TERMS AND CONDITIONS
The following sets forth the terms and conditions under which BKS Marketing and Innovations Pvt. Ltd. (Also referred as "Tell My Stars”, TMS " or "TMS - Tell My Stars" or "we" or "our") offers our services.
When using TMS - Tell My Stars services, Customers (also referred as "Member" or "You" or "Your") agree to the following Terms and Conditions described herein (“Terms of Service").
Please read these Terms of Service carefully before using the services provided by TMS - Tell My Stars `via our website ( which is currently located at www.TMS - Tell My Stars – referred as "website"). By clicking the "I AGREE" button, you signify that you agree with these Terms of Service.
These Terms of Service may be amended by TMS - Tell My Stars at any time in our discretion by posting the amended Terms on our website. If you become a member prior to the posting of amended terms on our website, the amended terms shall automatically be effective just after they are initially posted on our site. You agree that your continued use of this website after such amendment shall signify your acceptance of such change. This agreement may not be otherwise amended except in writing signed by both you and TMS - Tell My Stars
1. DESCRIPTION OF TMS - Tell My Stars:
TMS - Tell My Stars provides medical content, reports, data, telephone, video and email consultations ("Content") via the World Wide Web, electronic mail and other online portals. Although portions of the Content may be viewed simply by visiting the TMS - Tell My Stars website (the "Free Services" and "Paid Service"), in order to access the personalized medical zone and/or receive additional Content and services from TMS - Tell My Stars (the "Paid Services"), You may need to register as a member of TMS - Tell My Stars to receive or provide certain Paid Services. The Free Services and the Paid Services are referred to collectively in these Terms of Conditions as the "Services." In consideration for the Paid Services, Member agrees to: provide certain current, complete, and accurate information about Member as prompted to do so by TMS - Tell My Stars maintain and update this information as required to keep it current, complete and accurate. All information that We request and You provide on original sign-up, and all updates thereto, are referred to in these Terms of Conditions as "Registration Data." Many of the Services and Content are provided by third party suppliers and not by TMS - Tell My Stars Please note, TMS - Tell My Stars is not a registered firm. It is a product of BKS Marketing and Innovations Pvt. Ltd. All the transaction and gathered data is/will be accessed by BKS Marketing and Innovations Pvt. Ltd.
2. MEMBER ELIGIBILITY:
The Services are available only to individuals who can form legally binding contracts under 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 TMS - Tell My Stars members. In addition, TMS - Tell My Stars does not permit the use of the Services by residents (a) of any jurisdiction that may prohibit our Services or (b) of any country that is prohibited by law, regulation, treaty or administrative act from permit entering into trade relations or/and (c) of any religious practices. If you do not qualify, please do not use the Services.
3. “Call with Astrologer” FEATURE:
By agreeing to the terms and conditions, you are also giving us consent to BKS Marketing and Innovations Pvt. Ltd. to call you on your mobile number, even though it is on DND.
4. MEMBER REGISTRATION DATA:
You are entirely responsible if you do not maintain the confidentiality of Your TMS - Tell My Stars identification. You are responsible for all uses of Your account, whether or not actually or expressly authorized by you. You may change your profile by following instructions on the app. You agree that Your account, phone number, and other details may not be transferred or sold to another party. You agree to immediately notify TMS - Tell My Stars 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 TMS - Tell My Stars is able to provide high-quality services, respond to customer needs, and comply with laws, You hereby consent to TMS - Tell My Stars 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:
8. REFUND & CANCELLATION POLICY:
1. Refunds cannot be issued on the order of any reports under any circumstances, once it reaches the "processing" (Allocated to Astrologer) stage. Customers are requested to order carefully and with full consideration. 2. If you wish to cancel an order, please e-mail the customer care team at the contact@TMS - Tell My Stars within 1 hour from making the payment. 3. The timelines displayed on the site are approximate. We try to adhere to them to a very large extent. However, as these reports are individual and manually generated by our Astrologers, some delays are possible. We will try on a best case to deliver as soon as possible. Delays will not be considered as bases for refunds. 4. We do not consider refunds for incorrect data provided by the customer. We request you to please re-check all your data when entered. TMS - Tell My Stars will not consider refund requests resulting from the incorrect data provided by you. However, if you email us at contact@TMS - Tell My Stars within an hour of ordering the report, we will consider the changes to be made. 5. Any delay in the activation of subscription services will be dealt with immediately and compensated on pro-rata biases. 6. No refunds will be issued on the return of damaged products. By ordering products on TMS - Tell My Stars, the customer takes full responsibility for any damage caused to the product, post its delivery. In case such an order was made via the 'cash on delivery' mode of payment, the customer will be charged the cost of the product, as displayed on TMS - Tell My Stars and the shipping/ customs/ courier charges or all three as applicable, if the product is returned. 7. The products and services offered by TMS - Tell My Stars are not meant to replace any philosophical, emotional or medical treatment. It is offered here as a service. TMS - Tell My Stars holds no responsibility or liability about the reality or reliability of the medical effects on the human physiology, by the gems represented and sold on the website. On order, the customer assumes full responsibility upon this matter. Thus, no refunds will be issued on this ground. 8. Any damage caused to the product while in transit, will be dealt with by TMS - Tell My Stars and its agencies. 9. While TMS - Tell My Stars tries to make sure that the products displayed on the website are delivered to the customer in an as-is condition, the picture may differ slightly from the original product. The customers are advised to exercise discretion in this matter. No refunds will be issued on this bias. 10. Phone Advise: Please ensure and/or that your contact number is in full coverage area and that you answer the phone when it rings. Any call once connected, will not be refunded. 11. All refunds will be made after deducting the transaction charges levied by the bank and/or the payment gateway, the cost of shipping or courier charges (back and forth), customs duty and / or any other charges that may have been borne by TMS - Tell My Stars in processing and/or delivering the service, as applicable. 12. Multiple payments against the same order will be refunded in full (without deducting transaction charges on the duplicate payments), after retaining the cost of a singular order.
9. 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 TMS - Tell My Stars. You are solely responsible for the contents 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 and International laws regarding the transmission of technical data exported from India through the Service; - not to use the Website or the Services for illegal purposes; - not to interfere or disrupt networks connected to TMS - Tell My Stars; to comply with all applicable regulations, policies and procedures of networks connected to the TMS - Tell My Stars Website; and - to comply with all applicable regulations, policies and procedures of networks connected to the TMS - Tell My Stars website; and - to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. By becoming a Member of the Site / TMS - Tell My Stars Service, you agree to receive certain specific emails and SMS along with calls from TMS - Tell My Stars. You agree not to transmit through TMS - Tell My Stars any unlawful, harassing, libelous, 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 offense, 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 are prohibited. You shall not interfere with any other TMS - Tell My Stars members' use or enjoyment of the Website or Services. You are under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or anything which is in violation of this Agreement, you shall forthwith report such violation to TMS - Tell My Stars by writing to Customer Care. On receipt of such complaint, TMS - Tell My Stars may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of the subscription fee. Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee. TMS - Tell My Stars reserves the right to withdraw its services to any customer who is found to be unreasonable or abusive during their conversation with an Astrologer regardless of the reason. While Astro TMS - Tell My Stars talk will make every effort to resolve any such situation, in case this fails, such customers will be sent a written warning. If it is repeated, the said customer will not be permitted to transact on the platform. Any balance in the customer's wallet will be refunded, to the extent that a refund is possible.
10. NO WARRANTY. YOU UNDERSTAND AND AGREE THAT:
1. The services are provided "As-Is" and with all faults. TMS - Tell My Stars assumes no responsibility for availability (or lack thereof), timeliness (or lack thereof), deletions, mis-deliveries, or failures to store any member communications or personalization settings;
2. In particular, but not by way of limitation, TMS - Tell My Stars may delete e-mail or other accounts or the information therein if the account is inactive for more than ninety (90) days;
3. Use of the services is at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data;
4. The services are provided for information purposes only and TMS - Tell My Stars, on behalf of itself and its suppliers, disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, 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 TMS - Tell My Stars website or any transactions entered into through TMS - Tell My Stars site, and makes no warranty that the services will meet your requirements, be uninterrupted, timely, secure or error-free. No advice or information, whether oral or written, obtained by you from TMS - Tell My Stars or through the service shall create any warranty.
5.The services may consist of the following, without limitation: Medical content, Reports, Tarot readings, fortunes, numerology, predictions, live telephone consultations, Instant messaging. email consultations or products sold through TMS - Tell My Stars store. TMS - Tell My Stars charges for the chat/call service offered on this platform on per minute basis and holds no responsibility or liability about the reality or reliability of the medical effects on the human physiology, by the gems, any other products or services represented and sold on the website. No advice or information, whether oral or written, obtained by you from TMS - Tell My Stars or through the service shall create any warranty.
6. The advisors/consultants/Astrologers are also members of the site and not employees of the company. However, TMS - Tell My Stars verifies the degrees, qualifications, credentials, and background of the advisors/consultants/Astrologers but we do not refer, endorse, recommend, verify, evaluate or guarantee any advice, information or other services provided by the advisors/consultants/Astrologers or by the company, nor does it warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content, anything said or written by, or any advice provided by the advisors/consultants/Astrologers.
11. DISCLAIMERS/ LIMITATIONS OF LIABILITY:
Please note that this contract strictly limits our liability and TMS - Tell My Stars does not provide warranties for the service. The contract also limits your remedies. Medical counseling offered through TMS - Tell My Stars is based on cumulative or individual knowledge, experience and interpretations of Astrologers and as such, it may vary from one Astrologer to another. Astrologers on the panel of TMS - Tell My Stars may from time to time make recommendations of using mantras, jantras, gemstones or other medical remedies to be used by you. Such recommendations are being made in good faith by the Astrologers and TMS - Tell My Stars and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that :
- the service will meet your requirements
- the service will be uninterrupted, timely, secure or error-free
- the results that may be obtained from the use of the service will be accurate or reliable
- the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations and
(i)the use or the inability to use the service
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service
(iii) unauthorized access to or alteration of your transmissions or data
(iv) statements or conduct of any third party on the service or
(v) any other matter relating to the service. Notwithstanding anything to the contrary contained herein, TMS - Tell My Stars liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TMS - Tell My Stars, for the service during the term of membership.
13. PROPRIETARY RIGHTS TO CONTENT:
You acknowledge that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or distributed via email, commercially produced information presented to Member by TMS - Tell My Stars, 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 TMS - Tell My Stars, its suppliers, or advertisers. Moreover, the content such as images, text, designs, etc on all of the portals of TMS - Tell My Stars are taken from various online portals such as Google Images. TMS - Tell My Stars or BKS Marketing and Innovations Pvt. Ltd. is not liable for any copyrights of that content or data.
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 snail mail. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit in the snail mail, to Member at the address provided by Member in the Registration Data and to TMS - Tell My Stars at the address set forth below: Prabhat Nagar Market, Rajendra Nager, Bareilly, Uttar Pradesh, India 243001
15. 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 judgment 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 Agra 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 Bareilly, Uttar Pradesh for any such proceeding. If either party files an action contrary to this provision, the other party may recover attorneys' fees and costs up to Fifty thousand Indian Rupees.
16. GENERAL PROVISIONS:
17. IN CONCLUSION:
a) We would be pleased if this Server had served to the maximum satisfaction of users. b) We will gladly receive all the warnings, ideas and tips on improvements that can be sent through the service CONTACT at the bottom of the page.
Any claim in relation to this agreement or in connection therewith shall be filed with the opposite party within 24 months from the date when the claim first could be filed. If there is any dispute about or involving the Site and/or the Service, by using the services you further agree that the disputed matter will be governed by the laws of India. You agree to the exclusive jurisdiction of the courts of Bareilly, Uttar Pradesh, India.