DKSCORE

AGREEMENT OF TERMS AND CONDITIONS This agreement of terms and conditions is entered between the Astrologer who sign up to become an Astrologer / Advisor (“You”) on the “DKSCORE” platform. When you sign in as an Astrologer/ Advisor, you are directly contracting with “DKSCORE Pvt. Ltd.” services by showing your acceptance after clicking on the “I AGREE” button which signifies that you have read the Terms and Conditions of the Services carefully and are bound by the same once your selection as an Astrologer Advisory is completed with DKSCORE. DKSCORE Pvt. Ltd (“us” “We”, or “DKSCORE” which also includes its affiliates) is the author and publisher of the internet resource DKSCORE.com and is inclusive but not limited to the application “DKSCORE”. ‘DKSCORE.com’ (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 DKSCORE. b. DKSCORE 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 DKSCORE, 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 DKSCORE. You are prohibited to use the same profile picture once uploaded on DKSCORE, 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 by the compliance team at DKSCORE. By creating a profile on DKSCORE, you automatically grant to DKSCORE 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 may use your real name/Full name/alias name to any customer being assigned to you for consultation or any customer directly joins DKSCORE by your reference. You shall be using only the display name used on DKSCORE for any communication taking place at the platform either in the form of phone consultation, review, comments etc. iii. You declare and affirm that any information provided by You to DKSCORE 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, your profile shall be deactivated immediately without any information to you and appropriate legal action will be taken against you. e. By signing up with DKSCORE, you agree that you shall not use DKSCORE platform and analytics provided to any competitor platform imparting similar services over the internet.. You may use the display name and profile picture of your DKSCORE profile on your personal social media handles and website or anywhere on the internet and may provide the link on DKSCORE. f. By signing up with DKSCORE, you agree that you shall not open a similar platform / analytics. You are prohibited to use the tag of DKSCORE to lure the customers advised through the platform DKSCORE. g. By signing up with DKSCORE 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 and conditions, DKSCORE shall have the right to display your profile on DKSCORE for a continuous period of 3 (Three) years considering satisfaction of the customer to review his previous consultation with any astrologer. 2. OBLIGATIONS AND PERFORMANCE a. Zero tolerance / Conduct: i. You shall be under obligation to treat the Customer approaching through DKSCORE, in a cordial fashion. Use of any kind of filthy language, imparting threats, etc. shall lead to deactivation of your profile on DKSCORE. The compliance team of DKSCORE will review to re-activate your profile or any other actions would be taken. 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 and proceedings may be initiated as per local laws. 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 DKSCORE. iv. You agree to maintain decorum while replying to any comment posted on DKSCORE 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 DKSCORE 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 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, your account will be deactivated and legal action will be initiated. 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 DKSCORE while using the DKSCORE platform. Any violation of this clause, your account will be deactivated and legal action will be initiated. For investigation, 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 DKSCORE platform (unless approved from concerned team). Any violation of this clause, your account will be deactivated and legal action will be initiated. viii. You are not allowed to share internal policies and information about DKSCORE services with any user/clients. DKSCORE follows strict zero tolerance policies and in case of any violations or misconduct, your account will be deactivated and legal action will be initiated. 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 DKSCORE customer seeking advice. Any violation of this clause, your account will be deactivated and legal action will be initiated. 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 DKSCORE. iv. Mis-use of any information or sharing indirectly any personal information with the customer. Any violation of this clause, your account will be deactivated and legal action will be initiated. v. You agree that DKSCORE may record calls / video calls / Chats between the customer(s) and the Astrologer Advisor for future references and dispute resolutions and DKSCORE will keep this records for at least 3 years and this data will strictly be used for internal purposes. vi. 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 respond on timely manner as per the appointment commitment time based on Service Level Agreement with DKSCORE. Any inconvenience caused to the customer due to unprofessional behaviour and untimely response or not taking phone / video calls agreed with the customer, your payments will be reviewed by the compliance team at DKSCORE. Any violation of this clause, your account will be deactivated and legal action will be initiated. 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 DKSCORE. ii. To avoid any kind of Penalty under this clause, you may get your products verified to be listed in DKSCORE. iii. Listing of products on DKSCORE 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 any clause, DKSCORE shall issue a written as well as verbal warning and your account will be deactivated and further legal action will be initiated. v. If You are found violating any clause of this terms and conditions agreement on receiving complaints from the customer regarding such violation, compliance team of DKSCORE shall flag your profile and if found guilty, the payment made for such consultation to the Astrologer shall be refunded back to the customer. 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 except for the customers joins DKSCORE. ii. You agree to inform the customers approached through DKSCORE to route all its queries through the portal and update the customers 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 DKSCORE platform, you may do so only by sharing the Astrologer’s DKSCORE 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 DKSCORE 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 DKSCORE for any reason inclusive of personal gains. Any violation of this clause, your account will be deactivated and legal action will be initiated.. f. Pure Astrology Services: i. DKSCORE 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. Any violation of this clause, your account will be deactivated and legal action will be initiated. ii. You agree to respect other Astrologers listed on the Website while imparting your services to any user/customer at DKSCORE. 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 your account will be deactivated and legal action will be initiated. g. Misuse of Credentials provided by DKSCORE: i. You agree not to share the credentials received through DKSCORE with anyone inclusive of DKSCORE credentials. The system obtains data from the IP address employed by you while operating the website and on finding violation of the same your account will be deactivated and legal action will be initiated. ii. You agree not to share your personal account details registered with the DKSCORE to the customers directly. 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 your account will be deactivated. iii. You agree not to impersonate any person or entity, including, but not limited to, any other Astrologer registered on DKSCORE, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity or other portals. iv. Any violation of this clause, your account will be deactivated and legal action will be initiated. h. Honest Price Commitment: i. You agree to maintain your services at the fair price agreed with DKSCORE and its customers. You’ll be restricted by the system for setting up vague/ illogical pricing for the reason of not being used as money laundering activities. i. Predictions: i. DKSCORE 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. DKSCORE reserves its right to take appropriate action under the law against violation of clause i(i) and your account will be deactivated. 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 DKSCORE in any manner whatsoever. iii. You agree and declare that if the customer is not satisfied and complains with DKSCORE for services provided by the astrologers were not satisfactory and in case of any wrong analysis made by the astrologer, you will be liable to either refund the customer the full amount or reschedule the appointment for customer satisfaction. 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. DKSCORE reserves right to monitor such conversations and consultations for monitoring purpose with prior approval from You. v. DKSCORE will collect the reviews provided by the customers after the services have been rendered by the astrologers. 3. USAGE OF FEATURES a. 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. c. 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 reverified / re-KYC by the compliance team. d. FEATURE UPDATION: DKSCORE 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 DKSCORE Application. Your continued use of the Website shall signify your acceptance to the updates made. 4. 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. 5. 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. 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 Faridabad, Haryana. 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 Conditions and the Website, shall be settled by resorting to alternate modes of dispute resolution at first instance inclusive of Arbitration, Mediation and Conciliation. b. The Award passed by the Arbitrator shall be final and binding on both the parties. 8. INTELLECTUAL PROPERTY DKSCORE shall be the sole owner of and retain all ownership rights to all content generated and displayed on the DKSCORE 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 9. 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 and Conditions or any of their rights or obligations under this Terms without the other party's written consent. 10. MODIFICATION OF TERMS DKSCORE 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. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. We are using YouTube API, and we are agreeing to be bound by the YouTube Terms of Service, along with the YouTube Terms of Service Last updated on 31.07.2022