“Yogi Speaks” is managed by “Yogi Speaks OPC PVT LTD.” aggregator & Service provider. It acts as a site link between Online Customers and reputed (Occult Science Specialist or as mentioned in the registration form) registered with “Yogi Speaks” for online advice & professional consultation.
1. “Yogi Speaks” provides a platform where any Online Customers may take consultation service or advice on payment from any registered (Occult Science Specialist or as mentioned in the registration form) of “Yogi Speaks”, who is available at that particular time on line. Online Customers are not bound to take advice from anyone (Astro-Vastu Consultants/ Healers/ Yoga Masters/ Counsellors /Meditation & Spiritual Masters) but he can choose the (Astro-Vastu Consultants/ Healers/ Yoga Masters/ Counsellors /Meditation & Spiritual Masters) of his choice among those registered with “Yogi Speaks”. He can take advice from any number of Astro-Vastu Consultants/ Healers/ Yoga Masters/ Counsellors /Meditation & Spiritual Masters.
2. “Yogi Speaks” provide (Occult Science Specialist or as mentioned in the registration form) services to any Online Customers after exercising reasonable standard of care for his professional standards. But “Yogi Speaks” is site link for (Occult Science Specialist or as mentioned in the registration form) and payment platform and is not responsible for any advice given by an (Occult Science Specialist or as mentioned in the registration form) to its Online Customers. “Yogi Speaks” will also not responsible if opinion of two (Occult Science Specialist or as mentioned in the registration form) differ.
3. The Consultant who is interested must be 25 years old and is having a recognized degree or diploma in the subject or who is practicing as (Astro-Vastu Consultants/ Healers/ Yoga Masters/ Counsellors /Meditation & Spiritual Masters) for the last 5 years and having command in the said subject for which certificate/diploma/ degree is necessary, can register as (Occult Science Specialist or as mentioned in the registration form)
4. The Consultant will provide correct information in the registration form regarding their qualification experience and their background. Consultant agree to maintain Counselling services at the fair price guaranteed by Yogi Speaks to its customers. Consultant agree not to sign up with any other portal with similar services as Yogi Speaks on similar price or any price lower than the price at Yogi Speaks.
5. Consultant will not perform service or offer advice in any other jurisdiction other than (Occult Science Specialist or as mentioned in the registration form) like Predicting gender of the unborn child. Predictions relating to gambling, money-laundering, drug abuse etc. Consultant will not do any Prediction with regard to achieving success through illegal means to their Clients.
6. Consultant will not diagnose, treat, test, recommend a course of treatment or otherwise provide or perform service that require in person physical examination of Online Customers or advise to substitute advice of a physician / medical practitioner, neither will provide Prediction with regard to any criminal offence being planned by the customer. Any legal or medical advice which only a licensed professional can give.
7. Consultant will not mislead an Online Customers that Consultant provide services which is outside the (Occult Science Specialist or as mentioned in the registration form) scope of work; neither shall share any personal information 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.]
8. Consultant will not stalk, threaten or harass any Online Customers or attempt to infringe upon their privacy & will not transmit through the site any unlawful, harassing, libellous, privacy violation, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind.
9. Consultant will not violate any law, statute, court order, where local, national or international and act as per law prevailing at that time. The system at Yogi Speaks is built to track the profiles made by Consultant with any other portal on lower price, while on the Yogi Speaks such action will lead to lowering Consultant price quoted on the website without seeking any approval from Consultant.
10. Consultant will not attempt to contact the Online Customers or encourage any payment from Online Customers which is not through “Yogi Speaks” platform / site. Consultant will not accept any off-line payment from Online Customers & will not intentionally increase the consulting time with Online Customers for greater payment. Consultant will not charge in excess than the pricing norms fixed by the management of “Yogi Speaks”.
11. Consultant will not do anything which may undermine disrupt the site or service or network or manipulate the integrity of “Yogi Speaks”. You are advised not to disclose the terms and condition of payment settled between Consultant and “Yogi Speaks” management & strictly prohibit yourself by not converting any Online Customers of “Yogi Speaks”.
12. “Yogi Speaks” will create and open an account in Consultant’s name and Consultant will be asked to provide a user name and password. Consultant will be responsible for maintaining the confidentiality of the Profile. Consultant will be fully responsible for all activity in his/her personal account. It is advisable to change Profile password once in three months. “Yogi Speaks” will not be responsible for any loss that Consultant incur as a result of someone else using your account or user name or password but Consultant will be liable if losses incur to “Yogi Speaks” by someone using your account or pass word.
13. Consultant’s profile including profile photo is the property of Yogi Speaks. To remove it or to retain is the sole decision of the YOGI SPEAKS management. If Consultant want to end association with Yogi Speaks Consultant can put the request to the YS Management but can't force Yogi Speaks management to remove Consultant’s profile. It is sole discretion of YS management. In case “Yogi Speaks” finds that Consultant have violated the above terms and conditions the “Yogi Speaks” can terminate the contract and black list the said Consultant without notice and will ask to leave the platform or block the profile from the platform of “Yogi Speaks” with immediate effect.
14. Payment by “Yogi Speaks” will be per Online Customers advice taken from Consultant basis. “Yogi Speaks” will take payment from the Online Customers and after deducting statutory dues such as TDS / GST if applicable will make payment to (Occult Science Specialist or as mentioned in the registration form) , at the rate mutually agreed, by fund transfer in their account. The payment shall be made when the total amount due to (Occult Science Specialist or as mentioned in the registration form) exceeds Rs.10000/- or after every 15 days, whichever is applies first and so on & so forth. Payment made to (Occult Science Specialist or as mentioned in the registration form) will be as per terms agreed by the (Occult Science Specialist or as mentioned in the registration form) and “YS” management.
15. (Occult Science Specialist or as mentioned in the registration form) will not be entitled for any benefit whether monetary or otherwise from “Yogi Speaks” other than their share on advice given to Online Customers. “Yogi Speaks” also does not guarantee the numbers of Online Customers who will seek advice from any particular (Occult Science Specialist or as mentioned in the registration form) in a month.
16. Consultant agree to indemnify and hold “Yogi Speaks”, its parent company, subsidiaries, directors, affiliates, officers, agent and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fee and by any third party due to or arising out of Consultant’s use of the platform in violation of this agreement and arising from a breach of any of the terms of this agreement or any breach of Consultant’s representations and warranties set forth above.
17. The use of the “Yogi Speaks” site by Online Customers and (Occult Science Specialist or as mentioned in the registration form) is at their sole risk. “Yogi Speaks” expressly disclaims all warranties expressed or implied of any kind of the law and advice given by (Occult Science Specialist or as mentioned in the registration form) to the Online Customers or vice-versa.
REFUND AND CANCELLATION
(a) You agree that any service rendered by (Occult Science Specialist or as mentioned in the registration form) 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 Yogi Speaks 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. (Occult Science Specialist or as mentioned in the registration form) and Yogi Speaks.
(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 (Occult Science Specialist or as mentioned in the registration form) 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.
a. (Occult Science Specialist or as mentioned in the registration form) 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
> The use of the platform by you,
> Any unauthorised use and violation of the profile created and managed by (Occult Science Specialist or as mentioned in the registration form) 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.
a. These Terms, and, any disputes arising out of the present Terms shall be governed by the laws applicable as per the jurisdiction of Kolkata High Court.
b. The Courts situated at Kolkata shall have exclusive jurisdiction to entertain and decide any dispute arising between the parties under these Terms.
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 Conciliation.
b. The Award passed by the Arbitrator shall be final and binding on both the parties.
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 unenforceable, 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 unenforceable.
Yogi Speaks shall be the sole owner of and retain all ownership rights to all content generated and displayed on the Yogi Speaks Platform including copies of data transferred or received between the users (customers) of the platform and the (Occult Science Specialist or as mentioned in the registration form). This section shall survive expiration or termination of this Agreement
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.
MODIFICATION OF TERMS AND CONDITIONS
Yogi Speaks will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website www.yogispeaks.co.in. You will receive notice if modifications to the Agreement are made. Yogi Speaks will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.