This Agreement is made between
(1) Findyourfate.com and
(2) The Subscriber/member or individual identified in the subscription/membership Form to which these terms this subscription/membership and licence agreement terms are referred ("Subscriber" / "member") and governs the Subscribers /Members Authorised User's use of the findyourfate.com web site.
In this Agreement all expressions shall have the meaning set out in the findyourfate.com User terms and conditions or as set out in the following meanings:-
2.1 "Authorised User" means the person who has access to the FINDYOURFATE.COM web Site under a separate ID issued by findyourfate.com, on the Subscribers/Members written instructions, by virtue of this Agreement;
2.2 "Commencement Date" means the date upon which findyourfate.com accepts the Subscribers/Members application to subscribe to the findyourfate.com web Site and from which the Subscriber/Member shall have access to the findyourfate.com web Site;
2.3 "Content" means any and all such data which from time to time comprises the findyourfate.com web Site including, without limitation, illustrations, photographs and text or any part thereof;
2.4 "ID" means the Subscribers' /Members' login name and password;
2.5 "Licence" means the licence granted to the Subscriber/Member pursuant to clause 3.1 below;
2.6 "Premises" means the main address from which the Subscribers/Members will access the findyourfate.com web Site and such other addresses where the User may access the Site remotely, as notified to Us in the subscription/Membership Form;
2.7"Subcription/Membership Form" means the form set out on the front of this document or printed from the Site containing the Subscriber/Member details, submission of which form duly completed to FINDYOURFATE.COM constitutes an application to subscribe to the FINDYOURFATE.Com web site under the terms set out in this Agreement;
2.8"Software" means the software or any part of it (including any upgrades or modifications thereto from time to time) to which findyourfate.com or findyourfate.com Suppliers give the Subscriber/Member access or is made available for the Subscriber/Member to download to enable the Subscriber/Member to use the findyourfate.com web site;
2.9 "Subscription/Membership Fee" means the annual non-refundable subscription/Membership fee or life member non-refundable fee or one time service non-refundable fee for access to the findyourfate.com web Site by the Authorised User(s), the initial fee shall be as specified in the Supcription/Membership Form and may be varied from year to year by at least 30 days' notice to the Subscriber/Member prior to each anniversary of this Agreement;
2.10 "Supplier" means all such Persons who supply the findyourfate.com web Site including but not limited to those who publish and provide information, supply hardware, software or other services to the findyourfate.com web Site;
2.11 "findyourfate.com webSite" means the on-line prediction and other allied services currently available at www.findyourfate.com as made available to the Subscriber/Member pursuant to this Agreement and which, as between findyourfate.com and the Subscriber/Member, is proprietary to findyourfate.com.
2.12 findyourfate.com "User T&Cs" the user terms and conditions attached as Schedule 1
3.1 In consideration of the Subscriber/Member paying the SubscriptionMembership Fee and all other charges associated with the Subscriber/Member and/or any of the Subscriber/Member use of the FINDYOURFATE.COM web site FINDYOURFATE.COM hereby grants to the Subscribers/Members, a non-exclusive non-transferable limited licence to access and utilise the FINDYOURFATE.COM web site in accordance with the FINDYOURFATE.COM User T&Cs.
3.2 FINDYOURFATE.COM shall assign to the Subscriber/Member or allow the Subscriber/Member to select, at our discretion, an ID for the Subscribers/Members to access the FINDYOURFATE.Com web site at the Premises.
3.3 The Subscriber/Member warrants that the information the Subscriber/Member has given in the Subscription/ Membership Form, including as to Authorised User details, is accurate and complete and the Subscriber/Member undertakes to notify FINDYOURFATE.COM immediately, and in any event within 7 days, of any changes to that information.
3.4 The Subscriber/Member hereby warrants and undertakes that all Content accessed by the Subscriber/Member through the use of the FINDYOURFATE.COM web site will be used in accordance with the FINDYOURFATE.COM User terms and conditions attached.
3.5 The Subscriber/Member shall notify FINDYOURFATE.COM immediately in writing of any misuse of the Content and/or the FINDYOURFATE.Com web site including any infringement of copyright or other intellectual property rights arising in the Content or the FINDYOURFATE.Com web site.
3.6 The Subscriber/Member undertakes to procure the compliance by the Subscribers/Members with the FINDYOURFATE.COM User terms and conditions and such variations as may from time to time be made thereto and to set up appropriate management processes to monitor that compliance. The Subscriber/Member further agrees to indemnify FINDYOURFATE.COM against any breach of those terms.
Disclaimer and Limitation of Liability
4.1 The Subscriber/Member expressly acknowledges and agrees that the FINDYOURFATE.Com web site is provided subject to the disclaimers and limitations of liability set out in the FINDYOURFATE.COM User terms and conditions and agrees to be bound by them as if it were itself an Authorised User.
4.2 FINDYOURFATE.COM rely on the World Wide Web for delivery of the FINDYOURFATE.COM web site to the Subscribers/Members Authorised User(s) and without limiting the foregoing whilst FINDYOURFATE.COM will use FINDYOURFATE.COM reasonable efforts to minimise delays and interruptions in the delivery and/or updating of the FINDYOURFATE.COM web site FINDYOURFATE.COM will not be liable to the Subscriber/Member in any manner whatsoever for any consequences of such delay or interruption.
4.3 Nothing in this Agreement shall operate to exclude liability for death or personal injury caused by FINDYOURFATE.COM or FINDYOURFATE.COM agents' or employees' negligence.
4.4 The FINDYOURFATE.Com web site may from time to time contain advertising and sponsorship. FINDYOURFATE.COM are not responsible for the compliance or otherwise of the material provided by such advertisers and sponsors and their compliance or otherwise with voluntary or statutory codes or provisions and can provide no warranty that it will not take advertisement or sponsorship from competitors of the Subscriber/Member.
4.5 www.findyourfate.com will not be liable for loses of any nature and / or claims for mental agony which may arise from direct or indirect use of any of the contents of www.findyourfate.com
5.Charges and Payment
5.1 The Subscriber/Member shall pay to FINDYOURFATE.COM the following sums:
5.1.1 the Subscription/Membership Fee annually, life member fee or one time fee in advance;
5.1.2 Any other charges arising out of the Subscribers/Members' use of the FINDYOURFATE.Com web site from time to time for which the Subscriber /Member is liable.
5.1.3 FINDYOURFATE.COM will invoice the Subscriber/Member annually, or once for the life member in advance in respect of the Subscription/Membership Fee, at the address submitted on the Subscription/Membership Form or such other address as is notified to FINDYOURFATE.COM in writing by the Subscriber/Member. All invoices are due and payable upon receipt. FINDYOURFATE.COM reserve the right to suspend the Subscribers/Members use of the FINDYOURFATE.COM web site for non payment, without prior notice. The Subscriber/Member shall be liable for all costs of collection incurred by FINDYOURFATE.COM including, without limitation, legal fees in collecting overdue Sums.
5.2 The Subscription/Membeship Fee and all other charges payable under this Agreement are exclusive of Value Added Tax, other applicable sales taxes which shall be paid by the Subscriber/Member at the rate and in the manner for the time being prescribed by law.
5.3 All taxes and other government charges or fees are the Subscribers/Members responsibility and may be added and billed to the Subscribers/Members account.
6.1 This Agreement shall take effect upon the Commencement Date and shall continue for one year (for annal subscriptions) and thereafter for additional periods (for life subscriptions) unless or until sooner terminated as provided below.
6.2 Either party may terminate this Agreement effective on any anniversary thereof by providing written notice of cancellation no later than thirty (30) days prior to the end of the current term.
6.3 Notwithstanding this clause FINDYOURFATE.COM may terminate this Agreement effective immediately if an event of Force Majeure (as defined in clause below) continues for a period of more than 1 month or any Authorised User is in breach of the FINDYOURFATE.COM User T&Cs.
6.4 Upon termination, the Subscriber/Member shall remain responsible for all monies due and owing to FINDYOURFATE.COM under this Agreement.
6.5 Any termination of this Agreement, for whatever reason, shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
All notices served pursuant to this Agreement shall be sent by electronic mail to the appropriate party at the parties addresses contained in the Subscription/Membership Form or as otherwise agreed in writing between the parties. Such notice shall be deemed effective three hours from transmission. In addition, FINDYOURFATE.COM may also serve notice upon the Subscriber/Member via the FINDYOURFATE.COM web site, and such notice shall be deemed to take place on the date it first appears on the FINDYOURFATE.COM web site.
FINDYOURFATE.COM shall not be liable to the Subscriber/Member or the Subscribers/Members Authorised User(s) for any breach of FINDYOURFATE.COM obligations under this Agreement as a result of any event or matter beyond FINDYOURFATE.COM reasonable control including, without limitation strikes, lock-outs, Government laws & regulations, trade disputes, defaults of Suppliers or licensors, failure of any telecommunication system, failure of the World Wide Web, any computer system or any internet service provider, failure by any Supplier to supply an service (including Content and Software) and any act of God or any government or regulatory authority ("Force Majeure").
If any term or provision in this Agreement shall in whole or in part be held to be invalid, illegal or unenforceable the enforceability of the remainder of this Agreement shall not be affected.
The Subscriber agrees to indemnify and hold FINDYOURFATE.COM, its employees, agents, officers, directors and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees) which FINDYOURFATE.COM may suffer or incur, in connection with or arising from any of the Subscribers/Members breach of this Agreement and use of the FINDYOURFATE.COM web site.Findyourfate.com accepts no responsibility for the content , accuracy, results and conformity of such results . Where any action is brought against FINDYOURFATE.COM in respect of such breach or use FINDYOURFATE.COM may participate in the defence of any claim or action, and any negotiations for settlement, and reserves the right, at its own expense, to formally assume the exclusive defence and control of any claim or action whereupon the Subscriber/Member obligations under this clause shall cease.
Entire Agreement and Waiver
This Agreement as modified byFINDYOURFATE.COM User terms and conditions forms the entire understanding between us. No Subscriber /Member purchase terms or other purported variation shall have any effect on these terms agreed between the parties. No delay or indulgence by FINDYOURFATE.COM in enforcing the provisions of this Agreement shall affect FINDYOURFATE.COMs rights nor shall any waiver of FINDYOURFATE.COMs rights operate as a waiver of any subsequent breach. No right, power or remedy conferred upon or reserved for FINDYOURFATE.COM is exclusive of any other right, power or remedy available to FINDYOURFATE.COM and each such right, power or remedy shall be cumulative.
FINDYOURFATE.COM reserve the right to vary the FINDYOURFATE.COM User terms and conditions as set out therein.
Governing Law and General Provisions
The validity construction and performance of this Agreement shall be governed as set out in the FINDYOURFATE.COM User T&Cs.
Use of Email for official communication
Subscriber / Member hereby directs findyourfate.com to send all reports and communications to member / subscriber via e-mail by using registered email ID. Subscriber / Member understand that internet is not encrypted and is not a secure means of transmission. Subscriber / member acknowledge and accept that such an unsecured transmission method involves the risks of possible unauthorized alteration of data and/or unauthorized usage thereof for whatever purposes.
Subscriber / Member agree to exempt findyourfate.com and its members from any and all responsibility of such misuse and receipt of information, and hold findyourfate.com or its members harmless for any costs or losses the subscriber / member may incur due to errors, delays or problems in transmission or otherwise caused by using the internet as a means of transmission.
Please read this carefully. By accessing the web site at https://www.findyourfate.com/ (the "web Site") you are agreeing to the terms that appear below. This is a legally binding agreement. If you have any questions, please contact [email protected].
These Terms were last updated on May 9, 2006.
This Site is owned and operated by findyourfate.com("FINDYOURFATE.COM") Contact details appear at 'Contact Us' web page.
As a user (whether trialist or subscriber/Member), you will be able to access material on most areas of the Site having gone through the registration process. Certain areas of the Site may only be open to you if you are a full subscriber/Member or will only be available for a limited period of time.
Any time limit applying to your access and use of the Site on these Terms will be set out in the terms of any trial offer subscription/Membership agreement. However, FINDYOURFATE.COM reserves the right to suspend or terminate your access and use of the Site at any time. It may exercise this right with or without notice. If applicable, notice will be given to your e-mail address as notified to FINDYOURFATE.COM. In that event, notice will be deemed to be served three hours after transmission. You are responsible for all charges from your own internet and telecommunications service providers.
Use of findyourfate.com Content
All material on the Site and messages by email (the "Content") belongs to FINDYOURFATE.COM or its licensors. You may retrieve and display Content from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content save as source material having given full credit to FINDYOURFATE.COM as the source including the trademark and copyright notice. Please be careful not to copy the designs, trade marks or intellectual property of others reported within the Site as this may result in your being sued or prosecuted by the owner of that content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from FINDYOURFATE.COM:
- Redistribute any of the Content (including by using it as part of any library, archive or similar service)
- Remove the copyright or trade mark notice from any copies of Content made under these Terms
- Create a database in electronic or structured manual form by systematically downloading and storing
all or any of the Content.
Requests to republish or redistribute Content should be addressed to FINDYOURFATE.COM at [email protected] You acknowledge that "FINDYOURFATE.COM", "findyourfate.com"are trade marks and that you may not use them without written permission from FINDYOURFATE.COM.
On registration, you must provide FINDYOURFATE.COM with accurate, complete registration information and it is your responsibility to inform FINDYOURFATE.COM of any changes to that information (including in particular your email address) by emailing :[email protected].
Each registration is for a single user/member only. On registration, you will choose a user name and password. FINDYOURFATE.COM does not permit any of the following:
-Any other person sharing your user name and password
- Access through a single name and password being made available to multiple users on a network.
You are responsible for all use of the Site made by you or anyone else using your user name and password (collectively, "ID") and for preventing unauthorized use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify FINDYOURFATE.COM immediately by emailing to :[email protected]. Any misuse of this Site or breaches of this agreement may also lead to you being disciplined or penalized by any organization with whom you are associated who subscribes to this Site on your behalf and FINDYOURFATE.COM reserves the right to inform them of such misuse or breach.
Bulletin Boards & Discussion Groups
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to FINDYOURFATE.COM and interaction between users ("Forums"). While FINDYOURFATE.COM does not control the information posted to Forums (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and you waive any moral rights that you may have in regard to the Messages.
You are solely responsible for the content of your Messages. You must comply with any rules posted by FINDYOURFATE.COM on a Forum. You may not:
- post or otherwise publish any Messages containing any form of advertising for goods and services;
- post or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent;
.infringe the rights of third parties or which contain any other form of illegal content; - post or otherwise publish any Messages that contain a virus or other harmful component;
restrict or inhibit any other user from using the Forums
By submitting messages to any Forum you personally agree to indemnify and hold harmless FINDYOURFATE.COM from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you. By submitting Messages to any Forums you are granting FINDYOURFATE.COM a perpetual royalty free non-exclusive licence to reproduce, make available, distribute and sub-license the Message in whole or in part and in print or electronic form.
Updates by E-Mail
FINDYOURFATE.COM may provide news email service or other prompts to new Content. Your use of the Content received through the email news service will be subject to these Terms.
Additional Services ContentWe may offer you the opportunity to partake in complimentary services that do not form part of the news, information and source material on the site, such additional material ("Additional Services Content") would be available to you on a paid-for basis. Additional Services Content will be clearly identified as will any additional terms applicable.
Software and Java Security
Copyright in any software that is made available for download from the Site ("Software") belongs to FINDYOURFATE.COM or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. Do not install or use any Software unless you agree to such licence agreement. ("plug-ins")
Limitation of Liability and Disclaimer
The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by FINDYOURFATE.COM and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other business or personal decisions. Appropriate local independent advice should be obtained before making any such decision. Any arrangements made between you and any third party named on this Site whether in the trade directory or otherwise are at your sole risk and responsibility.
BECAUSE OF THE NUMBER OF SOURCES FROM WHICH FINDYOURFATE.COM OBTAINS CONTENT AND THE NATURE OF ELECTRONIC DISTRIBUTION VIA THE WORLD WIDE WEB, FINDYOURFATE.COM DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITE. IN PARTICULAR, THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND FINDYOURFATE.COM DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR ANY CONTENT. ALL IMPLIED WARRANTIES ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. ADDITIONALLY, FINDYOURFATE.COM MAKES NO WARRANTY THAT THE SITE IS YEAR 2000 COMPLIANT OR FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
FINDYOURFATE.COM WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS) ARISING IN CONTRACT, TO OR OTHERWISE FROM YOUR USE OR INABILITY TO USE THE SITE OR ANY CONTENT OR FROM ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING THE SITE OR ANY CONTENT.
The Site contains links to other World Wide Web sites, either directly or through frames and, where possible, we will make clear where such links are being made. Those sites are provided by independent third parties and FINDYOURFATE.COM is not responsible for their availability or content. Notwithstanding these provisions, FINDYOURFATE.COM's liability will not be limited in the case of death or personal injury directly caused by FINDYOURFATE.COM's negligence.
User data or Personal data of any kind of data that could identify an individual:
• Email address, name & address contact, phone number, images, Device ID Your personal details submitted in the service request forms, will never be shared with any one outside our astrologers team at all times.
• The user data / personal data submitted by you is handled and received by us through gmail servers which is encrypted and protected.
• The information about your membership / service request is stored in our secured database / server and is secured with the latest technologies.
Changes to these Terms
FINDYOURFATE.COM reserves the right, at its discretion, to make changes to any part of the Site. Due to its policy of updating and improving the site, FINDYOURFATE.COM may wish to change these Terms (including those relating to your use of the Content). When terms are changed, FINDYOURFATE.COM will notify you by email or by publishing details of those changes by including them at the end of these Terms. If you use the Site after FINDYOURFATE.COM has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published at the end of these Terms or after you receive notice of them.
Personal Information provided by users for services
The personal information received from the users for the various services of www.findyourfate.com will not be shared with anyone or third parties and would be used only for the services the users have ordered for. We assure that all personal information of users would be kept confidential.
Advertising and Sponsorship
Competitions and Prize Draws
From time to time FINDYOURFATE.COM may run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time of such competitions.
Choice of Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Indian law. The parties irrevocably agree that the courts of India shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Indian courts.
For the exclusive benefit of FINDYOURFATE.COM, FINDYOURFATE.COM shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
Headings in these Terms are for convenience only and will have no legal meaning or effect.
Findyourfate.com is an organization operating from : INDIA.
IF YOU DO NOT ACCEPT THESE TERMS DO NOT USE THE SITE.
- for the effective administration of the Site and to communicate with you, the more accurately we know you the more we can tailor the Site to meet your expectations;
- the disclosure of your information to companies associated with FINDYOURFATE.COM throughout the world to help provide a better service; to potentially supply our auditors, advertisers and sponsors with aggregate Site usage and demographic data; Should you wish to change your original registration details at any time please use this link modify profile to change your personal details.