These terms and conditions of Use (hereinafter referred as End-User License Agreement as known as “EULA”) describe and govern the User’s use of the content and services offered by ENVEDA SYSTEMS PVT. LTD through www.enveda.in and our Android Application NAVAMI (hereinafter referred as “We” “NAVAMI” “us” “our” “ENVEDA” “Website” “Android Application”, “the platform”, “ software” “App”).
This End-User License Agreement (\EULA\) is a legal agreement between you and Enveda systems private ltd.
This EULA agreement governs your acquisition and use of our NAVAMI software (\Software\) directly from Enveda systems private ltd or indirectly through a Enveda systems private ltd authorized reseller or distributor (a \Reseller\).
Please read this EULA agreement carefully before completing the installation process and using the NAVAMI software. It provides a license to use the NAVAMI software and contains warranty information and liability disclaimers.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Enveda systems private ltd herewith regardless of whether other software is referred to or described herein. The terms also apply to any Enveda systems private ltd updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by EULA Template for NAVAMI.
NAVAMI is offering digital contents and services over the internet which is accessible across the globe, based on the regional laws and restrictions. These App software and its digital contents are provided for informational and entertainment use. Also, there are astrological opinions provided by astrologers as digital reports via various mediums like (but not limited to) voice, video, pdf, jpeg and emails (hereinafter referred as “Content”). The App is offering “Paid Services” and “Free Services” (Collectively referred as “Services” hereinafter). For accessing all types of Services user need to register with their mobile number and enter OTP issued by the App backend. By doing so, a Member agrees to:
To provide complete and accurate information about herself/himself as asked by App at various stages.
To update and maintain the above information as required and submitted by you with the view to maintain the accuracy of the information being complete and current.
Enveda systems private ltd hereby grants you a personal, non-transferable, non-exclusive licence to use the NAVAMI software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the NAVAMI software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the NAVAMI software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
Use the Software in any way to upload offensive content,pornographic or political messages.
use the Software for any purpose that Enveda systems private ltd considers is a breach of this EULA agreement
The User of the App must be a person who can form legally binding contracts under Indian Contract Act, 1872. A minor under the age of eighteen (18) in most jurisdictions, are not permitted to Use the services provided by the App. Parents can use the application to obtain services for their minor children. The App shall not be held responsible for any misuse that may occur by virtue of any person not meeting the eligibility criteria and still decide to use the App.
User need to register with the App using mobile number to avail any service on the App. An User registration on App can be commenced by entering mobile number (Your Phone Number) and OTP sent to the mobile number by the App backend. Users will require to provide personal identifiable info like (but not limited to) name, email and data of birth to avail some of the services,. You (User) agree to provide update, current and accurate information when asked by the App. All information that you fill and provide to the App and all updates thereto are referred to in these Terms of Usage as "User Data." Please do note that right to use this App via registration with mobile numbers is solely with you and not transferable to any other person or entity.
The User would be fully responsible for all the activities that occur under the User’s account. The App cannot and will not be liable for any loss or damage arising from the User’s failure to maintain secrecy and confidentiality. The User shall notify the App administrators immediately if they become aware of any unauthorized use of their Account(s) or breach of any security.
You(User) also agrees to use modest, decent and appropriate language with the partners while communicating and use of any derogatory, demeaning or offending language/remarks may attract disqualification and may be subjected to legal action based on the gravity of the situation.
The User also agrees, understands and confirms that his/ her personal data including without limitation to details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the App or the Payment Service Provider(s) have no control over such issues.
User also agree to use the App in a mobile device which is in proper condition, not broken, secure and safe to operate.
User also agree to not do act of hijack, jailbreak, hack, or tamper the App in anyways which constitute reverse engineering or intentionally try to crash the App etc., other than normal allowed usage.
The App does not permit the use of the Services by any User under the following conditions: -
If your local/regional jurisdiction/laws does not permit use of the services or service’s payment transactions rendered by the app.
Due to any religious practices.
If the User has created multiple accounts using various mobile numbers. The User shall not have more than one active account with the App at a time.
Enveda systems private ltd shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Enveda systems private ltd.
Enveda systems private ltd reserves the right to grant licences to use the Software to third parties.
The App is providing certain services which are accessed through the digital communication medium such as voice and video calls, and digital documents as reports.. By agreeing to the present Terms of Usage, you are also giving your unconditional consent to the App to arrange audio and/or video calls with you on the App based on the booking slots and its follow ups as deemed fit by us.
APP CONTENT
The App and any individual contents which may be available through external hyperlinks on the App are private property of the App.
All interaction on this App, inclusive of the guidance and advice received directly from the Licensed Provider must comply with these Terms of Usage.
Any information provided through the App should only be considered informational and recreational one and should not be considered as medical advice.
App may display promotional, curated or advertisement related contents from third parties which might or might not be of monetary benefit to the App.
The App does not take guarantee regarding the medical advice, if provided, by the third-party service provider inclusive of registered astrologers with the site. The User should always talk to a qualified medical professional for diagnosis and treatment including information regarding which medications or treatment may be appropriate for the User. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. NAVAMI does not endorse any specific tests, exercises, training, medications, products or procedures.
The App does not take guarantee of any untoward incident that may happen with the User after availing the Service. The App or the Service Provider providing the advice is not liable and does not guarantee any results as expected by the User and accessing the App in such scenario is purely at the risk of the User.
By using the App and its services, User hereby agrees that any legal remedy or liability that you seek to obtain for actions or omissions of other Members inclusive of the service provider registered with the App or other third parties linked with the App, shall be limited to claim against such particular party who may have caused any harm. You agree not to attempt to impose liability on or seek any legal remedy from the App with respect to such actions or omissions.
All disputes alleged or real will be under the jurisdiction of Bangalore, Karnataka, India and all the costs we (the App) incur due to such cases will be borne by the complainant.
UPDATION
Our website and Adnroid application keep getting updated for software releases, new contents, and update on terms of usage and other pertaining policy changes. It is the responsibility of the user to check on time to time and verify the Terms and conditions laid by the platform are in sync with your expectations and remain in compliance with the terms of use and in compliance with law of the land, from where you are using this.
USER CONSENT
By using our software and website, you (“Member”, “You”, “Your”) indicate that you understand the terms and conditions, and also express the consent to the Terms of Usage. If you do not agree with the Terms of Usage, please do not click on the “AGREE and PROCEED” button. It's recommended that The User should read the Terms of Usage carefully before using or registering on our platform or accessing any material, information or services through the Website. Your continued use of our software(no matter whether amendments are made to policies, software or term of use) shall signify your acceptance of the terms of usage and your agreement to be legally bound by the same.
DISPUTES AND GRIEVANCES
Enveda systems private ltd shall not be responsible for transactions for services provided by an astrologer on NAVAMI app. NAVAMI app charges only service charge for each transaction made. All grievances and disputes related to astrologer service charges need to be resolved with the said astrologer. Enveda systems private ltd is not liable for payment done for astrologer services.
TERMINATION
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Enveda systems private ltd.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
The App may, in whole or in part, without informing the User, modify, discontinue, change or alter the services ordered or the Account of the User registered with the Website. The Website may or may not issue notice or provide any reason for such action taken by the Website. If you have an outstanding booking paid by you already, those will be refunded to you as soon as possible.
CANCELLATION AND REFUND POLICY
If the service appointment booked does not happen due to Service provider not available or Service or App issues, the amount will be refunded to the User as soon as possible typically within 7 working days.
Service appointment booking timelines are approximate and all sincere efforts would be taken to meet the timelines. However, it is advised that users adhere to the timelines of the booking and be available for the appointment to happen, be it in person, or over a audio/video call.
The refunds, if any, shall be processed after deduction of the transaction charges levied by the Bank and/or the Payment Gateway, and/or any other charges that may have been incurred by the App during processing and/or delivering the service, as applicable.
In case the App or Payment gateway’s webpage, that is linked to the App, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
In case the Bank Account appears to be debited, ensure that you do not make the payment twice and immediately thereafter contact the App via customer care to confirm payment.
In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
If there are orders that the App is not able to accept and must be canceled, the App at its sole discretion, reserves the right to refuse or cancel any order for any reason whatsoever. Some situations may result in the order being cancelled and include, without limitation, non-availability of the service, inaccuracy, error in pricing information or other problems as identified. If the User’s order is cancelled after charges being paid against the said service, the said amount paid for booking shall be refunded.
Pricing Policy
PRICING POLICY
Our service is offered for sale by Enveda Systems P Ltd for your personal needs.
We at NAVAMI, have pricing customized according to the services provided. Most of the services are priced based on the duration, materials and skill set required for each of the services.. Typically all the prices are fixed ones and no discount shall be offered on these service pricing.
SCHEDULE OF PAYMENT
Most of the services have fixed pricing and need to be paid upfront at the time of booking. In a case where the user requires to cancel a booking initiated, the refunded amount (based on the refund policy) will be credited back to user accounts within 7 working days.
PRICING ERRORS
It is with utmost care we devise these pricing policies and values, and we strive hard hard to ensure the accuracy of pricing. There could be human errors, technical glitches or software bugs and due to this pricing errors can still occur, despite our sincere efforts. If there exist any pricing errors for the booked services, the booking shall be cancelled from our end and you shall be intimated about it.
We reserve the right to refuse to sell to any person whom we believe may be misusing the service.
USER OBLIGATION
The User represents that she/he is an individual and not a corporation or other legal business entity. The App is for personal use of the User. User shall adhere to the the terms and conditions which are inclusive, but not limited to:-
The User shall not share or transmit any messages that is incorrect, misrepresenting , harmful, defamatory, breaches another's privacy, p,violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability, infringes another's rights including any intellectual property rights or copyright or trademark, promotes racism, hatred or harm against any individual or group or religion or caste.
The User shall not collect screen names and email addresses of members who are registered on the App for purposes of advertisement, solicitation or spam.
The User shall not indulge in unsolicited communication with other users on the App, including the Partners.
The User shall not upload or distribute files that contain viruses, malware, adware, ransomware etc., or corrupted files, or any other similar software or programs that may damage the operation of the App or another’s devices.
The User shall not resell or make any commercial use of the Services without the written consent from the App.
The User is under an obligation to report any misuse or abuse or defects of the App. If you notice any abuse or defect or misuse of the App or anything which is in violation of this Agreement, you shall forthwith report such violation to App by writing to Customer Care.
USER’s DATA
The App shall have access to the user account and related info. User hereby consents for the unconditional access of the account by the App, its employees, agents and other appointed persons in such regard. Your communication with our software and/or correspondence may be recorded for training purpose and quality assurance.
PERSONAL IDENTIFIABLE INFORMATION
The information qualifies as personal in nature when the information collected identifies a specific end user, such as (but not limited to)
Full name, Address, Telephone Number, Email-address, Date of Birth, Time of Birth, Horoscope, Gender, Location, Photograph, any other items of ‘sensitive personal data or information” as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000, and any other detail required for operation such as,
financial information inclusive of bank account information, credit card or debit card details or other payment instrument details through a secure third party gateway, IP (Internet protocol) Address and any other information that a User may provide during booking a paid service on the App. App may log/store other statistics about the usage such as IP address and internet connection session data such as, cookies, time and date of the visit, viewing of page, length of time, registration or password information etc.
Some of the services provided by the App may direct the User to platform of third parties. Any Information provided by the User on such platforms may be dealt by them in the manner provided by the privacy policy formulated by such third-party platforms. The App in this regard fully disclaims any liability(ies) or claim(s) which may arise by use/misuse of such information shared by the User, to any third party or any party not known to the App. The App/website would not liable for the mis-use of such information shared by the User or by any third party.
We also collect details including but not limited to User feedback, comments, etc. that may be disclosed/informed/mentioned on any article/blog or groups/forums or other pages which the User may have access to while visiting the App. For such information which is in public domain and accessible to all the Users and visitors of the Website, the User is advised to exercise its discretion before disclosing it as this information is susceptible to misuse.
NON-PERSONAL IDENTIFIABLE INFORMATION
The information qualifies as non-personal in nature when the information collected does not identify a specific end user. Such information is collected when the user uses the App or visits the Website,etc. and would include but not limited to, URL, Internet service provider/IP Address/Telecom service provider, Type of Device used for accessing the App/Website, Geographical Location etc.
Such non-personal identifiable information is used by the App/Website for the purposes including but not limited to troubleshoot connection problems, administer the App/website, analyze trends, gather demographic information, frequency of visits, average length of usage, pages viewed, compliance with applicable law, and cooperate with law enforcement activities, etc.
The information is used for improving the App content and performance and the App may share this information with Third Party Service Providers and Third Party Advertisers to measure the overall effectiveness of the Apps online advertising, content, programming and for other bonafide purpose as required.
THE USER HEREBY REPRESENT AND CONFIRMS THAT THE INFORMATION PROVIDED TO THE APP IS AUTHENTIC, CORRECT, CURRENT AND UPDATED AND HAVING THE RIGHT/PERMISSION TO PROVIDE SUCH INFORMATION. THE APP AND ITS ENTITIES SHALL NOT BE RESPONSIBLE FOR THE AUTHENTICITY OF THE INFORMATION THAT THE USER MAY PROVIDE. THE USER SHALL BE PERSONALLY LIABLE AND INDEMNIFY THE APP FOR THE BREACH OF ANY PROVISION.
CHILDREN PRIVACY POLICY
The App requires that the User using the services are above 18 years of age, however guardians/parents can provide info about a child user in order to obtain a service related to such a minor user. It is assumed that you as an information provider has full authority as a guardian or parent or having taken written permissions from their guardian/parent, to provide information about such a minor user.
OUR DISCLAIMER
The information and data contained on App and on www.enveda.in website is to be treated purely for your entertainment purposes only. Any astrology related prediction or other message that you receive is not a substitute for advice, programs, or treatment that you would normally receive from a licensed professional such as a lawyer, doctor, psychiatrist, or financial advisor. Accordingly, we provide no guarantees, implied warranties, or assurances of any kind, and will not be responsible for any interpretation made or used by the recipient of the information and data mentioned above.
Moreover, NAVAMI is not a registered firm. It is a product of Enveda Systems Pvt Ltd. All the transaction and gathered data is/will be accessed by Enveda Systems.
INDEMNIFICATION
The User shall indemnify, defend and hold harmless the Website/App 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, attorney’s 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 insure to the benefit of Website’s successors, assigns, and licensees.
GOVERNING LAW
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of ICA(INDIAN CONRTACT ACT ,1982).
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 registered post.
“Enveda Systems Pvt Ltd, #302, 1st Floor, 3rd Cross, HRBR Layout , 1st block, Kalyan Nagar, Bangalore, Karnataka, India, PinCode: 560043 ”
