Terms & Conditions

This Terms is entered between the Astrologer who sign up to become an Astrologer Advisor (“You”) on the DhwaniAstro platform. When you sign in as an Astrologer, you are directly contracting with Dhwani Astro LLP by showing your acceptance after clicking on the “I AGREE” button which signifies that you have read the Terms of Service carefully and are bound by the same once your selection as an Astrologer Advisory is completed with DhwaniAstro.

Dhwani Astro LLP (“us” “We”, or “DhwaniAstro” which also includes its affiliates) is the author and publisher of the internet resource dhwani astro and is inclusive but not limited to the application “DhwaniAstro”. ‘DhwaniAstro’ (together, “Website”) owns and operates the services provided through the Website.

1. NATURE AND APPLICABILITY OF THE TERMS

a. Terms shall include the present Service Terms and Conditions and the Privacy Policy, and both together shall constitute a legal Terms (“Terms”) between You and DhwaniAstro.

b. DhwaniAstro reserves its rights to update, change, modify, add or remove the present Terms which shall be duly communicated to you, via Email/or/Website Notification/Application/Other Messaging Services. Your continued use of the Website shall signify your acceptance to the changed terms and conditions.

c. The present terms along with any changes brought in the present service terms and conditions duly communicated to you in any form shall be binding on both of parties.

d. After signing up with DhwaniAstro, the below terms shall follow: -

i. You are required to upload a recent profile picture as your specific identity. The Profile Picture once uploaded cannot be changed without raising a request to the DhwaniAstro. You are prohibited to use the same profile picture once uploaded on DhwaniAstro, at any other platform or at any other website over the internet till the subsistence of the present Terms. Violation of this clause will attract de-activation of your profile without any warning issued and fine of Rs. 21000 by the Compliance team at DhwaniAstro. By creating a profile on DhwaniAstro, you automatically grant to DhwaniAstro an exclusive, royalty-free, perpetual, irrevocable, worldwide license (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display any parts of your profile including but not limited to profile picture, rating, reviews etc. and/or to incorporate it in other works in any form, media, or technology now known or later developed (b) display your profile online and offline and use the same in any marketing ,promotional or branding activity on any medium like internet, print, television etc, and (c) display portions of your Content online or offline and permit others (contractors ,vendors, partners etc) to do the same.

ii. You agree not to disclose your personal identity on the profile. You will be assigned a specific display name associated with the profile picture being uploaded by you. The Display Name used at DhwaniAstro cannot be changed without raising a request with DhwaniAstro. You are prohibited to use the same display name at any other platform or at any other website over the internet.

iii. You are prohibited to publicise your work carried on while providing your services with the above display name and profile picture at DhwaniAstro without seeking prior written permission from DhwaniAstro.

iv. You agree that you shall not use the exact same display name and profile picture for a period of 5 years from the date of termination of this contract/ cessation of your profile/relation with DhwaniAstro.

v. You agree not to disclose your real name/Full name/alias name to any customer being assigned to you for consultation. You shall be using only the display name provided to you by DhwaniAstro for any communication taking place at the platform either in the form of phone consultation, review, comments etc. Violation of this clause will attract de-activation of your profile without any warning issued and fine of Rs. 21000 by the Compliance team at DhwaniAstro.

vi. You declare and affirm that any information provided by You to DhwaniAstro and uploaded by you on the Website is true and correct to the best of your knowledge and belief. No information provided by you is against law and illegal. It is agreed between the parties that if any information provided by you is found to be untrue or wrong, a penalty of Rs. 31,000 shall be imposed and Your profile shall be deactivated immediately without any information to You.

e. By signing up with DhwaniAstro, You agree that you shall not work/deliver your services on any competitor platform imparting similar services over the internet. You are also prohibited to use a disguised or alias name while trying to deliver your services (similar to the service being delivered at DhwaniAstro) on any competitor platform over the internet. You also agree not to use the display name and profile picture of your DhwaniAstro profile on your personal social media handles and website or anywhere on the internet. Violation of this clause will attract deactivation of your profile without any warning issued and a fine of Rs. 21000 by the Compliance team at DhwaniAstro.

f. By signing up with DhwaniAstro, You agree that you shall not open a similar platform for a period of 3 years from the cessation of your profile/relation with DhwaniAstro. You are prohibited to use the Tag of DhwaniAstro to lure the customers advised through the platform DhwaniAstro. You may however after the termination of all relations with DhwaniAstro, choose to work with a similar platform without using the same display name, profile picture and other specific features as detailed above in this clause.

g. By signing up with DhwaniAstro and after due verification of the details as provided by You, your profile will be created. After your profile has been made live and upon termination of the present Terms, DhwaniAstro shall have the right to display your profile on DhwaniAstro for a continuous period of 3 (Three) years if the profile has not been deactivated/removed for violation of any terms and conditions of the present Terms between the parties.

2. OBLIGATIONS AND PERFORMANCE

a. Zero tolerance / Conduct:

i. You shall be under obligation to treat the Customer approaching through DhwaniAstro, in a cordial fashion. Use of any kind of filthy language, imparting threats, etc. shall lead to deactivation of your profile on DhwaniAstro for a minimum period of Three (3) Days and shall attract penalty of Rs. 5100/- for re-activation of your profile. It is further agreed between the parties that the 3 days period can be further extended until the penalty is not paid within 3 days whereafter penalty of Rs. 100/- INR per day will be imposed on the astrologer until the date of re-activation.

ii. You are required to maintain proper decorum and answer all kinds of questions being sought by the customer in a peaceful manner. You agree that you shall not upload the personal information supplied by the customer or display at any place over the internet or any other platform, the reason or purpose of the advice sought from You by the customer. Any complaint received in such scenario shall lead to de-activation of your profile without any warning to you.

iii. You agree not to upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable on/through DhwaniAstro.

iv. You agree to maintain decorum while replying to any comment posted on DhwaniAstro inclusive of any comment or review posted by the customer dealt by you. While maintaining decorum you are prohibited in giving any personal information of customer and the purpose for which the advice has been sought or any other confidential information revealed to you during your conversation/consultation with the customer.

v. You agree not to do any acts which may harm the reputation and interests of DhwaniAstro including, but not limited to posting negative reviews on any social platform, disclosing company’s policies to anyone and in general making any defamatory comments of any type or nature whatsoever to anyone about the the Company, its employees, officers, directors, agents, consultants, affiliates etc . You furthermore agree not to encourage, motivate, influence any of your friends, family members, customers, acquaintances or any other person to do the same. Any violation of this clause shall attract penalty of Rs. 21,000/- INR. Further, the Green Tick shall be removed immediately on violation and account shall stand deactivated temporarily. For re-activation, the compliance team shall review the case and evidence and on being found guilty, the profile shall be deactivated permanently.

vi. You agree not to promote any other platform/competitors providing similar services like DhwaniAstro while using the DhwaniAstro platform. Any violation shall attract penalty of Rs. 21,000/- INR. Further, the Green Tick shall be removed immediately on violation and account shall stand deactivated temporarily. For re-activation, the compliance team shall audit all the chats and calls between the customer(s) and the Astrologer Advisor and on found guilty, the profile shall be deactivated permanently.

vii. You agree not to share sensitive/personal data from your consultations to any user/consultant/internal members of DhwaniAstro platform (unless approved from concerned team).Any violation shall attract penalty of Rs 21,000. Furthermore, Green tick shall be removed immediately on violation and account shall stand de-activated temporarily

viii. You are not allowed to share internal policies and information about DhwaniAstro services with any user/clients. DhwaniAstro follows strict zero tolerance policies and incase of any violations or misconduct , a penalty of Rs 21,000 will be charged from the consultant. Furthermore, Green tick shall be removed immediately on violation and account shall stand de-activated temporarily

b. Personal Information:

i. You shall not share any personal information belonging to yourself or any of your friends,acquaintances, family members or any other persons who may or may not be connected with you . Such personal information is inclusive of contact number, bank account details, e-mails, websites, personalised page, blogs, social media profile(S) [inclusive of but not limited to Facebook, Wechat, Whatsapp, Telegram, Messenger, SMS etc] with any of the customer seeking advice. Violation of this clause shall attract penalty of Rs. 21,000/- INR. Further, the Green Tick shall be removed immediately on violation and account shall stand deactivated temporarily.

ii. You are not permitted to charge for a free service being imparted by you for any reason whatsoever.

iii. You agree that you shall not ask the customer to deposit any amount in your personal account for the services rendered through DhwaniAstro.

iv. Mis-use of any information or sharing indirectly any personal information with the customer shall attract penalty of Rs. 21,000/- INR. Further, the Green Tick shall be removed immediately on violation and account shall stand de-activated temporarily.

v. For re-activation, the compliance team shall audit all the chats and calls between the customer(s) and the Astrologer Advisor and on found guilty, the profile shall be deactivated permanently.

c. Time commitment:

i. You agree to spend a minimum of 4 (four) live hours on the Website to increase your credibility among the users/customers visiting the website regularly. Four Live hours for daily average shall be calculated on weekly basis after accumulating the time spent by You on the platform in one week.

ii. In case the number of live hours spent on the website is less than 4 on daily basis, the DhwaniAstro verified Green Badge can be removed from your profile.

d. Mis - using Website for Personal Gain:

i. You are strictly prohibited to use the Website for promoting your personal products with the intention to attain personal gain through recommending and selling the products not specifically listed on AstroMall.

ii. To avoid any kind of Penalty under this clause, you may get your products verified to be listed in AstroMall.

iii. Listing of products on AstroMall does not mean that you will force the customer to buy your product only. Suggestion of a particular product is not prohibited however imposing on the customer (either showing negative effect or threatening for any kind of mishappening, etc.) will lead to violation of the present terms and conditions.

iv. If You are found violating Clause 2(c) (i), DhwaniAstro shall issue a written as well as verbal warning along with a penalty of Rs. 11,000/- INR for avoiding de-activation of the profile.

v. If You are found violating Clause 2(c) (ii) or on receiving complaints from the customer regarding such violation, Compliance Team of DhwaniAstro shall flag your profile and if found guilty, the payment made for such consultation to the Astrologer shall be refunded and a penalty of Rs. 500/- INR for each violation shall be imposed on you.

e. Direct Contact Prohibition:

i. You are prohibited to obtain the contact information of any customer seeking advice from you and solicit the customer to contact you personally for your personal gain.

ii. You agree to inform the customer approached through DhwaniAstro to route all its queries through the portal and update the customer for not sharing his/her personal details on the chat/call conversations.

iii. In case you want to refer any customer to any other astrologer who is there on the DhwaniAstro platform, you may do so only by sharing the Astrologer’s DhwaniAstro ID and Name and not through any other means including but not limited to - phone number, address, email address, website, social media handles like facebook or instagram profiles etc

iv. You agree and declare not to use the personal information of customer shared by the customer during the consultation/contact through DhwaniAstro with you. On receiving such personal information inclusive of the contact details of the customer, You agree not to approach the customer directly without informing DhwaniAstro for any reason inclusive of personal gains. Violation of this Clause shall attract immediate de-activation of your profile with penalty of Rs. 21,000/- for each violation made by You.

f. Pure Astrology Services:

i. DhwaniAstro does not promote or encourage any superstition like Tantra, Black Magic, Totke, Vashikaran etc. You are advised to provide simpler remedies to the customer seeking advice. Any advice which is directly relatable to any loss or danger of life be it animal or human being shall be viewed as gross violation of the terms and conditions.

ii. Violation of clause 2(e)(i) shall attract penalty of Rs. 11,000/- without any warning and your profile shall be banned/removed from the Website. Payment of Penalty may allow re-activation of the profile subject to the severity of the violation made by you.

iii. You agree to respect other Astrologers listed on the Website while imparting your services to any user/customer at DhwaniAstro. You are prohibited to defame or humiliate any other Astrologer listed at the Website inclusive of usage of terminology like less capable, inefficient, less knowledgeable, etc. Such conduct shall be considered a grave violation of the present Terms and a penalty of Rs. 11,000 shall be applicable on You.

g. Misuse of Credentials provided by DhwaniAstro:

i. You agree not to share the credentials received through DhwaniAstro with anyone inclusive of DhwaniAstro credentials. The system obtains data from the IP address employed by you while operating the website and on finding violation of the same penalty of 21000 and profile deactivation will be done.

ii. You agree not to share your personal account details registered with the DhwaniAstro to anyone else. You are prohibited to provide consultation to the customer through anyone else by impersonating you before the customer. Such impersonation shall attract criminal liability against you along with fine of 21000 and profile deactivation.

iii. You agree not to impersonate any person or entity, including, but not limited to, any other Astrologer registered on DhwaniAstro, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity or other portals.

iv. You are advised to share details of all the devices used by you for accessing the Website by dropping us an email at info@dhwaniastro.com

v. On violation of the same, you shall be issued a warning written as well as verbal alongwith a penalty of Rs. 21,000/-. The Green tick shall also be removed immediately on such violation. Further if found in violation of Clause 2(f)(ii), another penalty of Rs. 21,000/- shall be imposed along with permanent de-activation of your profile.

h. Honest Price Commitment:

i. You agree to maintain your services at the fair price guaranteed by DhwaniAstro to its customers. You agree not to sign up with any other portal imparting similar services as DhwaniAstro on similar price or any price lower than the price at DhwaniAstro.

ii. The system at DhwaniAstro is built to track the profiles made by you with any other portal on lower price while on the DhwaniAstro. Such action will lead to lowering your price quoted on the website without seeking any approval from you.

iii. Any violation of this clause will be considered as an offence and you shall be liable to such appropriate action under the law alongwith a penalty of Rs. 11000/-.

i. Predictions:

i. DhwaniAstro prohibits predictions on sensitive issues which may lead to un-informed choice being made by the customer. You are advised to refrain from advising any customer on the following list which is not exhaustive and shall include other situations leading to any offence being committed by the customer relatable to the advice provided by you:-

Predicting gender of the unborn child.

Providing date / time for medical issues such as operation for successful completion.

Prediction with regard to any criminal offence being planned by the customer.

Prediction with regard to achieving success through illegal means.

Predictions relating to gambling, money - laundering, drug abuse etc.

Predicting with regard to ensuing death for any reason whatsoever inclusive of accidental, medical, etc.

ii. DhwaniAstro reserves its right to take appropriate action under the law against violation of this clause which shall include the penalty of Rs. 21,000 along with immediate profile de-activation. It is agreed between the parties that once the profile is de-activated under this clause, You shall be black-listed for future from making or contracting with DhwaniAstro in any manner whatsoever.

iii. You agree and declare that if the customer is not satisfied with the Services provided by You inclusive of wrong predictions being made or the service could not be rendered due to internet issue or other reasons, You shall refund the amount voluntarily to the account of the customer and shall update the Information in this regard to DhwaniAstro immediately. If violation of the present sub-clause is reported to DhwaniAstro, the amount shall be refunded to the customer without informing You and simultaneously a penalty of Rs. 500 per violation shall be imposed.

iv. It is agreed between the parties that all the Chat conversation and the call consultations made by You with the customer/user of the Website shall be duly recorded for quality purposes. DhwaniAstro reserves right to monitor such conversations and consultations for monitoring purpose with prior approval from You.

v. You agree and declare that while answering reports you will not copy/paste data from another app, you will type all answers by yourself after deeply analyzing the customers problems and his charts. If we found any complaints of you copying answers from any website or poor report quality immediately refund will be processed to customer, penalty of Rs. 11000 will be levied on you and your report section will be closed along with green tick removal.

vi. You agree that after submitting reports answer to user you will take feedback session within time which is mentioned on platform for feedback, failing so will attract penalty as deemed fit by company which may include report section closure, complete refund to user and additional penalty up to Rs. 5000.

3. USAGE OF FEATURES

a. NEXT ONLINE TIME:

After you log out from your account, you shall mark the NEXT ONLINE TIME i.e. the expected time of logging again and coming live on the Website. This is must for increasing a loyal customer base leading to personal growth through the website. Not following such terms can lead to negative impact on your profile by updating your penalty count by +1 leading to your profile to be shifted at the bottom of the website.

b. DhwaniAstro VERIFIED GREEN BADGE:

You shall be eligible to get a DhwaniAstro Verified Green Badge on working exclusively for our Website for a minimum number of 4 Hours daily. The badge shall be liable to be removed in case of violation of any terms and conditions set in this Terms. You agree and allow the Website for creating a crawler which shall keep a check on your profile available on any of the competitor’s websites to see violations. The removal of Green tick for any violation will attract a payment of Rs. 21,000/- for re-activation of the Green Badge.

c. REVIEWS:

The website has a functionality of review for the services rendered by you to its customers. The customer can give a positive as well as negative review depending on the service rendered by you. You agree not to remove/delete any review and any change required to be made in the reviews submitted by customer, a request in the “My review” tab in your dashboard can be submitted for deletion to the technical team, which shall review and take appropriate action.

d. PRICING:

i. The pricing facility is provided to you on your dashboard which can be reviewed on the request being submitted by you to the Technical team from your Dashboard. You agree to the policy that the pricing can be increased or decreased upto 20% after a gap of 30 days from the date of joining or from the last price updated on your profile.

ii. It is agreed between the parties that the amount paid by the customer for the consultation through DhwaniAstro, 55% of the same shall be retained by DhwaniAstro and 45% amount shall be deposited in the account details as provided by You or as mutually decided by both the parties, subject to any kind of offer being presented to the customer by DhwaniAstro which is inclusive of buyback offer, Promotional Schemes offering Discounts, etc.

iii. Notwithstanding anything contained in clause 3(d)(ii) above, the amount required to be paid to You for such consultations where Offers have been provided to the customer while booking consultations, shall be proportional to the offering given by DhwaniAstro inasmuch as amount lesser than 50% shall be paid to You detailing the amount deducted due to the promotional offer given to the customer.

e. PROFILE UPDATE:

You agree that the profile once verified by the Compliance team cannot be changed without prior approval subject to the re-verification of the change requested to be made in your profile. Any request for changing the contents of your profile is required to be raised from the dashboard by raising a ticket for the same on the platform.

f. FEATURE UPDATION:

DhwaniAstro reserves its right to update any feature provided to you while associating with the platform. Once any new feature is added or upgraded or deleted, the same shall be duly updated to You on your notice board/dashboard in the DhwaniAstro Application. Your continued use of the Website shall signify your acceptance to the updates made.

4. REFUND AND CANCELLATION

(a)You agree that any service rendered by you through the platform is chargeable. It is further agreed that if any complaint is being received from any user/customer seeking refund of the amount paid on the website, the complaint shall be subject to review from the Administrator/Compliance Team. If the complaint is found genuine, the refund shall be processed accordingly either in full or partial without seeking your approval. It is agreed between the parties that the decision taken by DhwaniAstro shall be final with regard to any refund. Once refund is made, the same shall be from both the parties to this Terms i.e. You and DhwaniAstro.

(b)For the foreign users taking consultation through the website, any amount paid on the payment gateway will also subject to refund if any complaint is raised for refund of the amount paid. It is agreed between the parties that if any refund if processed for any foreign user, the same shall be refunded from you as well.

(c)Notwithstanding anything contained in the above clauses, refund can be initiated only for the service rendered in the past 3 years from the date of the request of refund being made by the user/customer.

5. INDEMNITY

a. You undertake to indemnify the Website and its affiliates, directors, employees and other officers against any claims, liabilities, actions, proceedings, demands, expenses etc which the Website may incur or suffer in connection with any proceeding arising out of

i. The use of the platform by you,

ii. Any unauthorised use and violation of the profile created and managed by you on the Website.

b. The indemnified party, before any claim is brought for indemnification, shall, notify the indemnifying party of the indemnifiable proceeding, and to deliver to the indemnifying party all legal pleadings and other documents reasonably necessary to indemnify or defend the indemnifiable proceedings.

c. If the indemnified party fails to notify the indemnifying party of the indemnifiable proceeding, the indemnifying will be relieved of its indemnification obligations to the extent it was prejudiced by the indemnified party's failure.

6. GOVERNING LAWS

a. This Terms, and, any disputes arising out of the present Terms shall be governed by the laws applicable to the National Capital Region at New Delhi.

b. The Courts situated at Delhi shall have exclusive jurisdiction to entertain and decide any dispute arising between the parties under this Terms.

7. DISPUTE RESOLUTION

a. Any dispute arising out of this Terms and the Website, shall be settled by resorting to alternate modes of dispute resolution at first instance inclusive of Arbitration, Mediation and Concilliation.

b. The Award passed by the Arbitrator shall be final and binding on both the parties.

8. SEVERABILITY

a. The Parties agree 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 other remaining provisions of this Terms shall remain in full force and effect.

b. On such clause being declared or determined as unlawful or un-enforceable, the same shall stand removed from this Terms while the other Clauses shall have no adverse effect in the case of such clause being declared as unlawful or un-enforceable.

9. CONFIDENTIALITY AND NON - DISCLOSURE

a. You agree that you shall hold the confidential information in the strictest of confidence and to protect the Confidential Information from disclosure to any third party. The confidential information can be used only for the use of the Website under this Terms and shall not use any part of it, for its own purposes or the purposes of any other party.

10. INTELLECTUAL PROPERTY

DhwaniAstro shall be the sole owner of and retain all ownership rights to all content generated and displayed on the DhwaniAstro Platform including copies of data transferred or received between the users ( customers) of the platform and the Astrologer. This section shall survive expiration or termination of this Agreement

11. OTHER GENERAL PROVISIONS

a. Limitation On Liability: Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this Terms.

b. Assignment: Neither party may assign this Terms or any of their rights or obligations under this Terms without the other party's written consent.

12. Modification of Terms

DhwaniAstro reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, including ,but not limited to penalty clauses under the sections - "Obligations and Performance" , "Usage of Features","Refunds and Cancellation" etc, at its sole discretion. Any such change(s) shall be effective immediately upon the posting of revised Terms and may or may not be separately notified via email. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By signing onto the application by agreeing to the "Terms and Conditions" anytime after the "LAST UPDATED" date, you shall be deemed to have accepted the Terms herein including the amended Terms published from time to time. Your continued use of the Platform following the posting of changes mean that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Application. We encourage you to refer to the "Terms and Conditions" every time you login into the application. It is, further, clarified that your use and access of the Application/Service(s) is subject to the most recent version of these Terms made available on the Application at the time of such use.