Astrologer Platform Terms

Effective Date: January 2023

These Terms apply to every Astrologer who joined or joins the ZodiTalk Platform on or after January 1, 2023.

The following Terms shall apply to every Astrologer who registers, accesses, or provides consultation services through the ZodiTalk Platform.

By creating an Astrologer account, accepting consultation requests, marking themselves online or available, or providing any consultation through the Platform, the Astrologer expressly acknowledges that they have read, understood, and agreed to be legally bound by these Terms.

1. Independent Service Provider

The Astrologer acknowledges and agrees that they are an independent service provider and not an employee, consultant, agent, representative, franchisee, partner, joint venture, or legal representative of Herbozon Inc. or ZodiTalk.

Nothing contained herein shall create any employment relationship or entitlement to employment benefits.

The Astrologer shall be solely responsible for the consultations, advice, statements, recommendations, remedies, representations, taxes, statutory obligations, and services provided through the Platform.

2. Consultation Acceptance Obligations

Consultation requests are allocated through the Platform’s proprietary systems.

The Astrologer agrees that while marked Online, Available, or otherwise eligible to receive consultations, they shall:

  • remain reasonably available;
  • respond promptly;
  • accept consultation requests in good faith;
  • complete accepted consultations professionally;
  • avoid repeated rejection, cancellation, abandonment, or non-response.

The Astrologer expressly acknowledges that repeatedly rejecting consultation requests materially damages customer trust, platform reputation, user experience, and business operations.

3. Performance Monitoring

The Platform may continuously monitor and evaluate the Astrologer’s performance including, without limitation:

  • chat acceptance rate;
  • call acceptance rate;
  • rejection rate;
  • cancellation rate;
  • missed consultations;
  • response time;
  • consultation completion rate;
  • online availability;
  • customer complaints;
  • customer ratings;
  • reviews;
  • refund requests;
  • AI quality assessments;
  • internal audits;
  • fraud indicators;
  • policy compliance;
  • user retention;
  • platform behaviour; and
  • any other operational metric determined by the Platform.

The Astrologer agrees that such monitoring is necessary for quality assurance, fraud prevention, customer protection, dispute resolution, reconciliation, compliance, security, and business operations.

4. Excessive Declines and Material Breach

The Astrologer expressly agrees that any of the following may constitute a material breach of these Terms:

  • excessive rejection of chats;
  • excessive rejection of calls;
  • repeated unavailability;
  • repeatedly remaining online while declining consultations;
  • abandoning consultations;
  • poor responsiveness;
  • excessive customer complaints;
  • poor ratings;
  • repeated refunds attributable to the Astrologer;
  • misconduct;
  • abuse;
  • fraudulent activity;
  • manipulation of the Platform;
  • violation of Platform policies;
  • conduct damaging the Platform’s reputation;
  • conduct negatively affecting customer experience; or
  • any conduct reasonably determined by Herbozon to adversely affect the Platform.

Herbozon shall have the sole contractual discretion to determine whether such conduct has occurred based upon the Platform’s records.

5. Platform Rights

If Herbozon determines that an Astrologer has breached these Terms or negatively impacted Platform operations, Herbozon may immediately, without prior notice and in its sole discretion:

  • suspend the account;
  • permanently terminate the account;
  • temporarily disable consultations;
  • stop allocating chats or calls;
  • reduce account visibility;
  • hide the profile from search;
  • restrict Platform functionality;
  • suspend withdrawals;
  • freeze wallet balances pending investigation;
  • investigate the account;
  • reconcile earnings;
  • adjust earnings;
  • deduct amounts where contractually permitted and permitted by applicable law;
  • recover accidental payments;
  • refuse future registration;
  • permanently block the Astrologer; or
  • take any other operational action reasonably necessary to protect users, the Platform, or its business.

The Astrologer shall have no claim solely because Herbozon exercised any contractual right contained in these Terms.

6. Performance Standards

The Platform may prescribe and revise minimum operational standards including, without limitation:

  • minimum acceptance rate;
  • maximum rejection rate;
  • maximum cancellation rate;
  • minimum completion rate;
  • response time requirements;
  • quality standards;
  • customer satisfaction requirements;
  • policy compliance standards.

Failure to maintain such standards may result in suspension or termination.

7. Earnings

The Astrologer expressly acknowledges and agrees that:

  • dashboard balances;
  • wallet balances;
  • estimated earnings;
  • projected earnings;
  • provisional reports;
  • internal statistics;
  • analytics;
  • notifications; and
  • displayed figures

are provisional only and shall not constitute a promise, admission, acknowledgment, or guarantee that such amounts are payable.

No amount shall become payable unless and until Herbozon completes final reconciliation in accordance with these Terms.

8. Reconciliation

Herbozon shall have the exclusive right to reconcile the Astrologer’s account.

Such reconciliation may consider, among other things:

  • completed consultations;
  • rejected consultations;
  • refunds;
  • duplicate transactions;
  • technical errors;
  • chargebacks;
  • accidental credits;
  • fraud investigations;
  • policy violations;
  • customer complaints;
  • abuse investigations;
  • payment gateway reversals;
  • internal audits;
  • Platform records; and
  • any other relevant operational data.

The Astrologer expressly agrees that the final reconciled amount determined by Herbozon shall govern the amount, if any, payable.

The Astrologer further expressly acknowledges and agrees that final reconciliation may determine that no amount is payable.

Only the final reconciled amount, if any, shall be released.

9. Suspension of Payments

Herbozon may withhold, suspend, or delay payments while:

  • investigating fraud;
  • investigating abuse;
  • investigating misconduct;
  • investigating customer complaints;
  • investigating suspicious activity;
  • conducting reconciliation;
  • verifying transactions;
  • complying with legal obligations; or
  • protecting the Platform or its users.

No delayed payment during such investigation shall constitute a breach of these Terms.

10. Adjustments

Herbozon may adjust earnings resulting from:

  • duplicate credits;
  • technical errors;
  • accidental payments;
  • refunded consultations;
  • chargebacks;
  • incorrect calculations;
  • fraudulent transactions;
  • payment gateway reversals;
  • abuse;
  • policy violations; or
  • any operational error affecting payment calculations.

11. Deductions

To the maximum extent permitted by applicable law, Herbozon may deduct from amounts otherwise payable:

  • customer refunds attributable to the Astrologer’s conduct;
  • duplicate payments;
  • accidental credits;
  • overpayments;
  • chargebacks;
  • taxes;
  • statutory deductions;
  • contractual adjustments;
  • losses directly arising from the Astrologer’s breach of these Terms; and
  • any other lawful deduction expressly permitted by these Terms or applicable law.

12. No Guaranteed Income

The Platform does not guarantee:

  • consultations;
  • customers;
  • chats;
  • calls;
  • earnings;
  • commissions;
  • wallet credits;
  • income; or
  • minimum business.

The Astrologer accepts all commercial risk associated with providing services through the Platform.

13. No Guaranteed Allocation

The Platform may allocate, withhold, reduce, increase, or discontinue consultation requests entirely at its sole discretion.

The Astrologer shall have no right to demand allocation of customers, chats, calls, visibility, ranking, or earnings.

14. Immediate Termination

Herbozon may immediately suspend or permanently terminate an Astrologer account without notice if the Astrologer:

  • excessively rejects consultations;
  • repeatedly remains unavailable;
  • commits misconduct;
  • violates these Terms;
  • manipulates Platform operations;
  • damages customer experience;
  • damages Platform reputation;
  • engages in fraud;
  • provides false information; or
  • otherwise materially breaches these Terms.

Termination shall take effect immediately.

15. Effect of Termination

Upon termination:

  • Platform access shall cease immediately;
  • consultation allocation shall stop immediately;
  • wallet access may be restricted;
  • withdrawals may be suspended;
  • pending consultations may be cancelled;
  • users may be reassigned;
  • reconciliation shall be conducted.

Following reconciliation of the Astrologer’s account under these Terms and the Platform’s records, Herbozon shall determine the final amount, if any, payable to the Astrologer. The Astrologer expressly agrees that such reconciliation may determine that no amount is payable. Only the final reconciled amount, if any, shall be released.

16. Finality of Platform Records

The Astrologer expressly agrees that Herbozon’s electronic records, including but not limited to:

  • server logs;
  • consultation logs;
  • chat records;
  • call records;
  • wallet records;
  • transaction records;
  • timestamps;
  • audit logs;
  • AI quality reports;
  • payment records;
  • operational records;
  • fraud investigation records; and
  • database records,

shall constitute the primary contractual records for determining performance, compliance, earnings, reconciliation, disputes, and payments.

17. Cooperation

The Astrologer shall fully cooperate with any Platform investigation.

Failure or refusal to cooperate may itself constitute a material breach of these Terms.

18. Survival

These provisions relating to reconciliation, deductions, investigations, payments, Platform records, indemnity, dispute resolution, suspension, and termination shall survive termination of the Astrologer’s account.

Legal Note

These terms are substantially stronger than your earlier version, but no contract can guarantee that a court will uphold every clause exactly as written. Clauses that give one party very broad discretion, impose penalties, or allow deductions are still subject to applicable law and judicial scrutiny. Before using these terms commercially, have an Indian lawyer review them to maximize enforceability and ensure they comply with applicable contract and consumer laws.