This Agreement constitutes the Terms and Conditions and is a legal agreement ("Agreement") between the Astrologer and Sitare in connection with access to and/or use of the platform for providing online advice/services on the Sitare App. The Sitare App is currently owned and operated by Sitare Pvt. Ltd. This Agreement sets forth and contains the terms and conditions between you, the Astrologer, and Sitare. By using any part of the Sitare App, you agree to be bound by this Agreement. When you sign in as an Astrologer, you are directly contracting with Sitare Pvt. Ltd. By clicking on the "I AGREE" button, you signify that you have read the Terms of Service carefully and agree to be bound by them once your selection as an Astrologer Advisory is completed with Sitare
1. Registration and Eligibility
By utilizing the Expert Platform, you affirm that you are at least
18 years old or an entity recognized by law and that are
authorized to submit an Astrologer registration form, or that you
are authorized to represent the person who is submitting an
Astrologer Registration Form, and that you are authorized to
sign the Astrologer Registration Form on behalf of yourself or
on behalf of the person that you represent and bind him or her
2. Obligations
You agree to provide true and accurate information regarding
your astrology qualifications, expertise, skills, degrees, and
background. You will maintain and update all such information
during the term of this Agreement to ensure it remains accurate.
You will not offer services where you are not authorized,
qualified, or licensed, or which are outside your expertise. You
will not mislead Users into believing that you can provide
services outside your expertise or for which you are not
licensed
You will not advise any remedy, treatment, or test that requires an in-person physical examination of a User. You will not transmit or communicate through the App any content that is unlawful, bullying, defamatory, privacyviolative, insulting, intimidating, derogatory, vulgar, indecent, racist, destructive, or otherwise offensive. You will not stalk, intimidate, or harass any User or infringe upon or attempt to violate their privacy. You will not exchange any personal contact information with any User for any purpose, including making offline payments or arranging inperson meetings. If you contact the User outside the Sitare platform or engage in any conversations with the customer online or offline whom you have acquired through Sitare, even if initiated by the User, you will be liable to pay a penalty of Rs. [________]/- and the entire amount earned by you from that User offline
You will not attempt to fraudulently increase talk/chat time with a User, which would result in greater payment to you. You will not advise on matters relating to gambling. You will not engage in any act that results in intellectual property violations, the spread of viruses, malicious software, or any other illegal or immoral acts. You will abide by the payment and pricing guidelines established by Sitare.
The management reserves the right to terminate your services at any time without notice or payment of any compensation and without assigning any reasons whatsoever. You hereby undertake not to upload, publish, email, send, or disseminate any content on or through Sitare that is illegal, detrimental, menacing, abusive, harassing, tortuous, slanderous, indecent, obscene, defamatory, invasive of someone else's privacy, hateful, or exhibits racial, ethnic, or any other form of objectionable characteristics.
You affirm that you will be solely responsible for any prohibited services conducted by you through Sitare, including but not limited to Puja, Spells, and Remedies. Sitare, its affiliates, and their respective officers, directors, shareholders, employees, subcontractors, and agents will not be liable for these services. Misuse of any information or indirectly sharing any personal information with the customer shall attract a penalty of Rs. [________]/-. Astrologers shall be under an obligation to treat all Members approaching through Sitare in a cordial and respectful manner. The use of any kind of offensive language, threats, or any form of unprofessional conduct is strictly prohibited.
Any violation of this clause shall result in the deactivation of the Astrologer's profile on Sitare and shall attract a penalty of Rs. __________/- (Rupees __________ only). This penalty must be paid within three (3) days of notification. If the penalty mentioned above is not paid within the stipulated three (3) days, an additional penalty of Rs. ________/- (Rupees ________ only) per day will be imposed on the Astrologer for each day of delay until the full payment is made
Astrologers are required to maintain proper decorum and respond to all questions from Members in a peaceful and professional manner. Astrologers agree not to disclose or upload any personal information provided by Members, nor to display or share the reason or purpose of the advice sought from the Astrologer by the Member on any internet platform or any other medium. Any complaint received regarding a breach of confidentiality or misconduct as described above shall lead to the immediate deactivation of the Astrologer's profile on Sitare without any prior warning.
3. Prohibited Predictions:
The Astrologer agrees to refrain from advising any Member on
the following matters, recognizing that this list is not exhaustive
and includes, but is not limited to, any other situations that
could lead to an offence being committed by the Member based
on the advice provided by the Astrologer:
The Astrologer shall not provide any predictions regarding the
gender of an unborn child.
The Astrologer shall not provide any predictions or advice
relating to gambling, money-laundering, drug abuse, or any
other illegal activities.
The Astrologer shall not provide any predictions or advice that
suggest or imply achieving success through illegal means.
The Astrologer shall not provide any specific date or time
predictions for medical procedures or operations.
The Astrologer shall not provide any predictions or advice
regarding the planning or execution of any criminal offence by
the Member
The Astrologer shall not provide any predictions regarding the
death of any individual for any reason, including but not limited
to accidental, medical, or other causes.
Sitare reserves its right to take appropriate action under the law
against violation of this clause which shall include the penalty
of Rs. ________/- along with immediate profile deactivation. It
is agreed between the parties that once the profile is deactivated
under this clause, Astrologer shall be black-listed for the future
from making or contracting with Sitare in any manner
whatsoever.
4. Limitation of Liability
The Astrologers acknowledges and agrees that Sitare Pvt. Ltd.,
its affiliates, and any of the respective officers, directors, subcontractors, shareholders, agents, employees or representatives
(collectively, “Sitare Pvt. Ltd.”) shall not be liable to the
Astrologers or any third party for any incidental, indirect,
special, consequential, punitive or exemplary damages,
including but not limited to, loss of business, profits, revenue,
data, use or other economic benefits, arising out of or in
connection with this Agreement, the performance of the
services hereunder, or any other activities related to this
Agreement, whether in contract, tort including negligence, strict
liability, or otherwise, even if such damages were foreseeable or
the Sitare were advised of the possibility of such damages.
The Astrologers further acknowledge, understands and agrees that Sitare Pvt. Ltd., denies any claims or liability arising from any action or suit brought by an expert in connection with service payments by the Members or Astrologers. The Astrologers agrees to indemnify, defend, compensate and hold harmless Sitare Pvt. Ltd., its affiliates, and any of the respective officers, directors, sub-contractors, shareholders, agents, employees or representatives against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney fees and cost, arising out of or any way connected to any such claims
The exclusions and limitations set forth herein shall apply to the maximum extent permitted by the agreement, regardless of the form of action, whether in contract, tort including negligence, strict liability, or otherwise and notwithstanding the failure of the essential purpose of any negligence or remedy.
5. Pricing:
The standard pricing for the Astrologer services shall be
determined and finalized at the time of onboarding by the
Astrologer.
It is agreed between the parties that, for the services provided
exclusively through Sitare, the amount paid by the members for
consultations and services shall be divided as follows:
i. Sitare shall retain 50% of the same amount paid by the
members
ii. The Astrologers shall receive the remaining 50% of the
amount, subject to any other deductions.
Some of the services provided by Sitare are available for fixed
durations. The period of usage for fixed duration services may
range from one (1) month to several months.
6. Intellectual Property
Sitare Pvt. Ltd. ("Sitare") owns and retains all intellectual
property rights of the Sitare App, including but not limited to
copyrighted material, trademarks, and other proprietary
information.
Sitare retains an exclusive license to all contents added and
uploaded by you on the Sitare App.
The Astrologer acknowledges and agrees not to copy, publish, transmit, distribute, or sell any proprietary information from the Sitare App without obtaining prior written consent from Sitare. Opinions, statements, or content made available through the Sitare App by the Astrologer are solely those of the Astrologer and should not necessarily be relied upon by users. The Astrologer is solely responsible for the content they post on the Sitare App. Sitare does not guarantee the accuracy, completeness, or usefulness of such information. Sitare does not endorse or accept responsibility for any opinions, content, statements, or comments made by Astrologers that appear on the Sitare App
Under no circumstances will Sitare Pvt. Ltd. or its affiliates be responsible for any loss or damage resulting from the content posted or transmitted on the Sitare App by any party. Sitare does not authenticate, investigate, or conduct background checks on the information uploaded by users. The Astrologer acknowledges that they will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information of Sitare App without obtaining prior written consent from Sitare
All vested, contingent, and future intellectual property rights in the Sitare App, including but not limited to copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, database rights, and any applications for protection or registration of these rights, and all renewals and extensions thereof existing in any part of the world, whether now known or in the future, shall remain with Sitare
7. Compliance
The Astrologer agrees to comply with all applicable laws,
regulations, and ethical standards while providing astrological
services to Members.
8. Disclaimer of warranty
The Astrologer acknowledges and agrees that the Sitare App, its
sites, and the astrologer platform are provided on an "as is" and
"as available" basis.
As such, the Astrologer will not have any claim or demand
against Sitare Pvt. Ltd., its affiliates, or any of their officers,
directors, shareholders, employees, sub-contractors,
representatives, or agents (collectively, "Sitare Parties") with
respect to the sites, the astrologer platform, or any user.
The use of the sites and the astrologer platform is at the
Astrologer’s sole risk.
To the fullest extent permitted by law, Sitare expressly
disclaims all warranties of any kind, whether express or
implied, including but not limited to, warranties of
merchantability, fitness for a particular purpose, noninfringement, security, and accuracy.
9. Indemnification
The Astrologer agrees to defend, indemnify, and hold harml
9. Indemnification
The Astrologer agrees to defend, indemnify, and hold harmless
Sitare Pvt. Ltd. ("Sitare"), its officers, directors, sub-contractors,
shareholders, agents, employees, and representatives
(collectively, "Indemnified Parties") from and against any and
all claims, damages, liabilities, actions, proceedings, demands,
and expenses (including reasonable attorney's fees and costs)
made by any third party, including statutory authorities, which
Sitare may incur or suffer in connection with any proceeding
arising out of:
i. The use of the platform by the Astrologer.
ii. Any unauthorized use or violation of the profile created and
managed by the Astrologer on the Sitare App or Website.
iii. Any prediction or advice given by the Astrologer.
iv. Any acts or omissions, negligence, misrepresentation, fraud,
and/or misconduct by the Astrologer.
The Indemnified Parties shall notify the Astrologer (the
"Indemnifying Party") of any claim or proceeding for which
indemnification is sought, promptly and in writing.
The Indemnified Parties shall deliver to the Indemnifying Party
all legal pleadings and other documents reasonably necessary to
indemnify or defend the indemnifiable proceedings.
The Indemnified Parties shall cooperate with the Indemnifying
Party, at the Indemnifying Party’s expense, in defending any
indemnifiable proceeding.
The Indemnifying Party shall have the right to assume the
defense of any indemnifiable proceeding, provided that the
Indemnifying Party notifies the Indemnified Parties of its
intention to do so and demonstrates that it can and will provide
an adequate defense.
The Indemnifying Party shall not settle any indemnifiable
proceeding without the prior written consent of the Indemnified
Parties, which shall not be unreasonably withheld or delayed.
If the Indemnifying Party assumes the defense of any
indemnifiable proceeding, the Indemnified Parties may
participate in such defense at their own expense.
10.Termination
Sitare Pvt. Ltd. ("Sitare") may, at its sole discretion, terminate
this Agreement with immediate effect by providing written
notice to the registered email address of the Astrologer. Upon
such termination, Sitare may remove the Astrologer's profile
from the Sitare App.
The Astrologer may terminate this Agreement by providing
Sitare a written notice at least thirty (30) days prior to the
intended termination date.
During the notice period, the Astrologer shall continue to render
the Services as stipulated in this Agreement without any
deterioration in service quality.
The Astrologer is required to serve the notice period unless
waived by Sitare at its sole discretion.
While serving the notice period, the Astrologer cannot work for
or join any other astrology platform.
The Astrologer must complete ninety (90) login hours during the thirty (30) days' notice period and must not intentionally avoid any call or chat during this period. The Astrologer agrees that any violation of these notice period requirements will result in the forfeiture of all earnings. This includes partial fulfillment of notice days or login hours. No payment will be made to the Astrologer during the notice period until the full and final settlement. The full and final settlement includes the completion of the thirty (30) days' notice period.
Any payments due to the Astrologer will be held until the full and final settlement is completed. The Astrologer agrees not to contact any Sitare Members, regardless of whether the Astrologer had consulted with them during the term of this Agreement. Sitare reserves the right to take legal action for any violation of this clause. The Astrologer acknowledges that Sitare uses the Astrologer's name, pictures, videos, and other information for promotional purposes. The Astrologer understands that such information may be published on multiple pages of the Sitare App and other promotional materials. The Astrologer agrees that it is not practical to remove such promotional content from all locations, and it may continue to be displayed even after the termination of this Agreement
11.Severability
The Parties agree that if any of the provisions of these Terms
shall be held to be illegal, invalid, or unenforceable by a court
of competent jurisdiction, the other remaining provisions of
these Terms shall remain in full force and effect.
On such a clause being declared or determined as unlawful or
unenforceable, the same shall stand removed from these Terms
while the other Clauses shall have no adverse effect in the case
of such clause being declared as unlawful or unenforceable.
12.Modification of Terms
Sitare 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," "Prohibited Predictions," etc., at its sole
discretion. Any such changes shall be effective immediately
upon the posting of revised Terms and Conditions and may or
may not be separately notified via email. Astrologers can
determine when these Terms were last revised by referring to
the 'Last Updated' date at the top of these Terms.
By signing onto the application and agreeing to the "Terms and Conditions" anytime after the "Last Updated" date, the Astrologer shall be deemed to have accepted the Terms herein, including the amended Terms published from time to time. Continued use of the App following the posting of changes constitutes acceptance and agreement to the changes. If the Astrologer does not agree with any such change, their sole and exclusive remedy is to terminate the use of the Application.
13.Dispute Resolution
a. Any dispute arising out of this Terms and the App 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.
14.Governing Law and Jurisdiction
The terms and conditions of this Agreement shall at all times be
construed in accordance with Act and Regulations and
applicable laws of India there under as amended from time to
time.
All legal disputes are subject to the exclusive jurisdiction of
courts in Mumbai only
14.Governing Law and Jurisdiction
The terms and conditions of this Agreement shall at all times be
construed in accordance with Act and Regulations and
applicable laws of India there under as amended from time to
time.
All legal disputes are subject to the exclusive jurisdiction of
courts in Mumbai only.
15.Entire Agreement
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes
all prior agreements, understandings, and representation.