Terms and Conditions:
The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to Nakshatra an Internet based Astrology consultation App & Website owned and operated by Squareknot Next Technologies Pvt Ltd, a company incorporated under the laws of India, with its office situated at Gurugram, Haryana,India and the terms “You” /”Your” / “Yourself” refer to the Astrologer.
This Terms & Condition agreement is an electronic record in the form of an electronic contract formed under the information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information Technology Act, 2000.
This agreement is a legally binding document between you and Nakshatra (both terms defined below). The terms of this agreement will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the I accept tab or by use of the website/app or by other means) and will govern the relationship between you and Squareknot for your use of the our website/APP – Nakshatra (defined below).
Please read this agreement carefully by using the Website/App, you indicate that you understand, agree and consent to this terms & condition agreement. If you do not agree with the terms of this agreement, please do not use this Website/App.
DEFINITION OF SERVICE:
Nakshatra provides a platform where an Astrologer may present his or her consultation and sell advice or services to interested users. The Astrologer Platform allows users to locate an Astrologer and ask questions or request advice and/or services from such an Astrologer via the platform. Payments made via the payment gateway on the platform can be used for one or more Astrologers, at the complete discretion of the user. The user is not restricted in any way from using the services of one particular Astrologer at any point and time.
When you, the Astrologer, create and open an account with Nakshatra, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Nakshatra of any unauthorized use of your password, user name, e-mail or any other breach of security. Nakshatra will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Nakshatra due to someone else’s use of your account or password.
ASTROLOGER AFFIRMATION, CONDUCT AND USE:
The Astrologer warrants that whenever it provides Astrologer services to any Member of Nakshatra, it shall do so after exercising reasonable standard of care or standard of care mandated by his or her profession, whichever is higher.
The Astrologer agrees that the Astrologer:
Will provide true correct and accurate representation of skills, degrees, qualifications, background and other such information,
and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete.
Will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional
in any jurisdiction, as may be required by that jurisdiction, where you practice your profession.
Will not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a Member.
Will advise Users that your advice is not a substitute for the advice of a physician after physical examination and that your advice is for informational purposes only.
Will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship.
Will not misrepresent yourself or create a misleading name or listing.
Will not mislead users to believe that he or she can provide a service which is outside the Astrologer’s scope of work.
Will not take any actions which may undermine, disrupt or manipulate the integrity of Nakshatra and/or the Sites.
Will not interfere with or disrupt the Sites or servers or networks connected to the Sites.
Will not transmit through the Site any unlawful, harassing, libelous, privacy violative, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind.
Will not stalk, threaten or harass any Astrologer or users or infringe upon or attempt to infringe upon their privacy
Will not violate any applicable local, state, national, or international law, statute, ordinance, rule, regulation or ethical code.
Will not do any act which results in any intellectual property violation, third party advertisement, spread of viruses, worms, malicious software, or any other illegal or immoral act.
WILL NOT ATTEMPT TO CONTACT THE MEMBER OR ENCOURAGE ANY PAYMENT FROM THE MEMBER WHICH IS NOT THROUGH Nakshatra AND/OR SITES.
WILL NOT EXCHANGE ANY PERSONAL CONTACT INFORMATION WITH ANY MEMBER FOR THE PURPOSE OF MAKING AN OFFLINE PAYMENT.
WILL NOT ATTEMPT TO TAKE THE ACT OF PROVIDING ONLINE ADVICE AND/OR PROFESSIONAL CONSULTING SERVICES OFFLINE, I.E. WITHOUT USING Nakshatra AND/OR SITES THAT CAN BE DONE VIA THE Nakshatra PLATFORM
WILL ABIDE BY THE PAYMENT/PRICING GUIDELINES AND NOT CHARGE THE MEMBER BEYOND ACCEPTABLE NORMS OF PRICING.
Astrologer agrees to a fair price policy, and will charge on par with their own, and other similar calling platforms.
Nakshatra reserves the right to automatically lower the price of the astrologer, if it finds that it is higher anywhere else on another website.
Nakshatra is not bound to inform the astrologer and it is up to the astrologer to ensure that their pricing is the same on all platforms. In the event that an astrologer repeatedly changes pricing so that is NOT the same as other platforms, or the astrologers own website, Nakshatra reserves the right to disable the services of the astrologer without prior notice.
WILL NOT ATTEMPT TO FRAUDULENTLY INCREASE TALK TIME BETWEEN MEMBER AND Astrologer WHICH WOULD RESULT IN A GREATER PAYMENT TO THE Astrologer.
WILL NOT SHARE ACCESS TO THE ASTROLOGER MANAGEMENT PLATFORM WITH ANYONE ELSE. WILL NOT DISCLOSE TERMS AND CONDITIONS BETWEEN Nakshatra AND THE ASTROLOGER TO A THIRD PARTY OR TO A MEMBER OF Nakshatra.
ANY DISCLOSURE WILL BE DEEMED TO BE A VIOLATION OF CONFIDENTIALITY, AND CAN RESULT IN AN ASTROLOGER BEING ASKED TO LEAVE THE PLATFORM.
The Astrologer acknowledges that Nakshatra merely provides a platform wherein the Astrologers can meet the Members, i.e. customers and therefore agrees that the Sites are being provided for use as is, and therefore, the Astrologer will not have any plea, claim, or demand vis a vis Nakshatra.
Further, the use of Nakshatra and/or the Sites by the Astrologer is voluntary and completely at the Astrologer’s sole and entire risk, without any warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility etc.
WILL NOT BE DISCLOSED AND WILL USE HIS/HER BEST EFFORTS TO GUARD MEMBER’S PRIVACY.
Without derogating from the above or any other term of this Agreement, Nakshatra may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Astrologer and/or remove any content violating this Agreement. The decision taken by Nakshatra shall be final in this regard.
The Astrologer will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or Nakshatra’s services, including reliance on its accuracy, reliability or legality.
THE Astrologer SHALL NOT DISOBEY OR COMMIT A BREACH OF THIS AGREEMENT OR ANY OTHER AGREEMENTS OR INSTRUCTIONS CONVEYED BY Nakshatra.
FAILURE TO COMPLY OR A BREACH OF THE ABOVE, WILL ENTITLE Nakshatra, WITHOUT INTIMATING THE Astrologer, TO IMMEDIATELY BLACKLIST THE ASTROLOGER ON ITS ROLLS, SUSPEND THE Astrologer’S ACCOUNT ON THE SITES AND THEREFORE, RESTRICT TRAFFIC TO IT, WITHHOLD OUTSTANDING PAYMENTS DUE TO THE ASTROLOGER AND EVEN, PERMANENTLY EJECT THE ASTROLOGER FROM THE ASTROLOGER PLATFORM.
With respect to the pay out cycle, the Astrologer agrees that for any payment from Nakshatra, a minimum of Rs. 1000 should be payable to the Astrologer, in which case, such payment shall be made on a month to month basis.
In the event, at the end of the month the amount outstanding to the Astrologer has not reached Rs. 1000, then the Astrologer shall not be entitled to the payment in that month, and the same shall be carried forward to the next month’s calculations. Payment will be calculated on monthly basis and released by the first week of next month subject to TDS.
Nakshatra’s billing system is not error-free, and Nakshatra shall not be liable for any problems, miscalculations or malfunctions in processing Astrologer Fees or other payments due to the Astrologer.
If the Astrologer thinks that a mistake has occurred he or she must send his/her complaint to Nakshatra within 30 days of discovery of such mistake. If for any technical glitch or non technical reason the user has not paid the Astrologer Fee or has paid but has later charged back such payment, no Astrologer Fees will be paid to the Astrologer for that transaction and if the money has already been sent to the Astrologer, Astrologer is required to repay this amount to Nakshatra, and Nakshatra has the right to deduct this amount from the Astrologer’s account or from the following payments to be made from Nakshatra to Astrologer. Any Astrologer advice that is disputed, and remains unresolved, will be withheld for a reasonable amount of time till the problem is resolved.
Nakshatra will have the final say with regards to disputes in this regard. In case of money back guarantee, Nakshatra reserves the right to provide a refund to a customer if they ask for it, and no prior permission will be taken from the astrologer for the same. The astrologer acknowledges and agrees that calls may be audited for quality purpose at such a time as a member requesting a refund or for the purpose of testing quality.