Terms of Service
IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, THEN YOU MAY NOT CONTINUE YOUR USE OF our apps.
BY ENTERING THIS AGREEMENT, YOU SPECIFICALLY AGREE (I) THAT ARBITRATION IS THE EXCLUSIVE DISPUTE RESOLUTION METHOD FOR ALL YOUR DISPUTES WITH Touchzing Media Pvt. Ltd; AND (II) TO WAIVE ANY AND ALL OF YOUR RIGHTS TO PURSUE OR PARTICIPATE IN A CLASS ACTION AGAINST Touchzing Media Pvt. Ltd, ITS AFFILIATES, AND RELATED PARTIES WITH REGARDS TO THE APP AND/OR THE SITE.
INTELLECTUAL PROPERTY RIGHTS
All content included in or made available through the Apps, such as songs, games, activities, stories, text, graphics, images, audio clips, music, videos and digital downloads and the trademarks, service marks, logos and button icons contained therein is the property of or licensed to Touchzing Media Private Limited and subject to copyright and other rights protected by India and international intellectual property laws.
LICENSE AND ACCESS
As a user of the Apps, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the APPS (and its associated Content). We may terminate this license at any time for any reason, whatsoever. You may use the Apps and/or Content for your own personal, non-commercial use. No part of the Apps and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Apps, Content or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Apps, or Content except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms of Service. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Apps and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As an App user, your license is provided solely for access to the Apps in order to obtain information about the Apps and/or the associated Content and to register for a subscription. Visitors of the Platform are not authorized to access any Products & Services or Content and/or data available to members.
Touchzing Media respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected]
BASIC (FREE) SERVICE
In some apps, a limited amount of content will be made available to the free users of the Apps and unlocking any additional content will require either in-app purchase or registering for subscription service. In some other apps, advertising may be displayed inside the apps.
SUBSCRIPTION SERVICE AND BILLING
Subscribed users will have complete access to all the contents in the app. Each app may have its own subscription service and respective subscription payment plan. By agreeing to subscribe to any of the Touchzing Media Apps, you agree to pay the periodic subscription fee displayed within the Apps as well as at the time of checkout. Subscribed users are also required to agree to the terms and conditions of the specific payment method chosen to subscribe through Apple App Store, Google Play Store or Amazon Appstore. All subscribed users will be automatically charged the subscription fees on a weekly, monthly, half yearly or yearly basis by Apple, Google or Amazon. Touchzing Media Private Limited may change this subscription fee schedule at any time, at its own discretion. If you do not agree to this price change, you may cancel your subscription from the respective store. Your continued Use of our Apps after the notice of change in fees constitutes your agreement to the new fees.
IN-APP PURCHASES AND BILLING
By agreeing to opt for an in-app purchase, you agree to pay the required amount and are also required to agree to the terms and conditions of the specific payment method chosen to subscribe through Apple App Store, Google Play Store or Amazon Appstore. Touchzing Media may change the price of any or all of the packs available for in-app purchase, at its own discretion. If you do not agree to this price change, you may not make the respective in-app purchase.
ENTERTAINMENT & GENERAL INFORMATION
All our astrology, tarot, zodiac apps and content on websites are based on general information about the topics and provide readings accordingly. They are not tailored to a particular person, but to the large number of people which share similar traits. The text has been written based on general assumptions of that topic from the Internet. Hence the readings must not be used as perfect personalized readings to take decisions in life but rather more of a guidance and entertainment tool.
Apple takes care of all the billing and we DO NOT store your credit card information. Any billing disputes or queries can be submitted to Apple App Store at https://reportaproblem.apple.com/ or email us for any doubts at [email protected]
Google Play takes care of all the billing and we DO NOT store your credit card information. In case of Google, they provide us with a portal to issue refunds as per need. So, in case of any refund or cancellation request, please email us at [email protected]
In your email to us, please provide your order id that you are disputing. We will evaluate the claim and issue a decision based on our discretion.
Amazon takes care of all the billing and we DO NOT store your credit card information. Any billing disputes or queries can be submitted to Amazon App Store.
When you use Touchzing Media Apps, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS
You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all phone, computer hardware, Internet access services and other equipment or services needed to access and Use Touchzing Media Apps. You must provide all equipment and software necessary to connect to the Apps, and are responsible to ensure that the foregoing do not disturb or interfere with the App's operations. If any upgrade in or to the Apps requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Touchzing Media Private Limited, any new or additional features of the Apps, including the release of new content, shall be subject to these Terms of Service. We are not responsible for any loss or harm caused to your equipment or hardware for any Use of our Apps, or alleged Use of our Apps.
YOUR USE OF OUR APPS, IS SOLELY AT YOUR OWN RISK. THE APP AND THE ASSOCIATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND BY Touchzing Media Pvt. Ltd. OR ITS AFFILIATES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EACH OF Touchzing Media Pvt. Ltd. AND ITS AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT OUR APPS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEITHER Touchzing Media Pvt. Ltd. NOR ITS AFFILIATES, WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR APPS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE.
Touchzing Media Pvt. Ltd. USES REASONABLE EFFORTS TO ENSURE THAT INFORMATION ABOUT ANY OF THE CONTENT ON OUR APPS ARE CORRECT. HOWEVER, Touchzing Media Pvt. Ltd. CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION AND WILL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS OR OTHER DEFICIENCIES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE DISCLAIMED, THE ABOVE DISCLAIMER MAY NOT APPLY IN FULL TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, Touchzing Media Pvt. Ltd. AND/OR ITS AFFILIATES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMER AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU, OR ANYONE ELSE USING OUR APPS WILL USE IT AT YOUR/HIS/HER OWN RISK OF PROPERTY AND PERSONAL INJURY, WHETHER SUCH INJURY IS FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, SEIZURES, VISION PROBLEMS, OR OTHER SYMPTOMS RELATED TO THE USE OF OUR APPS. YOU ACKNOWLEDGE THAT THE PERSON USING OUR APPS ARE FIT FOR SUCH USE AND ARE USING THE SAME AT YOUR OWN DISCRETION AND SENSE OF JUDGEMENT.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR APPS, IN ANY MANNER, FORESEEABLE OR OTHERWISE. ALSO, WE SHALL NOT BE LIABLE FOR YOUR OR ONE'S INABILITY TO ACCESS OUR APPS, NOR SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY AS TO ANY VIRUS OR MALICIOUS CODE ON YOUR OR THEIR DEVICES ALLEGEDLY RESULTING FROM THE USE OF OUR APPS; EVEN IF Touchzing Media PRIVATE LIMITED AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY OF Touchzing Media PRIVATE LIMITED, ITS AFFILIATES AND/OR THIRD PARTY SUPPLIERS TO YOU OR TO ANY THIRD PARTIES, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID TO Touchzing Media PRIVATE LIMITED (AND/OR ITS AFFILIATES) PURSUANT TO THIS AGREEMENT OVER THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, PORTIONS OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, Touchzing Media PRIVATE LIMITED AND/OR ITS AFFILIATES, SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
Touchzing Media Private Limited and you agree to arbitrate all disputes between us, except disputes relating to the enforcement of our intellectual property rights. Dispute means any dispute, action or other controversy between you and us concerning our Apps and the associated Content or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
In the event of a Dispute, You or Touchzing Media Private Limited must send to the other party a notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of Dispute to Touchzing Media Private Limited, Attention: Legal/Arbitration Notice. We will send any notice of Dispute to you at the contact information we have for you.
Severability: If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival: The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
Waiver: No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Touchzing Media Private Limited without restriction.
Force Majeure: Touchzing Media Private Limited's performance of its obligations under this Contract will be suspended for so long as Touchzing Media Private Limited is prevented from doing so by an Event of Force Majeure. "Event of Force Majeure" shall mean such events or circumstances, which are beyond the control of Touchzing Media Private Limited and which events could not have been reasonably foreseen or anticipated by Touchzing Media Private Limited upon the exercise of due care and diligence, including but not limited to Touchzing Media's operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting Touchzing Media Private Limited), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of Apps beyond Touchzing Media Private Limited's control.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Touchzing Media Private Limited reserves the right, at any time and from time to time, to amend, supplement or modify the terms of these Terms of Service. We will post or display notices of material changes on the website and those changes will become effective fifteen (15) days after the date of posting. You are responsible for regularly reviewing the Terms of Service, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Your continued use of the App after the changes become effective signifies your agreement to be bound by such modified Terms of Service. If you do not agree with the changes in the Terms of Service, your only recourse is stop using the App.
DATE OF LAST UPDATE: 30 May, 2018
Touchzing Media Pvt. Ltd.
Email: [email protected]