Terms of Contract for Consultant
These Terms are entered between the Consultant who signs up to become a Consultant on the Wishtok platform. When you sign in as a consultant, you are directly contracting with CYBRIATECH DIGITAL CONSULTING PRIVATE LIMITED, (a private limited company incorporated in Delhi, India) by showing your acceptance after clicking on the “I AGREE” button which signifies that the Consultant has read the Terms of Service carefully and is bound by the same once your selection as a consultant is completed with Wishtok.
Three Friends Information Technology Consultants LLC (a limited liability company incorporated in Mainland UAE) is the Owner, author, operator and publisher of the internet resource Wishtok.com and is inclusive but not limited to the application / website “Wishtok”.
CYBRIATECH DIGITAL CONSULTING PRIVATE LIMITED provides the services of Consultants on the Wishtok platform under an agreement contracted with Three Friends Information Technology Consultants LLC UAE. Three Friends Information Technology Consultants LLC UAE. and their internet resource Wishtok has no direct relationship with the Consultant. During the contract Wishtok name is used for reference but all terms and conditions are agreed, applicable and executed only between the consultant and CYBRIATECH DIGITAL CONSULTING PRIVATE LIMITEDwithout any relationship or cause of action from the consultant against Three Friends Information Technology Consultants LLC UAE or Wishtok
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 legal Terms (“Terms”) between Consultant and CYBRIATECH DIGITAL CONSULTING PRIVATE LIMITEDand referred for simplicity as Wishtok.
b. Definition of Consultant
You are considered to be a "Consultant" if you have represented that you have a recognised Degree/Diploma/Certificate in the category you are registered as a consultant and register to be a Consultant with the explicit purpose of providing your consultation to the visitors of the Wishtok’s Platform. Your Consultant Registration Form is subject to the approval of Wishtok, once the same is accepted, your profile will be activated by Wishtok. Rejection of a profile may occur due to incomplete forms, due to a particular category or subcategory being closed for registration at a particular time or any other reason that may not have been specifically mentioned here and in no way implies a rejection of the Consultant and his or her qualifications. Consultant is liable for the authenticity of the degree/diploma or certificate submitted by him/her, your registration can be terminated by Wishtok if any of the information is found wrong or misleading.
c. Wishtok 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.
d. The present terms along with any changes brought in the present service terms and conditions duly communicated to consultant in any form shall be binding on both parties.
e. After signing up with Wishtok, the below terms shall follow: -
i. Consultant is required to upload a recent profile picture, as per standards of Wishtok, as your specific identity. The Profile Picture once uploaded cannot be changed without raising a request to Wishtok. Consultant is prohibited to use the same profile picture once uploaded on Wishtok, 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 the deactivation of your profile without any warning issued and a fine of Rs. 51000 by the Compliance team at Wishtok. By creating a profile on Wishtok, the consultant automatically grants to Wishtok an exclusive, royalty-free, perpetual, irrevocable, worldwide licence (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 the 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. Consultant agrees not to disclose your personal identity on the profile. Consultants will be assigned a specific display name associated with the profile picture being uploaded by you. The Display Name used at Wishtok cannot be changed without raising a request with Wishtok. Consultants are prohibited to use the same display name on any other platform or on any other website over the internet.
iii. Consultant is prohibited to publicise your work carried on while providing your services with the above display name and profile picture at Wishtok without seeking prior written permission from Wishtok.
iv. Consultant agrees that he/she shall not use the exact same display name and profile picture for a period of 5 years from the date of termination of this contract/ cessation of your profile/relation with Wishtok.
v. Consultant agrees not to disclose their real name/Full name/alias name or any other personal information such as social media details or contact details to any customer being assigned to Consultant for consultation. Consultant shall be using only the display name provided to Consultant by Wishtok for any communication taking place at the platform either in the form of phone consultation, review, comments etc. Violation of this clause will attract the deactivation of your profile without any warning issued and a fine of INR 50,000 or AED 2,500 by the Compliance team at Wishtok along with removal of green tick from your profile. Company reserves the right to exercise other legal remedies available.
vi. Consultant declares and affirms that any information provided by Consultant to Wishtok and uploaded by Consultant on the Website is true and correct to the best of his/her knowledge and belief and no information provided by the consultant is against the law and illegal. It is agreed between the parties that if any information provided by Consultant is found to be untrue, illegal or wrong, a penalty of INR 50,000 or AED 2,500 shall be imposed and his/her profile shall be deactivated immediately without any information to the consultant and a Legal action may be initiated.
f. By signing up with Wishtok, Consultant agrees that Consultant shall not work/deliver your services on any competitor platform imparting similar services over the internet. Consultant is also prohibited to use a disguised or alias name while trying to deliver their services (similar to the service being delivered at Wishtok) on any competitor platform over the internet. Consultant also agrees not to use the display name and profile picture of your Wishtok profile on your personal social media handles and website or anywhere on the internet. Violation of this clause will attract the deactivation of your profile without any warning issued and including, but not limited to a fine of INR 50,000 or AED 2,500 & earnings of the last month by the Compliance team at Wishtok.
g. By signing up with Wishtok, Consultant agrees that Consultant shall not open a similar platform for a period of 5 years from the cessation of your profile/relation with Wishtok. Consultants are prohibited to use the Tag of Wishtok to lure customers advised through the platform Wishtok. Consultant may however after the termination of all relations with Wishtok, choose to work with a similar platform without using the same display name, profile picture and other specific features as detailed above in this clause.
h. By signing up with Wishtok 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 the termination of the present Terms, Wishtok shall have the right to display your profile on Wishtok for a continuous period of 3 (Three) years if the profile has not been deactivated/removed for violation of any terms and conditions of the present Terms between the parties.
i. Limitation of Liability
i. Consultant expressly understands and agrees that Wishtok, Its affiliates, and any of the foregoing's officers, directors, shareholders, employees, sub-contractors agents etc. shall not be liable to any consultant or any third party for any direct, indirect, incidental, consequential, special, punitive or exemplary damages (including, but not limited to, loss of business, revenue, profits, use, data or other economic advantages). Consultant further expressly understands and agrees that Wishtok disclaims any liability with respect to any claim, suit or action brought by a consultant in connection with payment for services by the user and the consultant agrees to indemnify, defend and hold Wishtok harmless in connection with any such claim made against consultant. The foregoing limitations and exclusions will apply regardless of whether the cause of action arises in contract, in tort or otherwise, notwithstanding the failure of the essential purpose of any remedy or negligence.
ii. In the event, applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to Wishtok will be capped at INR 5,000 or AED 250. This section (limitation of liability) shall survive termination or expiration of this Agreement.
2. OBLIGATIONS AND PERFORMANCE
a. Consultant Affirmation
The Consultant warrants that whenever it provides Consultant services to any user of Wishtok, it shall do so after exercising a reasonable standard of care or standard of care mandated by his or her profession, whichever is higher.
The Consultant agrees that the Consultant:
i. Is at least 18 years of age or an entity recognized by law, and that are authorised to submit an Consultant registration form, or that you are authorised to represent the person (which may include a legal entity) who is submitting an Consultant Registration Form, and that you are authorised to sign the Consultant Registration Form on behalf of yourself or on behalf of the person that you represent and bind him or her.
ii 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.
iii 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 Consultants practise your profession.
iv Will not perform services or offer advice in any jurisdiction where Consultant is not authorised or licensed or in good standing to do so.
v 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 user.
vi will advise Users that your advice is not a substitute for the advice of a physician after a physical examination and that your advice is for informational purposes only.
vii Consultant also affirms that he will be solely responsible for any prohibited services done by him/her through Wishtok including but not limited to any treatments, Puja, Spells, and Remedies. Under no circumstances will Wishtok, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable for these services done by the Consultant.
b. Zero tolerance / Conduct:
i. Consultants shall be under obligation to treat the Customer approaching through Wishtok, in a cordial fashion. Use of any kind of filthy language, imparting threats, etc. shall lead to the deactivation of your profile on Wishtok for a minimum period of Three (3) Days and shall attract a penalty of INR 5,000 or AED 250 for re-activation of your profile. It is further agreed between the parties that the 3 days period can be further extended until the penalty is not paid within 3 days thereafter a penalty of INR 100 or AED 5 per day will be imposed on the consultant until the date of re-activation.
ii. Consultant is required to maintain proper decorum and answer all kinds of questions being sought by the customer in a peaceful and professional manner. Consultant agrees that he will 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 Consultant by the customer. Any complaint received in such a scenario shall lead to the deactivation of your profile without any warning to you. Consultant will be liable to any punitive or other damages invoked against Wishtok by the customer due to breach of confidentiality.
iii. Consultant agrees not to upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable on/through Wishtok.
iv. Consultant agrees to maintain decorum while replying to any comment posted on Wishtok inclusive of any comment or review posted by the customer dealt by you. While maintaining decorum Consultant is prohibited in giving any personal information of the customer and the purpose for which the advice has been sought or any other confidential information revealed to Consultant during his/her conversation/consultation with the customer. Consultant will be liable to any punitive or other damages invoked against Wishtok by the customer due to breach of confidentiality.
v. Consultant agrees not to do any acts which may harm the reputation and interests of Wishtok including, but not limited to posting negative reviews on any social platform, disclosing the 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. Consultant furthermore agrees not to encourage, motivate, or influence any of your friends, family members, customers, acquaintances, or any other person to do the same. Any violation of this clause shall attract a penalty of INR 50,000 or AED 2,500. Further, the Green Tick shall be removed immediately on the violation and the account shall stand deactivated temporarily. For re-activation, the compliance team shall review the case and evidence and on being found guilty, the profile shall be deactivated permanently.
vi. Consultant agrees not to promote any other platform/competitors providing similar services like Wishtok while using the Wishtok platform. Any violation shall attract a penalty of INR 50,000 or AED 2,500. Further, the Green Tick shall be removed immediately on violation and the account shall stand deactivated temporarily. For re-activation, the compliance team shall audit all the chats and calls between the customer(s) and the Consultant Advisor and on found guilty, the profile shall be deactivated permanently.
vii. Consultant agrees not to share sensitive/personal data from your consultations to any user/consultant/internal members of the Wishtok platform (unless approved by the concerned Wishtok team). Any violation shall attract a penalty of INR 50,000 or AED 2,500. Furthermore, the Green tick shall be removed immediately on violation and the account shall stand deactivated temporarily
viii. Consultant is not allowed to share internal policies and information about Wishtok services as well as details of your contract/earnings from Wishtok with any user/consultant/internal members of the Wishtok platform (unless approved by the concerned team) or any other member of the public who may or may not be associated with Wishtok. Consultant may, however, share the details of your earnings with your immediate family members - spouse/parents/children and personal tax consultants/lawyers/income tax practitioners/GST practitioners or any government authority. Wishtok follows strict zero-tolerance policies and in case of any violations or misconduct, a penalty of INR 50,000 or AED 2,500 will be charged to the consultant. Furthermore, the Green tick shall be removed immediately on the violation and the account shall stand deactivated temporarily.
ix. Consultant agrees to treat the customers & employees of Wishtok with dignity and respect. Any such act of misbehaviour, usage of foul or unparliamentary language etc with customers & employees shall immediately attract a penalty of INR 50,000 or AED 2,500. Further, the Green Tick shall be removed immediately on the violation and the account shall stand deactivated temporarily. For re-activation, the compliance team shall review the case and evidence and on being found guilty, the profile shall be deactivated permanently.
x. The consultant acknowledges that he/she will serve the promotional calls in a cordial manner with the same zeal and enthusiasm that he/she would exhibit in any other paid call and treat all customers with respect. Use of any kind of filthy language, intentionally wasting time, demeaning the customer, having more than 10 PO sessions being marked “Not Served Properly” are some of the acts that would invite a strict penalty of INR 5,000 or AED 250 on the consultant. In case of subsequent violation of the same, company can take appropriate action including applying the penalty again and/or deactivating the profile for any time period between 3 days to 3 years depending upon the severity of the offence, as determined by Wishtok.
c. Personal Information:
i. Consultants will 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 Consultants. Such personal information is inclusive of contact number, bank account details, e-mails, websites, personalised page, blogs, and social media profile(S) [inclusive of but not limited to Facebook, Wechat, Whatsapp, Instagram, Telegram, Messenger, SMS etc] with any of the customers seeking advice. Violation of this clause shall attract a penalty of INR 50,000 or AED 2,500. Further, the Green Tick shall be removed immediately on violation and the account shall stand deactivated temporarily.
ii. Consultant is not permitted to charge for a free service being imparted by him/her for any reason whatsoever.
iii. Consultant agrees that he/she will not ask the customer to deposit any amount in his/her personal account for the services rendered through Wishtok. In case you attempt to contact the customer outside the Wishtok platform or engage in any conversations with the customer online or offline whom you have acquired through Wishtok, even if the said contact outside the platform was initiated by the customer, you will be liable to pay a penalty of INR 50,000 or AED 2,500 and the entire amount earned by you from that customer offline (as per the company's estimates and information available). Apart from this, an addition penalty of the highest monthly revenue earned by you through Wishtok in the preceding 12 months of the date of application of the penalty. You will lose your green tick too on your profile and reactivation of the green tick is at the discretion of Wishtok on the payment of INR 50,000 or AED 2,500.
iv. Misuse of any information or indirectly sharing any personal information with the customer shall attract a penalty of INR 50,000 or AED 2,500. Further, the Green Tick shall be removed immediately on violation and the account shall stand deactivated temporarily.
v. For re-activation, the compliance team shall audit all the chats and calls between the customer(s) and the Consultant Advisor and if found guilty, the profile shall be deactivated permanently.
d. Time commitment:
i. Consultant agrees to spend a minimum of 4 (four) live hours on the Wishtok App / Website to increase your credibility among the users/customers visiting the website regularly. Four Live hours for daily average shall be calculated on weekly basis after accumulating the time spent by Consultant on the platform in one week.
ii. In case the number of live hours spent on the website is less than 4 on a daily basis, the Wishtok verified Green Badge can be removed from your profile.
e. Mis - using Website for Personal Gain:
i. Consultant is strictly prohibited to use the Website for promoting your personal products / services with the intention to attain personal gain through recommending and selling the products not specifically listed with Wishtok.
ii. To avoid any kind of Penalty under this clause, Consultant may approach Wishtok team in case of conflict of interest.
iii. The suggestion of a particular service is not prohibited however imposing on the customer (either showing a negative effect or threatening for any kind of mishappening, etc.) will lead to a violation of the present terms and conditions.
iv. If Consultant is found violating Clause 2(e)(i), Wishtok shall issue a written as well as verbal warning along with a penalty of INR 25,000 or AED 1,500 for avoiding de-activation of the profile.
v. If Consultant is found violating Clause 2(e)(ii) or on receiving complaints from the customer regarding such violation, the Compliance Team of Wishtok shall flag your profile and if found guilty, the payment made for such consultation to the Consultant shall be refunded and a penalty of INR 500 or AED 25 for each violation shall be imposed on you.
vi. Consultants are supposed to perform all aspects of service committed to the customer as they were expected from that particular service. Missing or forged proof of service will lead to a fine of INR 25,000 or AED 1,500 and/or banning you from the Wishtok/Wishtok.
vii. Consultants are not supposed to commit anything beyond their capabilities. Any assurance which can't be controlled by Consultant not be committed. Giving assurance of 100% of results also falls in the same category. Violation of the clause will lead to the deactivation of the consultant profile and a penalty of INR 25,000 or AED 1,500.
f. Direct Contact Prohibition:
i. Consultant is prohibited to obtain the contact information of any customer seeking advice from him/her and solicit the customer to contact him/her personally for your personal gain.
ii. Consultant agrees to inform the customer approached through Wishtok to route all its queries through the portal and update the customer for not sharing his/her personal details on the chat/call conversations.
iii. In case Consultant wants to refer any customer to any other consultant who is there on the Wishtok platform, Consultant may do so only by sharing the Consultant’s Wishtok 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. Consultant agrees and declares not to use the personal information of the customer shared by the customer during the consultation/contact through Wishtok with you. On receiving such personal information inclusive of the contact details of the customer, Consultant agrees not to approach the customer directly without informing Wishtok for any reason inclusive of personal gains. Violation of this Clause shall attract immediate de-activation of your profile with a penalty of INR 25,000 or AED 1,500 for each violation made by You.
g. Pure Astrology Services:
i. Wishtok strictly does not promote or encourage any superstition like Tantra, Black Magic, Totke, Vashikaran etc. Any advice which is directly relatable to any loss or danger of life be it animal or human being shall be viewed as a gross violation of the terms and conditions.
ii. Violation of clause 2(g)(i) shall attract a penalty of INR 25,000 or AED 1,500 without any warning and your profile shall be banned/removed from the Website. Payment of Penalty may allow re-activation of the profile subject to the severity of the violation made by you.
iii. Consultant agrees to respect other Consultants listed on the Website while imparting your services to any user/customer at Wishtok. Consultant is prohibited to defame or humiliate any other Consultant listed on 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 a penalty of INR 10,000 or AED 500 shall be applicable on You.
h. Advising, Prescribing & Performing Services:
i. When offering/selling services via Wishtok, the consultant must abide by strict rules and guidelines. Following these rules/guidelines is mandatory, and under no circumstances shall the consultant pivot from them. Breaching these rules will lead to fines. A serious breach could also lead to the fine & termination of the consultant from.
ii. If a user connects with a consultant on Wishtok regarding any service offered by Wishtok, communication regarding the same must be done via the Chat and Call specifically made for Wishtok. The consultant can't connect the user via any other medium viz paid call/chat or assistant chat for any services purchased under Wishtok. Connecting with the Wishtok user via any other medium will lead to a penalty of INR 5,000 or AED 250 alongwith the fortification of any earnings made through this order.
iii. If a consultant doesn’t respond to the messages/inquiries of the Wishtok users within 24 hours of their Wishtok orders sold, in such a case, the consultant will be liable to a penalty of INR 5,000 or AED 250. The aforementioned communication with the user must be done via the Chat and Call medium specifically made for Wishtok only. Serious/multiple breaches of this condition could also lead to the blocking or delisting of the consultant from Wishtok.
iv. Consultants are expected to prescribe & sell simpler services through Wishtok. Any services which are not directly related to the user are prohibited.
v. Violation of 2(h)(iv) will lead to a fine of INR 20,000 or AED 1,000 along with the money earned by the Consultant in the last 6 months through Wishtok and/or termination of profile from Wishtok.
vi. Consultants are expected to deliver the same service as prescribed & promised to the user & not prohibited on our platform. If, Consultant is found delivering different services which is not mentioned by Wishtok, on the pretext of something else is a gross violation of Terms & Conditions and can lead to penalties under 2(h)(iv) along with fortification of any earnings done by the Consultant through Wishtok.
i. Misuse of Credentials provided by Wishtok:
i. Consultant agrees not to share the credentials received through Wishtok with anyone inclusive of Wishtok credentials. The system obtains data from the IP address employed by Consultant while operating the website and on finding a violation of the same penalty of INR 20,000 or AED 1,000 and profile deactivation will be done.
ii. Consultant agrees not to share his/her personal account details registered with Wishtok to anyone else. Consultant is prohibited to provide consultation to the customer through anyone else by impersonating him/her before the customer. Such impersonation shall attract criminal liability against Consultant along with a fine of INR 20,000 or AED 1,000 and profile deactivation.
iii. Consultant agrees not to impersonate any person or entity, including, but not limited to, any other Consultant registered on Wishtok, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity or other portals.
iv. Consultant is advised to share details of all the devices used by Consultant for accessing the App Website by dropping us an email at contact@Wishtok.com.
v. On violation of the same, Consultant shall be issued a warning written as well as verbal along with a penalty of INR 20,000 or AED 1,000. The Green tick shall also be removed immediately on such violation. Further if found in violation of Clause 2(i)(ii), another penalty of INR 20,000 or AED 1,000 shall be imposed along with permanent deactivation of your profile.
vi. In addition, Consultant will be obligated to pay back the entire amount earned by Consultant in the last 6 months to the company. Any amount still present in your wallet will be adjusted against this liability and Consultant shall not be entitled to any payout from the company. In addition, the company may pursue legal action to recover this amount.
j. Honest Price Commitment:
i. Consultant agrees to maintain your services at the fair price guaranteed by Wishtok to its customers. Consultant agrees not to sign up with any other portal imparting similar services as Wishtok at a similar price or any price lower than the price at Wishtok.
ii. The system at Wishtok is built to track the profiles made by Consultant with any other portal at a lower price while on Wishtok. Such action will lead to lowering your price quoted on the website without seeking any approval from you.
iii. Any violation of this clause will be considered as an offence and Consultant shall be liable to such appropriate action under the law along with a penalty of INR 10,000 or AED 500.
k. Predictions:
i. Wishtok prohibits predictions on sensitive issues which may lead to un-informed choices being made by the customer. Consultant is 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 the gender of the unborn child.
Providing date/time for medical issues such as an 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.
Predicting with regard to guaranteed success in business, education, employment, marital, legal outcome in a sub-judice case or any illegal activity.
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. Wishtok reserves its right to take appropriate action under the law against violation of this clause which shall include the penalty of INR 20,000 or AED 1,000 along with immediate profile deactivation. It is agreed between the parties that once the profile is deactivated under this clause, Consultant shall be black listed for the future from making or contracting with Wishtok in any manner whatsoever.
iii. Consultant agrees and declare that if the customer is not satisfied with the Services provided by Consultant inclusive of unprofessional advice, the service could not be rendered due to internet issue or other reasons, Consultant shall refund the amount voluntarily to the account of the customer and shall update the Information in this regard to Wishtok immediately. If violation of the present sub-clause is reported to Wishtok, the amount shall be refunded to the customer without informing Consultant and simultaneously a penalty of Rs. 500 or AED 25 per violation shall be imposed.
iv. It is agreed between the parties that all the Chat conversations and the call consultations made by Consultant with the customer/user of the Website shall be duly recorded for quality purposes. Wishtok reserves the right to monitor such conversations and consultations for monitoring purposes with prior approval from You.
v. Consultant agrees and declares that while answering reports Consultant will not copy/paste data from another app, Consultant will type all answers by him/her-self after deeply analysing the customers' problems and his charts. If we find any complaints of the Consultant copying answers from any website or poor report quality immediately refund will be processed to the customer, penalty of INR 10,000 or AED 500 will be levied on Consultant and your report section will be closed along with green tick removal.
vi. Consultant agrees that after submitting reports answer to user, Consultant will take a feedback session within the time which is mentioned on the platform for feedback, failing so will attract a penalty as deemed fit by company which may include report section closure, complete refund to user and additional penalty up to INR 5,000 or AED 250.
l. Non - solicitation & non-compete:
While working with Wishtok, Consultant agrees not to work with any competing platform in any manner whatsoever. For the avoidance of doubt, some activities which are prohibited include:
i. Working as a consultant on any other platform unless approved by Wishtok.
ii. Creating any kind of content - text/audio / video or any other for any other platform
iii. Hiring & contracting Consultants to work on any other platform
iv. Approaching customers to join as an consultant on any other platform
v. Inducing the employees of Wishtok to join any other platform.
vi. Disclosing internal policies of Wishtok to the employees/contractors/owners or anyone associated with any other competing platform
vii. Providing credentials and access to the Wishtok consultant app to any to the employees/contractors/owners or anyone associated with any other competing platforms
viii. Any other activity which can cause any harm or damage to the reputation and business interests of Wishtok.
Violation of this clause will attract permanent deactivation of your profile without any warning issued and a fine of INR 50,000 or AED 2,500 by the Compliance team at Wishtok.
3. USAGE OF FEATURES
a. NEXT ONLINE TIME:
After Consultant logs out from your account, Consultant shall mark the NEXT ONLINE TIME i.e. the expected time of logging in again and coming live on the App / Website. This is a must for increasing a loyal customer base leading to personal growth through the website. Not following such terms can lead to a negative impact on your profile by updating your penalty count by +1 leading to your profile to be shifted at the bottom of the website.
b. WISHTOK VERIFIED GREEN BADGE:
Consultants shall be eligible to get a Wishtok Verified Green Badge on working exclusively for our Website for a minimum number of 4 Hours daily. The badge shall be liable to be removed in case of violation of any terms and conditions set in this Terms. Consultant agrees and allow the Website for creating a crawler which shall keep a check on your profile available on any of the competitor’s websites to see violations. The removal of Green tick for any violation will attract a payment of INR 50,000 or AED 2,500 for re-activation of the Green Badge.
c. REVIEWS:
The website has a functionality of review for the services rendered by Consultant to its customers. The customer can give a positive as well as negative review depending on the service rendered by the consultant. Consultant agrees not to remove/delete any review and any change required to be made in the reviews submitted by customer, a request in the “My review” tab in your dashboard can be submitted for deletion to the Wishtok technical team, which shall review and take appropriate action.
d. PRICING:
i. The standard pricing of the consultant is finalised at the time of onboarding by the onboarding team on the basis of consultant’s performance in the hiring interview. Consultant has access to raise a request to change price after 6 months of joining through their dashboard if their performance parameters are excellent, which will be reviewed by Wishtok, which reserves the rights to reject the request. Wishtok reserves the right to re-evaluate the consultant via reinterview for skills or languages. For the re-evaluation process, the consultant's profile can be kept on hold & in case of failure, the consultant's profile can be deactivated too without any prior notice.
ii. Price change will be done as per the existing pricing of Consultant. If your customer price is less than INR100 or AED 5 per minute, you are eligible to increase your price every 30 days. In case your customer price is between INR 100-200 or AED 5–10 per minute, you’ll be able to increase your price after 3 months of the last price hike. In case your price is more than INR 200 or AED 10 per minute, then you’ll be able to increase the price after 6 months of the last price hike. The price of a consultant can only be increased within this time frame if the consultant meets all the related criteria set by the company.
iii. It is agreed between the parties, where Consultant is working exclusively with Wishtok that the amount paid by the customer for the consultation & services through Wishtok, 50% of the same amount will be retained by Wishtok & remaining 50% will be the consultant’s share of revenue net of taxes and payment gateway charges.
iv. It is agreed between the parties, where Consultant is not working exclusively with Wishtok that the amount paid by the customer for the consultation & services through Wishtok, 70% of the same amount will be retained by Wishtok & remaining 30% will be the consultant’s share of revenue net of taxes and payment gateway charges.
v. It is agreed between the parties that the consultant’s share shall be calculated based on foreign price conversion list shared on their dashboard and is subject to rounding off during calculations.
vi. The consultant further agrees that the standard pricing is valid only for order billed at full price and may be reduced by any amount in case of any offer being run by the company or opted in by the consultant. Consultant’s payment is subject to any kind of offer being presented to the customer by Wishtok or Consultant which is inclusive of but not limited to buyback offer, Promotional Schemes offering Discounts, memberships, etc. Please note you will have to adhere to standard customer promotions and offers on the Wishtok app. You acknowledge that the company gives the 1st minute as free to the user as well as has certain discounts for the customers, especially on features like streaming, loyalty discounts, fixed sessions and/or any customer promotions that may be exclusively opted in by you by switching on an offer from the customer profile. You further agree that you will be paid a maximum of Rs. 5 AED 0.25 per minute after the 1st minute for the promotional sessions distributed by Wishtok.
vii. Wishtok’s billing system is not error-free and is not responsible for any miscalculations/ malfunctions/ problems in the billing structure or while processing any payments to the consultant. If the Consultant thinks that a mistake has occurred, he/she must send his/her complaint to Wishtok within 7 days of the occurrence of such a mistake. If for any reason the customer has taken partial or full refund of the paid amount for any service provided by the consultant or has paid but has later charged back such payment, the Consultant will not be paid for that transaction and in case, if the money has already been sent to the Consultant, Consultant is required to repay this amount to Wishtok, and Wishtok has the right to deduct this amount from the Consultant's account or wallet from the following payments to be made from Wishtok to Consultant. Any service provided by the Consultant that is disputed, suspect and remains unresolved, the payment for the same will be withheld for as long as time till the problem is resolved. Wishtok will have the Final say with regards to disputes in this regard. In Case of Money Back Guarantee, Wishtok reserves the right to provide a refund to a customer if they ask for it, and no prior permission will be taken from consultant for the same. The Consultant acknowledges and agrees that the services may be audited for quality purpose at any time for a customer requesting a refund or for the purpose of testing the quality and taking the further action in regards to refund or if flagged by the audit systems of the company or any such issue.
Please note that consultant’s share will be subject to deduction of other charges incurred by Wishtok on facilitating interaction with customers including, but not limited to the payment gateway charges (currently 2.5% as of 1st June 2023)
viii. The billing cycle is from the 1st to the end of the month and payment 20th day of next month or 20 days post the end of the month. The company reserves the right to withhold the payments partially or fully of a consultant for a maximum period of 60 days after the billing cycle in case of suspicious, suspect or extraordinary transactions/services as determined by the systems & audit processes of the company and communicated to the consultant, till the time an investigation is completed and the issue is resolved to the satisfaction of the company.
ix. Payment of the consultant’s share is subject to deduction of withholding taxes payable to the government, other taxes and payment gateway charges.
x. In case total payout by Wishtok to the consultant crosses 20 Lacs or the threshold provided by tax laws in a financial year, consultant has to mandatorily submit his/her GST/VAT or Tax identification number to the company. The GST amount will be paid by the company in all such cases.
xi. In case the company has paid the GST amount to the consultant and the consultant fails to submit the same to the government within the stipulated time period, the company reserves the right to withhold all future payments as well as deactivate or terminate the consultant’s profile till the time such a default is corrected by the consultant.
xii. Notwithstanding anything contained above, the amount required to be paid to Consultant for such consultations where Offers have been provided to the customer while booking consultations, shall be proportional to the offering given by Wishtok in as much as amount lesser than 50% shall be paid to Consultant detailing the amount deducted due to the promotional offer given to the customer.
xii. The consultant agrees that his/her share will reduce in case he/she opts in for any voluntary promotion being run by the company, including boosting his/her profile to show it to maximum number of users. Any such reduction will be communicated to the consultant before opting in for such a promotion and it is completely voluntary on the part of the consultant to opt in for such promotion.
e. PROFILE UPDATE:
Consultant agrees 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 raised from the dashboard by raising a ticket for the same on the platform.
Any major changes in profile (includes your profile picture & bio) cannot be done once Consultant is onboarded on the platform. This information can only be updated once at the time of onboarding.
f. FEATURE UPDATION:
Wishtok reserves its right to update any feature provided to Consultant while associating with the platform. Once any new feature is added or upgraded or deleted, the same shall be duly updated to Consultant on your notice board/dashboard in the Wishtok Application. Your continued use of the Website shall signify your acceptance to the updates made.
4. REFUND AND CANCELLATION
(a)Consultant agrees that any service rendered by Consultant 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 Wishtok 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 Wishtok 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., Consultant and Wishtok.
(b)For the customers taking consultation, any amount paid on the payment gateway will also be subject to refund if any complaint is raised for refund of the amount paid. It is agreed between the parties that if any refund is processed for any Customer, the same shall be deducted from consultant 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.
5. INDEMNITY
a. Consultant undertakes 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 Consultant 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 party will be relieved of its indemnification obligations to the extent it was prejudiced by the indemnified party's failure.
6. GOVERNING LAWS
a. These Terms, and any disputes arising out of the present Terms shall be governed by the laws applicable at Delhi, India.
b. The Courts situated at Delhi, India 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 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. 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 a 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.
9. CONFIDENTIALITY AND NON - DISCLOSURE
Consultant agrees that Consultant shall hold the confidential information in the strictest of confidence and to protect the Confidential Information from disclosure to any third party. The confidential information can be used only for the use of the Wishtok app / Website under this Terms and shall not use any part of it, for its own purposes or the purposes of any other party.
10. INTELLECTUAL PROPERTY
Three Friends Information Technology Consultants LLC shall be the sole owner of and retain all ownership rights to all content generated and displayed on the Wishtok Platform including copies of data transferred or received between the users (customers) of the platform and the Consultant. This section shall survive expiration or termination of this Agreement.
11. 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 these Terms or any of their rights or obligations under these Terms without the other party's written consent.
c. The Consultant agrees that Wishtok has only provided a platform for communication and can in no way be held responsible for the content generated on the platform and/or any act of malefice - text/video or audio committed by any user on the platform and accepts no liability and responsibility for the same.
d. Consultants are expected to inform any legal case pending against them at the time of joining or as soon as they received information about it post-joining. Wishtok holds the right to disassociate itself and close the profile at any time in case of any legal case against the consultant.
12. Live Streaming & Video Calling Terms and Conditions
Wishtok has created a live streaming & video calling platform that customers and Consultants (partners) utilise to consume content and interact with each other. The Consultant agrees that Wishtok has only provided a platform for communication and can in now circumstances be held responsible for the content generated on the platform and/or any act of malefice - text/video or audio committed by any user on the platform and accepts no liability and responsibility for the same.
Any consultant using the live streaming & video calling platform to stream their content to users of Wishtok is bound to do so in a cordial fashion and is expected to be professional in their conduct.
The consultant agrees to the following set of rules and regulations while using the live streaming & video calling platform and acknowledges that the company (Wishtok) may take certain actions including levying a financial penalty, restricting the usage of the live streaming & video calling platform or restricting the usage of the Wishtok app by the consultant in case of any violation of the rules and regulations highlighted below:
i. Consultant is expected to Livestream with your video switched on and focused on your face for the majority of your live streaming & video calling duration. The attire /dress of the consultant has to be culturally sensitive and moderately formal. Any violation of the same for more than 10 minutes a day will attract a penalty of at least INR 5,000 or AED 250 per day and access to the live streaming & video calling platform being restricted for 7 days. In case of any subsequent violation, depending upon the severity and frequency of the violation, the company has the right to restrict the usage of the live streaming & video calling platform or restricting the usage of the Wishtok app permanently, along with an application of penalty of INR 5,000 or AED 250 for each violation.
ii. Consultant is expected not to share any personal details and information - 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], offline addresses or any other information which can be used to identify and contact Consultant outside the Wishtok platform. Consultant is expected to not share these details in the background/backdrop while using the live streaming & video calling platform, in the caption or live event name, while talking to or replying to users or in any other way possible while using the services of the platform nor motivate any others to do the same. Violation of this clause shall attract a penalty of INR 2,000 or AED 1,000. Further, the Green Tick shall be removed immediately on violation and your account shall stand deactivated temporarily. In case the consultant wishes to get the Green Tick again, the same shall entail a further fee of INR 50,000 or AED 2,500.
iii. Consultant is expected to treat all users cordially and professionally and not to refuse service to any user asking for guidance for free in the live session while Consultant is not on a paid call or consultation nor write anything meaning the same in the live event caption. Consultants are not allowed to ask for donations in lieu of answers in the live event caption or during the course of the live session. Any violation of the same will attract a penalty of at least INR 1,000 or AED 50 per day and access to the live streaming & video calling platform being restricted for 7 days In case of any subsequent violation, depending upon the severity and frequency of the violation, the company has the right to restrict the usage of the live streaming & video calling platform or restricting the usage of the Wishtok app permanently, along with an application of penalty of INR 1,000 or AED 50 for each violation.
iv. Consultant agrees not to demean Wishtok or any of its employees or any customer or any consultant working on the Wishtok platform or any other forms of Astrology or rituals or practices. Consultants 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 shall attract a penalty of INR 50,000 or AED 2,500. Further, the Green Tick shall be removed immediately on violation and your account shall stand deactivated temporarily. For re-activation, the compliance team shall review the case and evidence and on being found guilty, the profile shall be deactivated permanently.
v. Consultant is not allowed to promote or encourage any other astrology application or any consultant working outside Wishtok on the live streaming & video calling platform. In case any customer joins your live stream and acts as an consultant or asks the users to take astrology services elsewhere, Consultant is expected to immediately end such conversations and block such a customer. Consultants are furthermore requested to raise the same issue with consultant support teams. Any violation of this clause shall attract a penalty of INR 50,000 or AED 2,500. Further, the Green Tick shall be removed immediately on violation and your account shall stand deactivated temporarily. For re-activation, the compliance team shall review the case and evidence and on being found guilty, the profile shall be deactivated permanently.
13. Disclaimer of warranty
i. Consultant acknowledges and agrees that the sites and consultant platform are provided on an "as is" basis, and therefore user will not have any claim or demand against Wishtok, its affiliates, or any of the foregoing's officers, directors, shareholders, employees, sub-contractors, representatives, agents etc. with respect to the sites, the consultant platform or any user. The use of the sites and the consultant platform is at the consultant’s sole risk. To the fullest extent of the law, and Wishtok expressly disclaims all warranties of any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security and accuracy.
ii. The consultant shall not have any plea, claim or demand against Wishtok, its affiliates, and their respective officers, directors, shareholders, employees, subcontractors and agents in respect of any services consultant decides to provide in connection with the use of the sites. Wishtok will not be deemed the provider or recipient of any services acquired through the sites and/or Wishtok. The sale or purchase of services is accordingly effected at the consultant's sole and entire risk. Under no circumstances will Wishtok, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any consultant for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortious action, or arising from the services or any provision of this agreement.
iii. Consultant acknowledges and agrees that Wishtok disclaims any liability with respect to an claim, suit or action brought by a user in connection with provision of any services by consultant (including, without limitation, representations by the consultant as to consultant’s qualifications and advice provided by the consultant) through the Wishtok service and consultant agrees to indemnify and hold Wishtok harmless in connection with any such claim and any damages or expenses arising therefrom.
iv. Wishtok does not assume and will not be liable for: (1) the accuracy availability of the Sites or the Consultant Platform; or (2) any damages or injury arising from or related to the Sites, the Consultant Platform and/or any opinion, response, advice, prediction, recommendation, information, representation and/or other service provided or not provided by any Consultant. This section (disclaimer of warranty) shall survive termination or expiration of this Agreement.
14. Additional disclaimers
Wishtok will not be liable for enforcing any agreement that was made between a Consultant and a Customer/user, including a user fee agreement. Consultants will be solely responsible for any agreement made with a user. It is expressly reiterated that Wishtok merely brings both the User and the Consultant on a common platform in order to increase the accessibility of the various Consultants to the various users and has no role in actual dispensation of advice. In the event of a dispute regarding any Transaction conducted via the Consultant Platform or the Sites, the Consultant hereby relieves Wishtok, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which Consultant may have against one or more users.
15. Modification of Terms
Wishtok 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. Consultants 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" any time after the "LAST UPDATED" date, Consultant 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 means that Consultants accept and agree to the changes. If Consultant does not agree with any such change, your sole and exclusive remedy is to terminate your use of the Application. We encourage Consultants to refer to the "Terms and Conditions" every time a Consultant logs 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.
16. Contact Information
We store your up-to-date contacts in order to notify you as soon as one of your contacts signs up for Only Consultant login and to properly display names in notifications. We only need the number and name (first and last) for this to work and store no other data about your contacts.