You further agree to the terms and conditions of our Privacy Policy, including any future updates or changes.
INFRIGMENT AND TERMINATION
- We reserve the right to modify, discontinue, or change your services or account, with or without notice. There may or may not be a reason for these changes.
- If you violate any of our terms and conditions, we may immediately cancel your registration. We also reserve the right to terminate your account and take further action.
- We are unable to verify or authenticate the information you provide when you register or use our website.
- We believe that your actions may create legal liability for us, other users, or service providers linked to our website.
- We believe that you have provided us with false or misleading information, interfered with other users or our services, or violated our Privacy Policy.
- As a service provider, including an astrologer, you understand that your relationship with us is limited to being a member. You work independently and for your own benefit. We may terminate or deactivate your profile if you violate our terms of use or the service terms and conditions you agreed to when you registered.
FULFILLMENT, CANCELLATION, AND REFUNDS POLICY FOR ASTROLOGICAL SERVICES
- Booking Options
- Services can be booked either locally or through online payment methods.
- Payment Confirmation
- Online Payments: Upon successful online payment, a confirmation message will be sent to the user’s email address.
- Local Payments: For local payments, our customer service team will call the user to confirm the booking before processing the payment.
- Processing Stage
- Refunds will not be issued for any report orders once they have entered the “processing” stage (i.e., assigned to an Astrologer). Users assume full responsibility for any hasty or careless order placements, and the website is not liable for refunds once processing has begun.
- Cancellation Before Service Execution
Once a service is booked and executed, no refunds will be provided. However, if the user wishes to cancel an order before execution, they must reach out to customer care within one hour of completing the payment. After this timeframe, the decision to issue a refund will be at the sole discretion of the website. - Technical Delays
- Refunds will not be granted for any technical delays or glitches that occur on the website during the processing of requests, including report generation by the service provider (Astrologer). Users acknowledge that timelines provided are approximate, and all necessary efforts will be made to meet those timelines.
- Incorrect Information
- Refunds will not be issued if incorrect information or data has been provided by the user. Users are advised to exercise caution when entering information on the website and should verify their entries before clicking “Submit.” If corrections are needed, users must contact customer care within one hour of the service being provided.
- Call with Astrologer
- No refunds will be issued for incorrect contact numbers provided for the “Call with Astrologer” feature. Users are advised to maintain their contact number in an area with full coverage and to answer the call when received. Refunds will not be processed for any connected calls.
- Transaction Deductions
- Any refunds processed will be subject to deductions for transaction fees charged by the bank and/or payment gateway, as well as shipping and customs charges incurred during the transaction and delivery of services, where applicable.
- Payment Gateway Issues
- If the website or its linked payment gateway experiences server issues such as slowdowns or timeouts, users should check their bank account to confirm whether the account has been debited before attempting a second payment. If the account shows a debit, users should refrain from making another payment and contact customer care for confirmation. If the account is not debited, users may initiate a new transaction.
- Multiple Payments
- In the event of multiple payments for the same order, refunds will be issued in full without deducting transaction fees, with the website retaining only the cost of one intended order.
- No Refunds After Services
- Once services are rendered, no refunds will be issued.
- Cancellation and Refund Requests
- If a user books online and a scheduled service is canceled, they may file a refund claim. The request must be made promptly after notification of cancellation.
- Rescheduling Policy
- Users are encouraged to inform our customer service team if they need to reschedule their booking. We will do our best to accommodate the new schedule.
- Customer Responsibility
- Users are advised to ensure all information is accurate during the booking process to avoid issues with confirmations and refunds.
- Right to Refuse or Cancel Orders
- The website reserves the right to refuse or cancel any order at its discretion for any reason, including but not limited to service unavailability, pricing errors, or other identified issues.
USER RESPONSIBILITIES & OBLIGATIONS
The User (including the Astrologer and Member Customer) is obligated to adhere to the privacy policy, terms and conditions, and any other regulations defined on the Website. The User represents that they are an individual and not a corporation or other legal entity. The right to use the Website’s services is personal to the User. While using the Website and engaging in any communication on the forums, including the products listed, the User must not violate the following terms and conditions:
- Prohibited Content: The User shall not post, publish, or transmit any messages that are false, misleading, defamatory, harmful, threatening, abusive, harassing, offensive, promote racism, hatred, or harm against any individual, group, religion, or caste. The User shall not infringe upon the rights of others, including intellectual property rights, nor encourage conduct that violates any applicable laws or regulations.
- Unauthorized Content: The User shall not upload or make available any content that they do not have the right to share under any law or contractual obligation.
- Intellectual Property Rights: The User shall not upload or post content that infringes on any patent, trademark, copyright, or proprietary rights of any party. Excerpts of copyrighted material may be posted only in accordance with Fair Use guidelines.
- Data Collection: The User shall not collect screen names and email addresses of other members registered on the Website for advertisement, solicitation, or spam.
- Unsolicited Communications: The User shall not send unsolicited emails, junk mail, spam, chain letters, or promotions for products or services.
- Malicious Software: The User shall not upload or distribute files containing viruses, corrupted files, or any software that may damage the operation of the Website or another user’s computer.
- Interference: The User shall not engage in activities that disrupt or interfere with access to the Website.
- Unauthorized Access: The User shall not attempt to gain unauthorized access to any portion of the Website, its systems, or networks connected to it through hacking or other illegitimate means.
- Compliance with Laws: The User shall not violate any applicable laws or regulations, and the use of the Website is intended for personal use only.
- Commercial Use: The User shall not resell or make any commercial use of the Services without express written consent from the Website.
- Terms of Use: The User shall not violate any Terms of Use, including any applicable additional terms contained herein or elsewhere.
- Modification of Content: The User shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any information or software obtained from the Website.
- Communications: By becoming a registered member, the User agrees to the following:
- The User consents to receive specific emails, SMS, and calls from the Website.
- The User shall not transmit any unlawful, harassing, abusive, or otherwise objectionable material via the Website.
- The User shall not engage in conduct that could constitute a criminal offense or violate applicable laws.
- Community Respect: The User shall not interfere with other members’ use or enjoyment of the Website or its Services.
- Reporting Misuse: The User is obligated to report any misuse or abuse of the Site. If any violations of this Agreement are observed, the User must report them to Customer Care. Upon receiving such complaints, the Website may investigate and, if necessary, terminate the membership of the responsible party without refunding the subscription fee.
- False Complaints: Any false complaint made by a Member may lead to termination of their membership without a refund of the subscription fee.
- Abusive Behavior: The Website reserves the right to withdraw its services from any customer who is found to be unreasonable or abusive during conversations with service providers, including astrologers.
The Website will take all reasonable steps to address any violations of the above obligations. However, if a situation is deemed uncontrollable, the Website reserves the right to issue a written warning. Repeated violations by the User may result in a total ban from transacting on the platform. If the User has a balance in their wallet, it will be refunded subject to any applicable charges for such violations.
PAYMENT ACCOUNT DETAILS
We require users to provide their banking information as necessary. Please keep the following in mind:
- When submitting your debit or credit card information or UPI details for our services, ensure that the information is accurate and valid. Only use cards or UPI accounts that you legally own or have authorization to use.
- Payments can be made on our website using a debit/credit card, UPI, or through your online banking account. When initiating a payment or entering your card, bank, or UPI information, please confirm:
- You are authorized to use the specified card, bank account, or UPI for these transactions.
- You are responsible for ensuring that the details you provide are correct.
- Before completing a payment, verify that sufficient funds are available in your card, bank account, or UPI to cover the total amount due, including any applicable fees.
- If any provision of these Terms of Use is deemed invalid or unenforceable, it will be replaced with a valid provision that closely reflects the original intent, while the remaining Terms will continue to be in effect.
DISCLAIMER / LIABILITY LIMITATIONS / ASSURANCES
- The User acknowledges that, as far as legally permissible, TheCosmicPower does not provide any warranties for its services. Astrological counseling is based on the individual knowledge and experience of astrologers, which may vary.
- TheCosmicPower offers services through a verified panel of astrologers who may recommend mantras, yantras, gemstones, or other remedies. These recommendations are made in good faith; however, TheCosmicPower and its affiliates do not guarantee that:
- The services will meet your needs.
- Services will be uninterrupted, timely, secure, or error-free.
- Results obtained will be accurate or reliable.
- The quality of any products or services purchased will meet your expectations.
- Any software errors will be corrected.
- Users must disclose their emotional, mental, and physical states fully so that astrologers can provide informed advice.
- Services and materials are offered on an “as is” basis without any warranties, whether express or implied, including warranties of title, non-infringement, merchantability, or fitness for a particular purpose. TheCosmicPower does not guarantee:
- That services will meet your requirements.
- Your experience will be uninterrupted or error-free.
- Results will be effective or reliable.
- The quality of services or materials will meet your expectations.
- Any errors will be corrected.
- TheCosmicPower is not liable for any issues related to User content, including intellectual property rights or privacy violations. It also disclaims responsibility for any misuse or unavailability of User content.
- TheCosmicPower is not liable for any losses due to unauthorized account use, whether or not the User is aware. While TheCosmicPower strives for accuracy, it does not guarantee the completeness or reliability of any information provided.
- TheCosmicPower will not be responsible for delays, failures, or any issues arising from the use of its services or functionalities. It is also not liable for any outages due to maintenance or technical issues beyond its control.
- The User acknowledges that any material downloaded from TheCosmicPower is done at their own risk and they are responsible for any damage to their systems. TheCosmicPower is not liable for typographical errors affecting promotions.
- The services provided are for entertainment purposes only. TheCosmicPower disclaims all warranties related to the accuracy or reliability of any content or results from using its services.
- Services may include astrological content, reports, tarot readings, consultations, and products sold through TheCosmicPower Shop. TheCosmicPower charges for chat/call services per minute and is not responsible for claims regarding the effects of any products.
- Advisors on the site are independent members and not employees of TheCosmicPower. While their credentials are verified, TheCosmicPower does not endorse or guarantee their advice or services.
- TheCosmicPower is not a suicide prevention platform. If you are in crisis, please discontinue use immediately and contact emergency services.
- TheCosmicPower is not liable for inaccuracies or delays in information transmission. Under no circumstances will TheCosmicPower or its affiliates be liable for any damages arising from service inadequacies or unauthorized data access.
- Notwithstanding any provisions herein, TheCosmicPower’s liability to you is limited to the amount paid for the service during your membership term.
INDEMNIFY
The User agrees to protect and compensate the Website and its team—including its parent company, subsidiaries, and agents—against any claims, damages, or costs (such as attorney’s fees) that arise from the User’s use of the Services. This includes any violations of the Privacy Policy, these Terms of Service, or the rights of others, including copyright issues. These Terms will also benefit the Website’s future successors and partners
OWNERSHIP AND RIGHTS TO CONTENT
The User understands that all Content, including but not limited to text, software, music, audio, images, videos, graphics, and materials found in sponsor advertisements or distributed via email, is protected by copyrights, trademarks, service marks, patents, and other proprietary rights and laws. The User is prohibited from copying, using, reproducing, distributing, performing, displaying, or creating derivative works from the Content without explicit permission from TheCosmicPower, its suppliers, or advertisers. Additionally, images, text, designs, and other materials on TheCosmicPower’s portals may be sourced from various online platforms, such as Google Images. TheCosmicPower assumes no responsibility for any copyright issues related to that content or data.
DISPUTE RESOLUTION AND LEGAL MATTERS
- If any disagreements come up regarding these Terms of Use, including whether they should be settled through arbitration or how you use the Application, we’ll resolve them through arbitration in India. A single arbitrator, agreed upon by both parties, will take care of the case. This process will follow the Arbitration and Conciliation Act of 1996, with hearings held in New Delhi. All discussions and decisions during arbitration will be in English, and the final decision will be binding for everyone involved.
- However, either party can ask a court in New Delhi for temporary help to protect their rights while the arbitration is happening. Both parties agree to let the Indian courts in New Delhi handle these issues. If one party breaks this agreement, the other can claim up to one lakh rupees (INR) for legal fees and costs.
- These Terms of Use will be guided by Indian law, without looking at laws from other places. If a court finds any part of these Terms or the Privacy Policy unenforceable or invalid, we’ll adjust it to reflect what was originally intended, while staying within the law. The rest of the Terms will still apply. Please note that headings are just for reference and don’t define what any section covers. Any changes to these Terms must be in writing and signed by TheCosmicPower. This document serves as the complete agreement between both parties, replacing any earlier agreements.
- Your use of the Services and these Terms will be understood under Indian law, excluding any conflicting laws. Both parties agree to bring any disputes to a court in New Delhi, especially those related to copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
For more information, visit us at www.TheCosmicPower.com or contact us