These Terms and Conditions are drawn between the Astrologer who agrees to become an Astrologer Advisor on the Dhwani Astro platform (“Astrologer”). As an Astrologer, you are directly hiring Dhwani Astro LLP to show your consent you are agreeing to the Terms of Service after clicking on the “I AGREE” button that displays the Astrologer has read and agrees to be bound by the Terms of Service once your selection is over as an Astrologer Advisory of Dhwani Astro.
Dhwani Astro LLP (“us” “We”, or “Dhwani Astro” which also includes its affiliates) is the author and publisher of the internet resource dhwaniastro.com and is open for anyone but we have specifically used an application named “Dhwani Astro”. Dhwani Astro where together referred to as “Website,” owns and operates the Services provided through the Website.
1. NATURE AND APPLICABILITY OF THE TERMS
- Terms shall mean the present Service Terms and Conditions and the PRIVACY POLICY that will collectively together form the legal Terms between Astrologer and Dhwani Astro.
- Definition of Astrologer: - You are considered to be an “Astrologer” if you have stated that you possess a recognized Degree/Diploma/Certificate in the category you are registered as an astrologer and register to be an Astrologer to provide your consultation to the visitors of the Dhwani Astro’s Platform. The provided Astrologer Registration Form is to be reviewed by Dhwani Astro; once your profile is accepted it will be activated by Dhwani Astro. Refusal of a profile could be as a result of failure to fill the forms, a certain category or subcategory being unavailable for registration at that time, or for any other reason not specified here and anyway a rejection should in no way be deemed a rejection of the Astrologer and his or her credentials. The accuracy of the degree/diploma or certificate produced by the Astrologer is the sole responsibility of the Astrologer, your registration may be terminated by Dhwani Astro with the help of any wrong or misleading information.
- Dhwani Astro holds the right and authority to amend or modify extend add or even eliminate the present Terms of Service as may be required from time to time such notification shall be in the form of an Email/or/Website Notification/Application/Other Messaging Services. By continuing to use the Website after such change has been posted you will be deemed to have agreed to such change.
- The present terms jointly with all the changes of the present service terms and conditions, previously notified to the Astrologer in any other form or method, shall be effective for both parties.
- After signing up with Dhwani Astro, the below terms shall follow:
- Astrologers must upload a recent profile picture to show their identity. Once uploaded, this picture can't change without asking Dhwani Astro. Astrologers can't use this same picture on other platforms or websites while these Terms apply. Breaking this rule will lead to profile deactivation without warning and a Rs. 11000 fines from Dhwani Astro's Compliance team. By making a profile on Dhwani Astro, astrologers give Dhwani Astro an exclusive, free forever worldwide license to (a) Use, copy, change, adapt, publish, translate, make new works from, share, perform, show, and display any parts of your profile. This includes but isn't limited to, your profile picture, rating, and reviews. Astrotalk can also put these into other works in any form, media, or technology that exists now or will exist later. (b) Show your profile online and offline and use it in any marketing promotional, or branding activity. This can be on any medium like the internet, print, television, etc. (c) show parts of your Content on and offline and let others (contractors, vendors, partners, etc.) do the same.
- The astrologer agrees not to reveal your real identity on the profile. Dhwani Astro will give Astrologers a specific display name linked to the profile picture you upload. You can't change the Display Name used at Dhwani Astro without asking Dhwani Astro first. Astrologers can't use the same display name on any other platform or website on the internet.
- Astrologers can't promote your work while providing services with the above display name and profile picture at Dhwani Astro without getting written permission from Dhwani Astro beforehand.
- Astrologer agrees that they won't use the same display name and profile picture for 5 years from the day this contract ends or your profile/relationship with Dhwani Astro stops.
- The astrologer agrees not to disclose your real name/Full name/alias name or any other personal information such as social media details or contact details to any customer being assigned to the Astrologer for consultation. Astrologer shall be using only the display name provided to Astrologer by Dhwani Astro for any communication taking place at the platform either in the form of phone consultation, review, comments, etc. Breaking this rule will lead to your profile being turned off without any notice, and you will be charged Rs. 11000 by the Compliance team at Dhwani Astro. Additionally, the blue checkmark on your profile will be removed.
- The astrologer must not reveal your actual name full name, alias, or any other private details like social media or contact information to clients assigned for consultation. For all platform communications, whether phone consultations, reviews, or comments, the astrologer should use the display name Dhwani Astro provides. Breaking this rule will lead to immediate profile deactivation without warning, a Rs. 11000 fines from the Dhwani Astro Compliance team, and the removal of the blue tick from the profile.
- The astrologer states and confirms that all information they give to Dhwani Astro and post on the Website is accurate to their best knowledge and belief. No information astrologers provide goes against the law or is illegal. Both parties agree that if any information the astrologer provides turns out to be false or incorrect, they will face a Rs. 11,000 penalty and their profile will be deactivated right away without notice.
- When you sign up with Dhwani Astro and after we check the information you give us, we will make a profile for you. Once your profile is active and after these Terms end, Dhwani Astro can show your profile on their site for three years unless it's taken down earlier for breaking any rules in these Terms.
- An astrologer cannot quit their job in the first three months (called the "Probation Period"). This rule helps the company get back the money they spent on hiring and training the new astrologer. If the astrologer leaves during this time, they must pay INR 10,000 (this amount might change). This payment covers the company's costs for finding, welcoming, training, and other related expenses. After the Probation Period, an astrologer can decide to leave if they want to. After the probation period, if an astrologer wants to quit, they need to serve a notice period. If the astrologer doesn't complete this notice period, they will have to pay a fine of 11,000 Indian Rupees.
- Limited Responsibility
- The astrologer clearly understands and accepts that Dhwani Astro, its partners, and anyone connected to them like managers, leaders, owners, workers, sub-workers, helpers, etc., won't be responsible for any astrologer or other people for any direct, indirect, accidental, important, special, punishing, or showing-off damages (this includes, but isn't limited to, losing business, money, profits, use, information, or other good things). An astrologer clearly understands and agrees that Dhwani Astro does not take responsibility for any issues related to payments for services between the user and the astrologer. The astrologer also agrees to protect, defend, and keep Dhwani Astro safe from any claims made against them. These rules apply no matter what the problem is, whether it's a contract issue, a mistake, or something else, even if the main purpose of a solution fails or there's negligence.
- If the law doesn't allow the liability limits mentioned above, the limits will be changed only as much as needed to follow the law. The most Dhwani Astro can be responsible for is Rs.500, whichever amount is higher. This part about liability limits will continue to apply even after this agreement ends.
2. OBLIGATION AND PERFORMANCE
- Astrologer affirmation
- The Astrologer guarantees that when offering services to users on Dhwani Astro, they will follow a careful approach that meets either a reasonable level of care or the professional standards required by their field, whichever is stricter The Astrologer agrees that:
- They must be at least 18 years old or a legally recognized organization, and they have permission to complete and send in an Astrologer registration form. This also means they can act for someone else (which could be a legal entity) who is submitting the form, and they have the authority to sign the form for themselves or for the person they represent, making them responsible for it.
- They will honestly share their skills, degrees, qualifications, background, and other important information, and will keep this information updated during this agreement to make sure it is true, accurate, current, and complete.
- Astrologers will keep their skills, qualifications, and other important details current, including maintaining a valid professional license in places where they offer astrology services.
- They will not offer services or advice in areas where they are not permitted or licensed, or if their license is not valid.
- They will not diagnose, treat, test, recommend treatments, or provide any services that need a physical check-up in person.
- They will tell users that their advice should not substitute the advice of a doctor after a physical check-up, and their advice is just for information. They also agree that Dhwani Astro, along with its partners and all the people who work for them, including managers, leaders, owners, workers, sub-contractors, and helpers, will not be responsible for the services provided by the Astrologer.
- Zero tolerance / conduct
- Astrologers must be friendly and polite to customers who come through Dhwani Astro. If an Astrologer uses bad language, threatens, or behaves poorly, their profile on Dhwani Astro will be turned off for at least three days. They will also need to pay a fee of Rs. 5100 to turn their profile back on. If the fee is not paid within three days, the profile will stay off longer, and the Astrologer will have to pay an extra Rs. 100 every day until they pay the fee and their profile is turned back on.
- Astrologers should behave respectfully and calmly and answer any questions customers have. The astrologer agrees not to share or show anywhere on the internet or any other platform the personal information given by the customer or the reason for seeking advice from the astrologer. If there is a complaint about this, the astrologer's profile may be turned off without any warning.
- The astrologer also agrees not to share any content that is illegal, hurtful, threatening, mean, annoying, wrong, rude, offensive, invading someone's privacy, hateful, or related to race, ethnicity, or anything else that is not okay on Dhwani Astro.
- The astrologer must keep a respectful and polite tone when responding to any comment on Dhwani Astro, including comments or reviews from customers they have worked with. During consultations, the Astrologer must not share any personal details about the customer, the reason for seeking advice, or any other private information disclosed during the conversation.
- Additionally, the Astrologer must not engage in any actions that could damage Dhwani Astro's reputation or interests. This includes posting negative reviews on social media, revealing the company's policies to others, or making any harmful comments about the Company, its staff, leaders, partners, or affiliates. The Astrologer also agrees not to encourage others to do any of these things. Breaking this rule will result in a fine of Rs. 11,000/- INR. Additionally, if a rule is broken, the Blue Tick will be taken away right away, and the account will be turned off for a while. To turn the account back on, the compliance team will look at the situation and evidence. If the person is found to have done something wrong, their profile will be turned off forever.
- The Astrologer promises not to support any other platforms or competitors that offer similar services as Dhwani Astro while using the Dhwani Astro platform. If this rule is broken, a fine of Rs. 11,000/- INR will be charged. Also, the Blue Tick will be removed right away, and the account will be turned off for a while. To turn the account back on, the compliance team will check all the chats and calls between the customer and the Astrologer Advisor. If the person is found to have done something wrong, their profile will be turned off forever.
- The Astrologer promises not to share sensitive or personal information from their consultations with any user, consultant, or internal members of the Dhwani Astro platform (unless approved by the concerned team). Any violation will result in a fine of Rs. 11,000/-. Additionally, the blue check mark will be removed right away upon violation, and the account will be temporarily disabled.
- An astrologer is not permitted to disclose internal policies, information about Dhwani Astro services, or details of their contract/earnings from Dhwani Astro to any user, consultant, or internal members of the Dhwani Astro platform (unless approved by the relevant team), or any member of the public who may or may not be associated with Dhwani Astro. However, an astrologer may share their earnings details with their immediate family members - spouses, parents, children, personal tax consultants, lawyers, income tax practitioners, GST practitioners, or any government authority. Dhwani Astro has very strict rules that do not allow any mistakes or bad behavior. If someone breaks these rules, they will have to pay a fine of Rs. 11,000/- to the consultant.
- Additionally, if there is a violation, the blue tick will be taken away right away, and the account will be turned off for a short time.
- The astrologer promises to treat Dhwani Astro's customers and employees with respect. If the astrologer acts badly or uses rude language with them, they will be fined Rs. 11,000/- INR. Also, the blue tick will be removed right away if there is a violation, and the account will be turned off for a short time. To turn the account back on, the compliance team will look at the case and evidence. If the astrologer is found guilty, the profile will be turned off permanently.
- The astrologer understands that they will handle promotional calls in a friendly way, with the same energy and excitement they would show in any other paid call, and treat all customers with respect. Using any type of offensive language, deliberately wasting time, disrespecting the customer, or having more than 10 PO marked as "Not Served Properly" could result in a strict penalty of Rs. 5100/- for the astrologer. If the same rules are broken again, the company may take further action, which could include applying the penalty again and/or deactivating the astrologer's profile for a period ranging from 3 days to 3 years, depending on the seriousness of the offense, as decided by Dhwani Astro.
- Personal Information
- Astrologers are not allowed to share any personal information about themselves, their friends, acquaintances, family members, or any other individuals, whether or not they are connected with the astrologers. Personal information includes your phone number, bank account details, emails, websites, personal pages, blogs, and social media profiles (like Facebook, WeChat, WhatsApp, Telegram, Messenger, SMS, etc.) that you share with customers seeking advice. If you break this rule, you'll be fined Rs. 11,000/- INR. Additionally, your blue checkmark will be removed right away, and your account will be temporarily disabled.
- An astrologer cannot charge for any service they offer for free, no matter the reason.
- The astrologer agrees not to ask cu customers to deposit any money into their account for services provided through Dhwani Astro. If you try to reach out to a customer through means other than the Dhwani Astro platform, whether through online or offline methods, and this includes situations where the customer initiates the contact outside the platform, you will have to pay a fine of Rs. 11,000/- along with all the money you earned from that customer outside of Dhwani Astro (based on the company's records). Additionally, you will also have to pay a penalty equal to the highest amount of money you earned through Dhwani Astro in the previous 12 months before the penalty was applied. Your profile will lose its blue tick, and to get it back, you will need to pay Rs. 11,000/- and Dhwani Astro will decide if you can have it back.
- Using any information inappropriately or sharing someone's details indirectly with a customer will also result in a fine of Rs. 11,000/- INR. Additionally, if a rule is broken, the blue checkmark will be taken away right away, and the account will be turned off for a while.
- Using any information inappropriately or sharing someone's details indirectly with a customer will also result in a fine of Rs. 11,000/- INR. Additionally, if a rule is broken, the blue checkmark will be taken away right away, and the account will be turned off for a while.
- Time commitment
- The astrologer promises to be online on the website for at least 4 hours each day to make people who visit the site trust them more. The 4 hours each day will be counted weekly, adding up the time the astrologer spends on the platform in one week.
- Online hours mean the total time the astrologer says they are available for chatting and calling, including the time they spend doing live streams on Dhwani Astro.
- Misusing website for personal gain
- The Astrologer is not allowed to use the Website for selling your products to make a personal profit out of the recommendation of products other than those, which are listed with Dhwani Shop.
- To avoid any kind of Penalty under this clause, an Astrologer may get your services verified to be listed for Dhwani Shop.
- Thus, the customer will not be restricted to only buying from Astrologers even if Listing products to Dhwani Shop has been done by the company. The proposal of certain services is not banned however putting pressure on the customer (either having an adverse impact or asserting danger for any kind of failure, etc.) will result in the breach of present terms and conditions.
- If the Astrologer is found guilty of violating Clause 2(e)(i), Dhwani Astro will give him a written as well as verbal warning and will also impose a penalty of 11,000/- INR for not wanting the profile de-activated.
- In case there is a violation of Clause 2(e)(ii) of the Policy or if any complaint is received from the customer regarding a violation of the Clause mentioned above, the Compliance Team of Dhwani Astro shall draw your attention to your profile and if you are found guilty of the violation, the amount paid for such consultation shall be refunded and in addition to it a penalty of 500/- INR for each such violation.
- Astrologers are supposed to do all that is expected of them in a service that has been committed to the customer/service or all that was expected from that service. If you refuse to provide or falsify documents to prove your service, you will be subjected to a fine of Rs. 11,000/- and/or restricted from the Dhwani Shop/Dhwani Astro.
- It does not allow the astrologers to perform anything which is beyond their capacity. Any assurance which cannot be guided by an astrologer will not be made. The same can also be said regarding assuring 100% results also falls under the same category. If there is a violation of the mentioned clause then an account of the astrologer will be deactivated and Rs. 11000/- will also deducted.
- Direct Contact prohibition
- An astrologer is not allowed to take the telephone number or any other contact detail of any customer, who has approached that astrologer for seeking advice and advice and induce the customer to contact the astrologer at his/her instance for your advantage.
- The astrologer agrees to communicate with a customer approached through Dhwani Astro to direct all its communications through the portal and communicate the status to the customer for not sharing his/her details amidst chat/ call discussion.
- However, if the Astrologer wishes to forward any customer to any other astrologer present on the Dhwani Astro platform, the Astrologer can only do so by providing the Dhwani Astro name and not in any other manner – telephone number, address, email address, website link or any social media profile like Facebook or Instagram, etc.
- The astrologer confirms and states not to utilize the private information of the customer provided by the said customer at the time of consultation/contact made through Dhwani Astro with you. Receiving such personal information including telephone contact of the customer, Astrologer shall not contact the customer directly for any reason including personal gains without prior permission from Dhwani Astro. Infringement of this Clause will lead to an automatic deactivation of Your profile with a fine of Rupees 11,000/- for each offense committed by You.
- Pure Astrology Service
- Dhwani Astro does not allow any kind of superstition like Tantra, Black Magic, Totke, Vashikaran, etc. The astrologer was strictly instructed not to prescribe any complicated remedies, but the customer should be given an easier way to solve his problem. Any suggestion that can be easily connected with any kind of loss or risk of any life, whether it be a human life or an animal’s life, will therefore be considered as a gross violation of the terms and conditions.
- Any breach of clause 2(g)(i) shall entail a fine of Rs. 11,000/- no prior notice and your profile shall be blocked/deleted on the Website. Payment of the Penalty may also enable you to get the profile reactivated depending on the seriousness of the violation committed by you.
- By registering at Dhwani Astro, the Astrologer understands and declares that he/ she will refrain from disrespecting any other Astrologer as per the list on the Website in the process of providing your services to any user/ customer. Astrologer is not allowed to malign or disrespect any other Astrologer featured on the Website including the use of terms such as less competent, ineffective, less informed, etc. Such a violation shall be regarded as a violation of the terms presented here and a fine of Rs. 11,000 shall be levied on you.
- Prescribing and Performing remedies
- When engaging in a business of offering or selling services through ‘Dhwani Shop’ which is a part of the ‘Dhwani Astro,’ the astrologer has to follow a certain set of rules and regulations. In regards to these rules/guidelines, the astrologer is not allowed to deviate from these at all, and under any circumstances. Breaking these rules will lead to penalties. It is also important because a serious violation could likely result in a fine & termination of the astrologer from Dhwani Astro.
- In case a user communicates with an astrologer on Dhwani Shop concerning any Pooja, Spell, Astrology Course, or any other service offered by Dhwani Shop, then communication of the same must be through the chat and call concerning Dhwani Shop Only. The astrologer is unable to link the user through any other media such as paid call/chat or assistant chat for any services bought in Dhwani Shop. If any person of Dhwani Mall user contacts through any other communication media, then an INR 11000/- penalty will be imposed along with restricting any amount earned through this order.
- If an astrologer fails to respond to the messages/inquiries of the Dhwani Astro users within 24 hours of their Dhwani Shop orders being sold then in such a case the astrologer has to pay INR 5100/-. This communication with the user must be provided only through the Chat and Call medium created exclusively for Dhwani Shop. Repeated or serious violations of this condition may also cause the removal of the astrologer from the list of available products that Dhwani Shop offers.
- Astrologers serving on Dhwani are required to sell & recommend less complicated products through the Dhwani Shop. This means that any service that does not directly concern the user is prohibited. Any services that can be associated with black magic, tantra, totka, vashikaran, separation between two unknown parties, or which are expected to have an ill effect on the services user or any other individual are prohibited under any circumstances.
- Noncompliance with 2(h)(iv) shall entail a fine of INR 11000/- plus the money earned by the Astrologer during the last six months through Dhwani Astro or being removed from Dhwani Astro profile.
- Astrologers are assumed to provide the same service as has been prescribed and promised by them to the user and more importantly not banned on our platform. If an astrologer indulges in different services such as Puja, Spells, etc. in the guise of something else is a direct violation of the Terms & Conditions and can be penalized under 2(h)(iv) along with the blocking of accounts and offs all the earning which Astrologer made through the Dhwani Astro account.
- Misuse of Credentials provided by Dhwani Astro:
- Astrologer confirms not to disclose the credentials obtained through Dhwani Astro to any other party including the credentials of Dhwani Astro. The system collects information from the IP address used by the Astrologer while using the website and upon discovering a violation of the aforementioned IP address penalty of 11000 and account deletion will be applied.
- Astrologer confirms not to disclose the credentials obtained through Dhwani Astro to any other party including the credentials of Dhwani Astro. The system collects information from the IP address used by the Astrologer while using the website and upon discovering a violation of the aforementioned IP address penalty of 11000 and account deletion will be applied.
- Astrologer shall not create any false identity or disguise oneself as any person or entity including but not limited to any other Astrologer who has registered itself with Dhwani Astro, guide or anyone or any other site and shall not represent himself falsely as being associated with any person or any other site.
- It is recommended that the Astrologer communicates all the details regarding all the devices that are used by the Astrologer to access the Website to us via the following email address: support@dhwaniastro.com
- On violation of the same, Astrologer shall be issued a written warning along with a verbal warning and a penalty of 21000/- rupees. The blue tick shall also be deleted on the violation of such provision. Apart from that if found violating Clause 2(i)(ii), another penalty of Rs 11,000/- shall be charged and your profile will be deleted permanently.
- Furthermore, the Astrologer will be required to reimburse the company all the money that has been earned by the Astrologer in the last 6 months as well as to surrender all the income documents. Any balance will be reflected in your wallet and debited from this liability while Astrologer shall not be entitled to any payment from the company. Besides, the company might be forced to seek legal proceedings to recover this amount.
- Prediction
- Dhwani Astro does not entertain predictions relating to the most critical areas thus implying that the customer is likely to make uninformed decisions. Astrologer is advised to refrain from advising any customer on the following list which is not exhaustive and shall include other situations leading to any offense being committed by the customer relatable to the advice provided by you: The article by Coping, which is titled ‘Memo to the Business World: Embrace the Power of Grandparents and Don’t Forget to Be Careful,’ can be categorized into two major sections: This article can be broadly divided into two categories.
- Identifying the probable sex of the baby.
- Offering date/time for medical complications as an operation requiring a successful outcome.
- Prediction about any criminal offense being planned by the customer.
- Prediction about the success of using the wrong methods.
- The predictions of type involving betting, monetary issues such as money – laundering, and substance abuse among others.
- Predicting concerning future dying for any reason at all including unintentional, sickness and so on.
- Dhwani Astro hereby legally binds itself to uphold the provisions of this clause and violation of this clause will attract a penalty of Rs. 11,000 besides issuing an immediate profile deletion. The parties shall also agree that once the profile is deactivated by this clause, the Astrologer shall be black-listed eternally from future dealings or contact with Dhwani Astro in any way known to the law.
- The astrologer concurs and states that if the customer is dissatisfied with the Services received from the Astrologer including wrong predictions made or the service could not be given because of internet connection or other reasons, the Astrologer will be willing to refund the amount to the account of the customer and update Information to Dhwani Astro on the same. In case of violation of the present sub-clause if reported to Dhwani Astro the amount shall be refunded to the customer without intimation to the Astrologer and at the same time penalty of Rs. 500 per violation shall be imposed.
- Both parties ensure that all the Chat conversations and the call consultations that the Astrologer has with the customer/user of the Website should be recorded for quality assurance. Dhwani Astro has the right to monitor such conversations and consultations for monitoring purposes subject to Your prior approval.
- The astrologer nods in agreement to this report and promises that when answering, the Astrologer will not cut & paste data from another application; rather, all answers are written personally by him/her based on the customers’ issues and the Astrologer’s charts. If any concern is found like the Astrologer copying answers from any website or poor report quality, we will refund the customer instantly and a penalty of Rs. 11000 will be charged from the Astrologer and your report section and blue tick will be suspended.
3. USAGE OF FEATURES
- Next online time
- Once the Astrologer has logged out of the account, the Astrologer should type the NEXT ONLINE TIME i.e. the estimated time of logging in again and going live on the Website. This is a requirement for an increase in the number of loyal customers which in turn leads to growth through the website. Failure to meet such terms means that your profile will be hit negatively by updating your penalty count which makes your profile move to the lower end of the website.
- Dhwani Astro verified blue badge
- Astrologers shall be entitled to avail Dhwani Astro Verified Blue Badge if he or she works only for our Website for a minimum of 4 hours daily. However, the badge is yet to be as subject to be taken away each time certain conditions and terms set in this Terms are violated. Astrologer you for this and permit the Website to establish a crawler that will monitor your profile present on any of the competitor’s websites to observe violations. The moment they remove the blue tick for any violation, one is expected to make a payment of Rs. 11,000/- to activate the blue Badge.
- Review
- The website also has a feature for reviewing the services offered by Astrologer to its clientele base. Depending on the service that you offer the customer can either give a positive review or a negative review. Astrologer will not delete and will not allow deletion of any review by the customer, any change required to be made in the reviews submitted by the customer, a request in the ‘My review’ tab in your dashboard can be submitted in the technical section of the company which shall review and take appropriate action accordingly.
- Pricing
- The regular charging by the astrologer is determined by the onboarding team at the time of onboarding and the decision is made after determining the astrologer’s efficiency during the hiring process. Other than the signup bonus, the astrologer has the option to request to alter the price after 6 months of joining by using the astrologer dashboard given that they meet the Dhwani Astro performance parameters; however, the request can be rejected by Dhwani Astro. Dhwani Astro has the authority to recall the astrologer and re-evaluate skills or language through reinterview. In the re-evaluation process, the astrologer’s account can be suspended and/or in the worst case, it can be deactivated as well, without any prior notice.
- If the Astrologer is working exclusively with Dhwani Astro, then it is agreed by both parties that the money gained from the non-Indian customer for consultation & services through Dhwani Astro the astrologer is entitled to receive an amount that is enshrined in the foreign price conversion list mentioned in their dashboard and the remained amount will be rounded off.
- The astrologer also confirms that the pricing is normal only for orders billed at full price and any amount less is generally applicable whether there is any offer running with the company or the astrologer has opted for it. Astrologer’s payment also depends on the offer likely to be given to the customer by either Dhwani Astro or Astrologer which may include a buyback offer, promotional schemes offering discount, membership, or any other offer present on the app. You will be bound to the few general app promotions and offers that you need to follow from the Dhwani Astro app. You also agree that the company offers the 1st five minutes free for the user as well and the company has special offers for customers that can include streaming, loyalty discounts fixed sessions, and/or any customer promotions that may exclusively be opted in for by you from within the customer profile.
- Dhwani Astro's billing system has some flaws/issues and is not liable for any incorrect calculation, program failure, or issues that occur in the billing format while making payments to the astrologer. Any astrologer who feels that a mistake has been made must report the matter to Dhwani Astro within 7 days of the occurrence even if the mistake is one made in their favor. If a customer has ever used part or full amount of refund for any service offered by the astrologer or if a payment has been made back then the astrologer will not be getting paid for it. If the astrologer has already received payment, they must return that money to Dhwani Astro. Dhwani Astro can take this money back from the astrologer's account or wallet in future payments.
- If there is a problem with a service provided by the astrologer that can't be solved, payment for that service will be held back until the problem is fixed. Dhwani Astro will make the final decision about these issues. In situations where a customer is entitled to a refund, Dhwani Astro can give the refund when the customer asks for it, without needing the astrologer's approval first. The astrologer agrees that their services might be checked for quality at any time, especially for customers asking for refunds, to ensure quality, or if the company's checking systems raise a concern. Dhwani Astro will deduct some amount from the astrologer's earnings for various expenses. This includes payment gateway fees, which are currently 2.5% as of March 1, 2022, and a 10% TDS.
- The company can stop paying an astrologer some or all of their earnings for up to 60 days if there are unusual or questionable transactions or services. This decision is made by the company's systems and audit checks and is explained to the astrologer. Payments will be held until the company finishes its investigation and is satisfied with the outcome.
- The astrologer's payment will have taxes taken out that need to be sent to the government.
- If Dhwani Astro pays the astrologer more than 20 Lacs in a year, the astrologer must give the company their GST number. The company will pay the GST in these situations.
- If the company pays the GST to the astrologer and the astrologer doesn't send it to the government on time, the company can stop all future payments and can even deactivate or end the astrologer's profile until the astrologer fixes this issue.
- The astrologer agrees that their share of money might go down if they choose to join any special promotion offered by the company, like making their profile more visible to users. The astrologer will be told about any reduction before joining the promotion, and it's completely their choice to join or not.
- Profile Update
- An astrologer confirms that once the Compliance team checks your profile, it can't be changed without their permission. If you want to change something in your profile, you need to ask for it by creating a request on the dashboard.
- Once an astrologer joins the platform, they can't make big changes to their profile, like their picture or bio. These details can only be updated one time when they first join.
- Feature Update
- Dhwani Astro keeps the right to change any features given to Astrologers while they are working with the platform. If a new feature is added, improved, or removed, Astrologers will be informed through their notice board or dashboard in the Dhwani Astro app. By continuing to use the website, you agree to these updates.
- Training
- Astrologers must start training within 7 days of getting the welcome email. They need to finish all parts of the training, including reviewing customer chats, within 14 days of receiving the welcome email. Not completing this on time will result in their profile being permanently turned off.
- An astrologer's acceptance depends on passing the customer review chat after training. If they don't meet Dhwani Astro's standards in various areas, they will have a 7-day period to improve. If they still don't perform well, their profile may be stopped. Dhwani Astro has the right to make any decisions about this.
- If an astrologer is caught manipulating any factors, such as using paid users to boost their results, they will face a fine of Rs. 11,000/- plus the money they made this way. Their profile will be temporarily suspended for a review that could take up to 7 business days.
4. REFUND AND CANCELLATION
- The Astrologer states that any service offered to any user through the platform is a paid service. Further, it is agreed that if there is a complaint being received from any user/customer demanding back the amount paid on the website then such complaint shall be referred to the Administrator/Compliance Team for consideration. However, if the complaint is as valid as it can be, the refund will be made accordingly as a full refund or a part of it without having to know your views about it. Both the parties shall concur and it shall be final and binding on the parties that any refund shall be at the sole discretion of Dhwani Astro. The refund once offered shall be equally returnable by both the parties of this Terms i. e. Astrologer and Dhwani Astro.
- For foreign users availing consultation through the website, any amount deposited at the payment gateway will also stand for a refund in case a complaint is made for a refund of the amount paid. The parties have agreed that in case any refund to any foreign user is to be done then it must be done by Astrologer too.
- Although it is provided in the above clauses, the refund can only be done where the service is availed in the last three years from the date the refund request is made by the user or customer.
5. INDEMNITY
- Astrologer agrees to indemnify the Website and its affiliates, directors, employees, and other officers for any claims, liabilities, actions, proceedings, demands, expenses, etc. which the Website may suffer or be subject to in respect of any proceeding which may be instituted as a result of
- Your engagement as a user of the platform etc.
- Any unauthorized use and breach of the profile formulated and administered by the Astrologer with the help of the Website.
- The indemnified party shall, before any claim is brought for indemnification, give to the indemnifying party notice of such indemnifiable proceeding; and shall deliver to the indemnifying party all papers and documents reasonably necessary to enable the indemnifying party to indemnify or defend the indemnifiable proceedings.
- If the indemnified party fails to notify the indemnifying party of the indemnifiable proceeding, the indemnifying party will be let off the obligation to indemnify the indemnified party since the indemnifying party was in some way prejudiced by the failure on the part of the indemnified party.
6. DISPUTE RESOLUTION
- In respect of any controversy or claim arising out of these Terms and the Website, the first recourse would be dispute resolution mechanisms and these include Arbitration, Mediation, and Conciliation.
- The award by the above-named arbitrator shall be conclusive and shall be binding on both parties.
7. SEVERABILITY
- The Parties further state that if any of the provisions of this Terms shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining parts of this Terms shall remain fully enforceable and effective.
- If any such clause is found or declared as being unlawful or unenforceable, shall be severable from the other provisions of this Terms and such a clause shall be struck out with no effect to the other Clauses in case the clause is declared as unlawful or unenforceable.
8. CONFIDENTIALITY AND NON-DISCLOSURE
- Astrologer acknowledges that Astrologer shall maintain the confidentiality of the Confidential Information with the highest standard of care and shall take all necessary precautions to ensure that the Confidential Information is not disclosed to any third parties. The confidential information may be used for the use of the Website under this Terms and no part of the information may be used by them or by any other party for its purposes.
9. INTELLECTUAL PROPERTY
- Dhwani Astro shall be the sole owner and possess all rights to own all the content created and displayed on the Dhwani Astro Platform, especially copies of data exchanged between the platform’s customers and the Astrologer via the chat, call, video call, or live streaming. It is also pertinent to note that Dhwani Astro shall be entitled to use or reproduce any content created at Dhwani Astro including but not limited to use in advertisement. This section shall not be affected by the expiry of the termination of this Agreement.
10. OTHER GENERAL PROVISIONS
- Limitation on Liability: Neither party will be held responsible for consequential losses and losses that are in particular, that the party should have reasonably contemplated at the time of entering into the Terms.
- Assignment: Neither party may assign these Terms or any of its rights or obligations under these Terms without the written consent of the other party.
- The Astrologer supports the statement made by Dhwani Astro that it has only offered a communication platform and thus cannot and will not be held liable for the content posted on the site and/or any act of malice – text/video/audio, in as much as they were performed by any user of the platform.
- It was expected from the astrologers to declare any legal proceedings in which he/she is involved at the time of their employment/on knowing it or receiving information of post-employment. Dhwani Astro reserves all rights to remove the association and termination of the profile in any circumstances including legal proceedings against the astrologer.
- If there is a conflict or dispute between you and Dhwani Astro while operating under the name of consultant of the Dhwani Astro then your profile will be locked in the meantime until the conflict or dispute issue is settled. However, during this period, you’ll not be providing any services on the platform. It is important to note that your profile can only be restored in the end once the issue is solved either amicably or under the orders of the relevant courts. Any payment that is being contested may be withheld temporarily/permanently till the case is concluded there will be no interest charged on the withheld amount.
11. LIVE STREAMING AND VIDEO CALLING TERMS AND CONDITION
- Dhwani Astro has developed an application through which users and astrologers use live streaming & video calling to consume content as well as for communication. The Astrologer understands the same and accepts that Dhwani Astro has only offered a communication channel and the company shall not be liable for the content to be published on the said channel and/ or any incidence of nastiness – text/video or audio perpetrated by any participant on the said channel and agrees to decline any liability and responsibility for the same. Sometimes, astrologers are also present in live sessions where they also need to keep a check on the topics based on astrology only. It is important to state, there can be no promotion or participation in any non-astrological activities or ventures. Non-compliance to the regulations may result in the suspension of live sessions and the client being penalized with Rs.11000/-. This is as a measure to maintain the professional aspect of the interactions in astrologer services.
- It should be understood that any astrologer streaming the service through live streaming & video calling platform to the users of Dhwani Astro does so in a professional manner and is required to be polite.
- The astrologer agrees to the following set of rules and regulations while using the live streaming & video calling platform and acknowledges that the company (Dhwani Astro) may take certain actions including levying a financial penalty, restricting the usage of the live streaming & video calling platform or restricting the usage of the Dhwani Astro app by the astrologer in case of any violation of the rules and regulations highlighted below:
- Astrologers are required to do live streaming without having to face toward the camera for most of your live streaming & video calling time. If someone breaks the same rule for more than 10 minutes a day, they will have to pay at least Rs. 5100/- per day. Also, they won't be able to use the live streaming and video calling platform for 7 days. Subsequently, if there is any violation, depending on the sheer intensity of the violation or the repetitive violation, the company possesses the privilege to block access to live streaming & video calling platforms or block or restrict the usage of the Dhwani Astro app in totality apart from applying a penal charge of Rs. 5100/- for every violation.
- It is expected to avoid making any personal information disclosure and data – Contact number, Bank account details, E-mails, website, personalized page, blogger, Facebook, WeChat, Whatup, Telegram, Messenger, SMS, etc. Offline address, any other detail which can be used to contact Astrologer outside of Dhwani Astro platform. Astrologers must not disclose these details in the background/backdrop while using the live streaming & video calling platform, in the title of the live stream /broadcast, when interacting with the users or when responding to them, or in any possible way while using the services of the platform nor encourage others to do the same. Any breach of this clause shall result in a penalty of Rs. 11,000/- INR. Additionally, in violation of the Blue Tick, it will be taken down immediately and, consequently, your account will be deactivated for a while. However, if the astrologer wishes to have the Blue Tick again, the same would cost him an additional fee of INR 11,000.
- The astrologer must not be rude to any user and disrespect them and agree and not turn down any user who wants a free horoscope reading session in the live event when the Astrologer is not on paid consultation or appointment and not write something that has the same effect of that in the live event description. The live event caption also includes that astrologers are not supposed to seek donations for answers in the course of the live session. Any violation of the same shall attract a penalty of at least Rs. 1100/- per day and if there is any subsequent violation depending upon the severity and frequency of the violation, the company has the right to restrict the usage of the live streaming & video calling platform or restrict the usage of the Dhwani Astro app permanently along with an application of penalty of Rs. 1100/- for each violation.
- The Astrologer shall not make any rude comment to Dhwani Astro or any of its employees any customer or any astrologer working on the Dhwani Astro platform or any other form of Astrology or rituals or practices. Astrologers furthermore agree not to incite, encourage, or motivate any of your friends, family members, customers, acquaintances, or any other person to do likewise. Any breach of this clause shall lead to a fine of Rs. 11,000/- INR. In Addition; your Blue Tick shall be withdrawn on violation and your account will be deactivated temporarily. For re-activation, the compliance team shall look at the case and evidence presented and in case the profile is found guilty, it shall be deactivated permanently.
- The astrologer is restricted from mentioning or advocating another astrology app or any other astrologer practicing outside Dhwani Astro in the live streaming and video calling feature. If any customer joins the live stream and starts acting like an astrologer or forcing the users to seek astrology services elsewhere, the Astrologer is anticipated to leave such a conversation or block the said customer. Astrologers are furthermore also asked to report the same matter to other teams of astrologer support. The recurrence of any violation of this clause shall result in a penalty of Rs. 11,000/- INR. Besides, on any violation, the Blue Tick shall be removed instantly and, therefore, your account will be deactivated temporarily. For re-activation, the compliance team will go through the case and the evidence produced and if found guilty, the account shall be closed permanently.
12. DISCLAIMER AND WARRANTY
- The astrologer agrees to the fact and confirms that as the sites and the astrologer platform have been hereby provided to the user ‘as is’, thus the user shall have no claim or demand against Dhwani Astro which may be in any way linked or connected to the sites, or the astrologer platform. In the use of the sites and the astrologer platform, the astrologer agrees that it will be at his/her sole risk. To the extent permitted by applicable law, Dhwani Astro does not warrant that the website or any content available through the website will be error-free, accurate, uninterrupted, suitable for any particular purpose, timely, and secure, or that any defects will be corrected.
- The Astrologer shall not have any legal action, claim, or right against Dhwani Astro, affiliates, and their respective officers, directors, shareholders, employees, sub-contractors, agents, etc. for any services astrologer opts to offer about the utilization of the sites. The services that are bought from the sites and/or Dhwani Astro will not be deemed that Dhwani Astro had provided or received the services. The sale or purchase of services is, therefore, accepted by the astrologer at the buyer’s and the entire risk of loss. In no event shall Dhwani Astro, its subsidiaries and affiliated companies, and their respective officers, directors, shareholders, employees, sub-contractors, agents, and licensors be liable for any consequential, indirect, or special damages arising out of the use of the services or any breach of this agreement.
- Astrologer accepts and understands that through the use of the Dhwani Astro service, Dhwani Astro will not be liable in any manner for a claim, suit, or action of a user regarding the services provided by the astrologer which includes but is not limited to representations made by the astrologer regarding his/her qualifications and the advice given by the astrologer and astrologer shall indemnify and keep Dhwani Astro.
- Dhawni Astro does not assume, and will not be liable for the foregoing clauses (1) the accuracy availability of the Sites as well as the Astrologer Platform; and (2) any loss or damage suffered or incurred by the User in connection with the Sites, the Astrologer Platform and/or any opinion, response, advice, prediction, recommendation, information, representation and/or other service made available or not made available by any Astrologer. This section (disclaimer of warranty) is intended to endure termination or expiration of this agreement.
13. ADDITIONAL DISCLAIMERS
- Dhwani Astro will not be responsible for the collection of any contract that was signed between an Astrologer and a User including fees for services. Well, astrologers will independently be held responsible for any deal that has been made with a user. Also, it is incised that Dhwani Astro just connects the User and the Astrologer to enhance the availability of different Astrologers to the different users and does not have any part in the actual delivery of such advice. Where there is any controversy or dispute as to any Transaction that has taken place through the Astrologer Platform or the Sites, the Astrologer hereby releases Dhwani Astro, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors, and agents from any liability and any kind of actions, claims or demands of the Astrologer against one or more users.
14. MODIFICATION OF TERMS
- Dhwani Astro has the right to update or change any part of the Service or these Terms, including sections like "Obligations and Performance," "Usage of Features," and "Refunds and Cancellation," at any time. These changes will take effect as soon as they are posted and might not be separately announced by email. You can check when these Terms were last updated by looking at the 'LAST UPDATED' date at the top. If you agree to the "Terms and Conditions" after the 'LAST UPDATED' date, you are accepting all the current Terms, including any changes made later. By continuing to use the Platform after changes are posted, you agree to those changes. If the Astrologer doesn't like any changes made, the only option is to stop using the app. We suggest Astrologers check the "Terms and Conditions" each time they log in. Also, remember that using the app means you agree to the latest version of these terms available at that time.
15. CONTACT INFORMATION
- We keep your contacts updated so we can tell you when one of them joins Only Astrologer and show their names correctly in notifications. We only need their phone number and full name for this, and we don't store any other information about your contacts.
16. WHY WE COLLECT YOUR PHONE NUMBER
- Phone Calls: Your phone number allows you to make and receive calls. This feature is meant to help you have real-time talks and connect with others.
- iChat Notifications: We use your phone number to send you important messages and updates about your activities on the platform.
- To keep your account safe, we use an ID and PASSWORD for actions like logging in, recovering your account, and making important changes. These help us confirm your identity and protect your account.
17. YOUR PRIVACY MATTERS TO US
- We want you to know that we highly respect your privacy and take your data very seriously. Your trust in us is crucial, and we are dedicated to safeguarding the information you provide to us.