This document is an electronic record in terms of the Information Technology Act, 2000, and the provisions pertaining to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these Pandit Terms and Conditions (“Pandit T&C”) for using the CallMyAstro Partner Platform for providing consultancy to clients relating to astrological services. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE PANDIT PARTNER T&C BEFORE YOU USE THE SERVICE OF THE CALLMYASTRO PARTNER PLATFORM, AS YOU SHALL BE BOUND BY ALL THE TERMS OF THE PANDIT T&C CONTAINED HEREIN upon clicking on the “I ACCEPT” button. If You do not accept any of the Pandit T&C, please do not use the Pandit Partner Platform or avail of any of the services provided therein. YOUR AGREEMENT TO THE PANDIT PARTNER T&C SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND CALLMYASTRO IN RESPECT OF THE SERVICES OF THE CALLMYASTRO PLATFORM.

 

Your engagement with CallMyAstro to use the services of providing astrological consultancy and remedies regarding customer requirements on our Platform is subject to your acceptance of these T&C. CallMyAstro reserves the right, at its sole discretion, to change, modify, add or remove these T&C, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the T&C periodically for changes. Your continued use of the CallMyAstro Platform following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these T&C, CallMyAstro grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the CallMyAstro Platform.

 

  1. DEFINITIONS

 

“Acceptance” means your affirmative action of clicking on the box against the words “I Accept” provided at the end of these T&C, by which action, you unequivocally accept the T&C and any modifications thereof.

 

“Agreement” shall mean the Astrological Consultancy Service Agreement executed between CallMyAstro and the Pandit pursuant to which the Pandit has agreed to provide Astrological Services.

 

“Applicable Law” shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy, or other pronouncement having the effect of law in Delhi, India, as in effect or which may come into effect on a future date.

 

“Pandit Partner” or “You” or “Your” or “Yourself” shall mean an individual who has executed the Agreement for the provision of Astrological Services.

 

  1. APPLICABILITY OF PANDIT PARTNER T&C

 

These T&C, together with the Agreement, shall form the complete understanding between the Parties. By accepting these T&C, You acknowledge and agree to the Pandit T&C and CallMyAstro policies that CallMyAstro makes applicable to You from time to time, to the fullest extent possible. Unless defined herein, the words, phrases, and capitalized terms contained or referred to in these T&C shall be construed as having the meaning attributed to them in the Agreement.

 

  1. SERVICE AND CHARGES

 

  1. Subject to the terms and conditions contained in these T&C and the Agreement, the Pandit agrees to make himself available on the CallMyAstro Platform to undertake Services as and when a request for the same is placed by a User through the CallMyAstro Platform and to provide Services to the Users to the best of his abilities.
  2. The Pandit shall create a log-in ID on the CallMyAstro Platform to be able to render Services. The Pandit acknowledges that the sign-in details, including the username and password, are confidential and, accordingly, shall not share them with any third party without written approval from CallMyAstro.
  3. The Pandit shall have access to the CallMyAstro Partner Platform at all times unless there is a technical glitch or if the CallMyAstro Partner Platform is being updated. Once logged in, the Pandit shall remain available for a minimum of [specify hours] hour(s) and shall be able to connect with the Users for the purpose of providing consultancy and undertaking e-puja Services in connection with the same.
  4. The Pandit confirms and acknowledges that by logging in on the CallMyAstro Platform
  5. , he agrees to access the user Kundli or all the relevant data required for providing consultation through the CallMyAstro application.
  6. The Pandit acknowledges that he cannot solicit any of the users for direct consultation and cannot use any banners, boards, or printed material in their background that solicits the users.
  7. In consideration of the services provided by the Pandit to the user, the Pandit must ensure clarity so that the user can understand the consultation provided.
  8. The Pandit hereby absolutely, unconditionally, and irrevocably authorizes CallMyAstro to provide consultancy to the user to the best of his knowledge.
  9. You shall not charge the Users any amount over and above the amount of the charges mentioned on the CallMyAstro website. You hereby agree to this between You and CallMyAstro under these T&C.
  10. You hereby authorize CallMyAstro to collect from the Users, on your behalf, the Consultation amount charged by You to the Users for undertaking Services, which shall be remitted to you on a monthly basis through [specify payment mode] and on such day(s) of the week as CallMyAstro may from time to time decide.

 

  1. OBLIGATIONS OF PANDIT

 

  1. The Pandit makes himself/herself available to undertake Services as and when a request for the same is placed by a User through the CallMyAstro Platform.
  2. The Pandit shall ensure that the profile picture is clear with a plain background.
  3. The Pandit shall hold and possess relevant experience and knowledge about astrology, vastu, numerology, etc.
  4. During the course of undertaking Services, the Pandit shall conduct himself with honesty, discipline, and in accordance with the policies and instructions of CallMyAstro, whether presently in force or adopted in the future.
  5. The Pandit shall not commit any fraud while providing Services or otherwise commit any act or omission to gain any undue advantage. The Pandit agrees and acknowledges that if CallMyAstro believes that the Pandit has committed any of the foregoing while undertaking Services, CallMyAstro shall, in addition to its right to terminate the Agreement and these T&C, in its sole discretion reserve the right to (a) disable the Pandit from undertaking Services through the CallMyAstro Platform for such time as it deems fit.

 

  1. PANDIT INFORMATION

 

  1. CallMyAstro may collect Pandit Information at the time of execution of these T&C or at any time thereafter, to establish the identity of the Pandit. CallMyAstro reserves the right to store, process, access, and use the Pandit Information for business purposes and needs, background check, verification, marketing, service development, analytics, research, and any other purpose as CallMyAstro may deem fit and in accordance with Applicable Law. The Pandit hereby expressly consents to such collection and use of Pandit Information.
  2. Subject to Applicable Law, CallMyAstro may provide to a third party, governmental agency, or judicial body any Pandit Information relating to Services if there is a complaint, dispute, or conflict.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

  1. The Parties hereby agree that all Intellectual Property Rights shall be in the absolute ownership, possession, and control of CallMyAstro, and the Pandit is only permitted to use such Intellectual Property Rights in connection with Services rendered under these T&C as specifically permitted by CallMyAstro. The Parties clarify that no license or rights are granted in the Intellectual Property Rights to the Pandit under these T&C, by implication or otherwise.
  2. Notwithstanding anything contained in these T&C, if the Pandit uses the Intellectual Property Rights in such a manner as to license, sublicense, create derivative Intellectual Property Rights, or use them otherwise not in connection with Services rendered under these T&C, the same shall constitute a breach of these T&C, and CallMyAstro reserves its rights to resort to legal proceedings against the Pandit for recovering damages and losses suffered or likely to be suffered.

 

  1. REPRESENTATIONS AND WARRANTIES

 

  1. The Pandit represents and warrants as follows:
  • All Pandit Information provided shall be true and correct, and no information that could impact the Pandit’s performance to render Services pursuant to these T&C shall be hidden from CallMyAstro at any time during the subsistence of these T&C.
  • The Pandit has not been convicted by any court in India or any other country of any crimes, including but not limited to those involving moral turpitude. Further, the Pandit is not a party to any pending litigation that shall materially affect their obligations under these T&C.
  1. CallMyAstro hereby represents and warrants as follows:
  • It is fully capable of executing these T&C and the Pandit Service Agreements and has the necessary authority.
  • It shall not exercise operational supervision over the activities of the Pandit, as they are free to determine how to render Services, provided CallMyAstro’s reputation and goodwill are not damaged.

 

  1. TERMINATION

 

  1. CallMyAstro reserves the right to terminate these Pandit T&C and/or the Agreement and deny the Pandit access to the CallMyAstro Partner Platform at any time for any reason.
  2. Without prejudice to the generality of the foregoing clause, CallMyAstro reserves the right to terminate these T&C and the Agreement with immediate effect for:
  • Any breach of the terms of these T&C or the Agreement by the Pandit;
  • Failure to verify or authenticate Pandit Information;
  • Any action or omission by the Pandit which can cause legal or contractual liability for CallMyAstro, including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
    1. CallMyAstro is also at liberty to terminate the contract at their discretion if they believe the continuance of the services of the Pandit is detrimental to the business interests of CallMyAstro due to acts such as:
  • Misbehaviour, rude behaviour with CallMyAstro staff, Users, or any associated persons;
  • Acts involving criminal offenses punishable under law, including physical assault, threatening CallMyAstro staff, persons associated with CallMyAstro, and others;
  • Concealment of fact/material information while entering into a contract with CallMyAstro;
  • Poor and irregular attendance for work, meetings, and failure to abide by the rules/terms of the contract;
  • Poor performance for two consecutive weeks, including daily productivity, login hours, idle hours, number of user consultancies, and quality standards;
  • Commission of fraud/misappropriation/embezzlement for undue monetary gain against CallMyAstro’s interests;
  • Negligence in performing duty, causing damage to movable and immovable assets of CallMyAstro, its employees, and Users;
  • Indulging in spreading detrimental content through digital media, social networking sites, or any other form;
  • Indulging in acts such as creating ruckus/strike/ or any activity against CallMyAstro, detrimental to its brand and image.

 

  1. COMPLIANCE WITH APPLICABLE LAW

 

The Pandit agrees and consents to comply with all Applicable Laws at all times while providing the Services and while accessing the CallMyAstro Partner Platform.

 

  1. AMENDMENT

 

CallMyAstro reserves the right to change, modify, reinstate, amend, or delete any terms and conditions contained in these T&C, without prior notice, at any time and in its sole discretion, by posting a change notice or a new agreement on the CallMyAstro Partner Platform. The Pandit shall be responsible for keeping themselves apprised and informed of the revised terms and conditions at all times.

 

  1. RELATIONSHIP OF THE PARTIES

 

The Pandit is an independent business contractor, and this T&C is a principal-to-principal contract. It shall not create any partnership, joint venture, employment, agency, franchise, sales representative, or any vicarious and absolute liability relationship between the parties. It is clarified that neither party shall be liable for any action or omission of the other party in any manner. It is clearly understood and agreed that under these T&C, no relationship of employer and employee exists between CallMyAstro and the Pandit. The Pandit shall not have any claim for permanent employment or employment benefits under any statutes/local laws.

 

  1. INDEMNIFICATION AND LIMITATION OF LIABILITY

 

  1. You agree and undertake to indemnify and hold harmless CallMyAstro, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives, or any third party, from and against any losses, damages, liability, claims, costs, penalties, and expenses (including reasonable attorneys’ fees) incurred by reason of:
    • Any breach or alleged breach by You of your obligations, performance, or observance of your role, functions, responsibilities, representations, or warranties under these T&C and the Agreement;
    • Any violation of CallMyAstro policies;
    • Any act or omission that causes or may cause harm to the reputation and goodwill of CallMyAstro;
    • Any claim of violation of intellectual property by your usage of Intellectual Property Rights in a manner not permitted under the Agreement and these T&C;
    • Your misconduct or unauthorized access or use of User data on the CallMyAstro Partner Platform or unauthorized disclosure or use of Confidential Information of CallMyAstro.
  1. You shall be liable to indemnify and hold CallMyAstro harmless against all damages, losses, costs, and expenses incurred by CallMyAstro as a consequence of any complaint from any User received by CallMyAstro regarding any error or deficiency in the Services.
  2. In addition to the indemnification rights of CallMyAstro under these T&C, CallMyAstro shall also be entitled to such other remedies available under Applicable Law for breach of contract where time is of the essence.
  3. In no event will CallMyAstro be liable for any losses arising from or in connection with these T&C and the Agreement, pursuant to any claim by the Pandit against CallMyAstro under contract, tort, or otherwise, if such losses could have been avoided by the Pandit using reasonable efforts to mitigate them.

 

  1. DISPUTE RESOLUTION

 

  1. These T&C and the Agreement shall be governed by the laws of India.
  2. The courts of Saket, Delhi, shall have exclusive jurisdiction over all disputes arising from these T&C and the Agreement.

 

  1. PENALTY

 

Notwithstanding anything contrary contained in these T&C or the Agreement, CallMyAstro reserves the right to charge You a penalty if You engage in fraudulent activities while providing Services. The penalty may be deducted from the payments made to You by CallMyAstro.

 

  1. MISCELLANEOUS

 

  1. Force Majeure: Neither Party shall have any liability under or be deemed to be in breach of these T&C or the Agreement for any delays or failures in performance of these T&C and the Agreement which result from circumstances beyond the reasonable control of that Party, such as acts of God, fire, earthquake, tempest, flood, lighting, violence of any army or mob or enemies of the country.
  2. Assignment: No rights or liabilities under these T&C and the Agreement can be assigned by any of the Parties hereto without the prior written consent of the other Party.
  3. Entire Agreement: These T&C, along with the Agreement, supersede all prior discussions and agreements (whether oral or written) between the Parties with respect to the subject matter of these T&C and the Agreement.
  4. Term: These T&C and the Agreement shall, unless specifically terminated in accordance with the provisions contained herein, be valid and effective from the date of execution of the Agreement until such time that the Pandit continues to remain enlisted with the CallMyAstro Partner Platform.
  5. Waiver: No waiver of any part of these T&C and the Agreement or consent to any departure from it by any Party shall be effective unless it is in writing. A waiver or consent shall be effective only for the purpose for which it is given. No default or delay on the part of any Party in exercising any rights, powers, or privileges operates as a waiver of any right, nor does a single or partial exercise of a right exclude others.
  6. Severance: Any provision of these T&C and the Agreement which is invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without affecting the validity, legality, and enforceability of the remaining provisions hereof.

 

  1. CONFIDENTIALITY

 

Other than for the provision of Services by the Pandit, the Pandit does not share any other information with third parties unless requisitioned by (i) government authorities or (ii) whether orally or in writing (via email, SMS, etc.) for any purpose whatsoever, including but not limited to availing loans from financial institutions, filing of tax returns, etc.

 

  1. DATA PRIVACY AND SECURITY

 

  1. The Pandit shall comply with all applicable data privacy laws, including the General Data Protection Regulation (GDPR) for any international clients.
  2. The Pandit shall handle user data with the highest confidentiality and security measures and shall not disclose any user data to any unauthorized third party.

 

  1. QUALITY ASSURANCE

 

  1. The Pandit agrees to maintain a high standard of service and conduct regular self-assessments or participate in assessments by CallMyAstro.
  2. CallMyAstro reserves the right to monitor and review the quality of the services provided by the Pandit and to take appropriate action, including termination, in case of non-compliance with quality standards.

 

  1. INSURANCE AND LIABILITY

 

  1. The Pandit shall maintain appropriate insurance coverage, if applicable, protecting against potential liabilities arising from their services.
  2. The Pandit agrees to provide proof of such insurance coverage to CallMyAstro upon request.

 

  1. FEEDBACK AND IMPROVEMENT

 

  1. Users may rate their consultations, and the Pandit shall have access to constructive feedback to improve their services.
  2. CallMyAstro may use this feedback to assess the performance of the Pandit and to make necessary adjustments to improve service quality.

 

  1. NON-COMPETE CLAUSE

 

  1. The Pandit shall not engage in any competing services for a specified period after termination of the agreement, as agreed upon in the Agreement.
  2. The Pandit shall not solicit CallMyAstro’s clients for any personal or competing services during the term of this Agreement and for [specify duration] after termination.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

  1. The Pandit agrees that any materials or content provided by CallMyAstro for consultations are to be used solely for the purpose of providing services on the CallMyAstro platform.
  2. The Pandit shall not reproduce, distribute, or use these materials for any other purpose without the prior written consent of CallMyAstro.