Read our terms below to learn more about your rights and responsibilities as a Now&Me expert.
Now&Me Enterprises Private Limited ("NEPL"), primarily operates, controls and manages Now&Me platform (as defined below) from its registered office at 23-A Third Floor, Shivaji Marg, Delhi, India-110027 ("Registered Office").
A. Acceptance of Terms
YOU SPECIFICALLY AGREE THAT BY USING NOW&ME, YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT OR IN THE ALTERNATIVE, YOUR LEGAL GUARDIAN HAS AGREED TO ENTER INTO THIS CONTRACT ON YOUR BEHALF AND YOUR USAGE OF NOW&ME IS UNDER SUPERVISION OF SUCH LEGAL GUARDIAN.
All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in Now&Me in any manner. You and NEPL have been collectively referred hereinafter as “Parties” and individually as “Party” wherever required.
1. SCOPE OF SERVICES
1.1.NEPL shall provide its platform, Now&Me to the Users through which Users can interact with you on Now&Me on a one to one basis and you can provide the Services to the Users via text chatting and/or audio calls (“Interaction”) on Now&Me.
1.2.You will be required to spend a minimum of three (3) live hours on Now&Me on a daily basis to increase your credibility among the Users. This three live hours for a daily average shall be calculated on a weekly basis after accumulating the time spend by you on Now&Me in a week.
1.3.The Users will be required to select an available time slot on Now&Me for each Expert i.e., a 5 minutes Interaction or a 10 minutes Interaction etc. As soon as a User selects one of your available time slots, you will receive a notification to that effect on your phone or computer. You can either accept or reject the request for Interaction sent by the User.
1.4.Once you accept the Interaction request, a notification shall be sent to the User to start the Interaction within one minute.
1.5.When a User clicks “start chat” or “start audio call” (as the case may be), the Interaction shall begin at the time slot selected by the User.
1.6.It is clarified that once you have accepted the Interaction request from a User, you cannot rescheduled or cancel the request. If the User clicks on “start chat” or “start audio call” (as the case may be) and you do not reply or engage with the User, then the fee for that particular session shall be deducted by NEPL from your monthly settlement. However, the User can cancel the Interaction any time before the start of the Interaction.
2.1The pricing for the Interaction shall be on a per minute basis subject to a minimum Interaction of five minutes. The exact pricing per minutes shall be mutually agreed between you and NEPL through an email/ google form where you will be required to provide a per minute pricing to NEPL.
2.2NEPL shall provide each User 1 free interaction of 5 minutes which he/ she can redeem with any Expert. Therefore, in case a User redeems his/ her free interaction with you, no payment shall be made to you for such interaction. In case of a free interaction, you will be notified by NEPL that the said interaction is free for the first 5 minutes.
2.3You will not be permitted to charge for a free service being imparted by you for any reason whatsoever.
2.4Before the start of the Interaction, the User shall be required to recharge his/ her wallet with Now&Me for a minimum amount equivalent to five minutes of pricing before the start of the Interaction. Once the stipulated time gets over, the User shall be required to again recharge his/ her wallet.
2.5You agree that the pricing once provided by you can be increased or decreased by a maximum 20% (twenty percent) by you only after a gap 30 (thirty) days from the date of joining or from the last updated price on your profile.
2.6Notwithstanding Clause 2.1, the Expert acknowledges that NEPL shall be entitled to mark up, in its sole discretion, the Expert’s per minute pricing in order to charge the User for the services provided by Now&Me ("Platform Fee”)
2.7The settlement with NEPL shall take place on a monthly basis at the end of each calendar month and the entire amount accrued to you after deducting the Platform Fee and applicable taxes (if any) shall be credited to your account (details of which shall be provided by you in advance) by NEPL, subject to applicable law. The details of such monthly settlement shall be provided to you on request.
3. REFUND AND CANCELLATION
Any complaint or request for refund raised by the User shall be subject to review by the NEPL team. In case of a complaint from a User, you shall be provided the opportunity to represent yourself and to be heard and any decision regarding the complaint shall be taken only after hearing your side. You shall be provided 48 (forty eight) hours to respond to the User’s complaint and present your case. Failure to do so, shall result in NEPL proceeding with the deciding the User’s complaint on its own merits, without your response and participation. It is however clarified that the decision of NEPL shall be final and binding on both you and the User.
4. OBLIGATIONS AND COVENANTS
4.1. In case you are a therapist, psychiatrist or a psychologist, you will adhere to the ethical obligations as prescribed by Rehabilitation Council of India (available at http://www.rehabcouncil.nic.in/forms/Sublink1.aspx) and the American Psychological Association (available at https://www.apa.org/ethics/code) and any other applicable law. In case you are any other expert, you are required to adhere to the ethical obligations prescribed by the applicable law as well as any other law, rules, regulations etc. as applicable to your profession.
4.2.In the event that a User shares having suicidal thoughts with you during the session or indicates any suicidal tendencies and you are not equipped to handle such situation, you may recommend such Users to call the iCall Helpline at “+91 9152987821” or refer the Users to seek help over websites like “http://www.aasra.info” and“https://www.iasp.info/crisis-centres-helplines/” .
4.3. You will be solely liable for any claim or action arising out of any wrong or misleading information furnished by you on Now&Me. You undertake that you will furnish true and correct information including information about your qualification on Now&Me.
4.4.Further, in case you are a therapist, psychiatrist or a psychologist you undertake at times to be subject to and under ‘supervision’ as per market practice and the Ethical Framework for the Counselling Professions. In the event you cease to be under supervision for any reason whatsoever, you shall intimate NEPL in writing, within 2 (two) days of the same. It is clarified that the above mentioned supervision shall not be done by NEPL.
4.5. You shall be solely liable for any claim or action arising out of any session with Users.
4.6. You shall treat the User in a cordial fashion and maintain a proper decorum and answer all kinds of questions being sought by the User in a peaceful manner. You will not use filthy language or impart threats to the User.
4.7. You will not upload or display or share the personal information/ conversations with the User/ the advice sought by the User at any place over the internet or any other platform.
4.8. You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable on or through NEPL.
4.9.You will maintain decorum while replying to any comment or review posted on Now&Me inclusive of any comment or review posted by the User who has interacted with you.
4.10. You will not to do any acts which may harm the reputation and interests of NEPL including, but not limited to posting negative reviews on any social platform, disclosing NEPL’s policies to anyone and in general making any defamatory comments of any type or nature whatsoever to anyone about NEPL, its employees, officers, directors, agents, consultants, affiliates etc. You also agree not to encourage, motivate, influence any of their friends, family members, Users, acquaintances or any other person to do the same.
4.11. You will not defame or humiliate any other Expert listed on Now&Me by using terminologies inter alia less capable, inefficient, less knowledgeable, etc.
4.12. You will not promote any other platform/competitors providing similar services like NEPL while using Now&Me.
4.13. You will not share internal policies and information about NEPL as well as details of contract/ earnings from NEPL with any member of the general public who may or may not be associated with NEPL. You may however share the details of your earnings with your immediate family members i.e., spouse/ parents/ children and with professionals such as tax consultants/ lawyers/ income tax practitioners/ GST practitioners etc. or with a statutory authority.
4.14. You will attend to the promotional Interactions in a cordial manner with the same zeal and enthusiasm that you would exhibit in any other paid Interactions and treat all the Users.
4.15. NEPL does not promote or encourage any superstitions like Tantra, Black Magic, Totke, Vashikaran etc. NEPL prohibits predictions on sensitive issues which may lead to un- informed choices being made by the User. You shall refrain from advising any User on the following matters which include but not limited to:
a) Predicting gender of an unborn child;
b) Providing date / time for medical issues such as operation for successful completion;
c) Prediction with regard to any criminal offence being planned by the User;
d) Prediction with regard to achieving success through illegal means;
e) Predictions relating to gambling, money - laundering, drug abuse etc. and;
f) Predicting with regard to ensuing death for any reason whatsoever inclusive of accidental, medical, etc.
4.16. You shall not share your NEPL log in credentials with anyone else.
4.17. You agree that while answering to the Users, you will not copy/paste data from another application or any AI. You will type all answers by yourself after carefully analysing the User queries.
4.18. Use of any kind of filthy language, intentionally wasting time, demeaning the User, having more than 10 sessions with remarks “Not Served Properly” would result in imposition of penalty as per the policies of NEPL and deactivation of your profile.
4.19. Violation of any of the above covenants will result in deactivation of your profile and shall attract penalty as per the policies of NEPL. For re-activation, the NEPL team shall audit all the Interactions and calls between you and the Users if a violation is further repeated, your profile shall be deactivated permanently.
4.20. NEPL shall not be held liable if you provide NEPL with fake certification. You declare that the information provided by you with respect to your qualifications is true and correct. If it is found that you have provided false information or fake certification in relation to your qualifications, a penalty as per the policies of NEPL will be payable by you to NEPL. Your profile will be deactivated immediately and all pending payments will be withheld in case you provide false information or fake certification in relation to your qualifications.
5. SHARING OF PERSONAL INFORMATION
5.1.You cannot share any personal information belonging to yourself or any of your friends, acquaintances, family members or any other persons who may or may not be connected with you. Such personal information shall include but shall not be limited to contact number, bank account details, e-mails, websites, personalised page, blogs, social media profile(s) etc.
5.2. You cannot ask the User to deposit any amount in your personal account for the Services rendered through Now&Me. You shall not attempt to circumvent Now&Me in any manner whatsoever.
5.3. You agree that all User queries are to be addressed through Now&Me. You agree not to obtain and encourage Users to share their personal details on Now&Me. You cannot solicit the User to contact you personally for your personal gain.
5.4. You agree and declare not to use the personal information of the User for your personal gain. On receiving such personal information inclusive of the contact details of the User and if required, you agree not to approach the User directly without the prior permission of NEPL.
5.5. Violation of any of the above will result in deactivation of your profile and shall attract penalty as per the policies of NEPL. For re-activation, the NEPL team shall audit all the chats and calls between you and the Users if a violation is further repeated, your profile shall be deactivated permanently.
6. REPRESENTATIONS AND WARRANTIES
6.1. Each Party represents and warrants for itself to the other that:
(6.1.1.) it has all requisite power and authority to execute, deliver and perform its respective obligations and undertakings in this MOU and any other documents which may be required to effect the transactions contemplated by this MOU;
(6.1.2.) the execution and delivery of this MOU by that Party shall constitute the valid and binding obligations of that Party enforceable against it in accordance with their respective terms and does not require consent from any third parties (including any governmental authorities);
(6.1.3.)i neither the execution of this MOU, nor the performance of obligations agreed hereunder, by such Party, shall conflict with, or result in a breach of, or constitute a default under its constitutional documents or memorandum of association, articles of association, or any applicable laws or of any agreement to which it is a party or is subject.
(6.1.4.) You further represent and warrant to NEPL that you have the required expertise in your field to render advice to the Users and all the information and certification in relation to your qualifications are true and correct to the best of your knowledge.
7.1. Once you agree to be onboarded with NEPL, you will be obligated to provide the Services over Now&Me for a period of 45 (forty-five) days (“Lock In Period”). You cannot, under any circumstances, terminate your arrangement with NEPL during the Lock In Period.
7.2. After the Lock In Period, you shall be required to provide a prior written notice of 30 (thirty) days to NEPL in the event you want to stop providing the Services over Now&Me (“Notice Period”). NEPL may also terminate your association by providing a prior written notice of the Notice Period.
8. DATA PRIVACY AND CONFIDENTIALITY
8.1. You shall at all times protect the security, privacy and integrity of the data shared by the User with you, and shall prevent any unauthorised access to, deletion, or corruption of, such data.
8.2. You shall at all times be bound by applicable law and ethics in relation to the confidentiality obligations owed to the Users.
9. INTELLECTUAL PROPERTY
9.1. Intellectual Property shall mean and include but not be limited to creative, catalogues, concepts, creations, discoveries, designs, pictures, inventions, ideas, patents, improvements, trade or business secrets; utility models, tools, devices, models, methods, procedures, processes, systems, principles, software programs, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, hoardings, banners, charts, formulas, proprietary techniques, research projects, training modules, training techniques and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, whether or not registered, or copyrightable, or patentable, or any written or verbal instructions or comments.
9.2. Intellectual Property Rights shall mean collectively or individually, the following worldwide intangible legal rights, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all divisions, re-issues, re-examinations, utility model and design patents/ rights or any extensions thereof; (ii) rights associated with works of authorships, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights relating to the protection of trade secrets and confidential information; (iv) all other intellectual property rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained; and (v) proprietary information, proprietary processes, software, technical information, data, databases (including but not limited to customer data, sales data, etc.), process technology, plans, formulae, algorithms and blue prints etc.
9.3. You acknowledges that all Intellectual Property and related Intellectual Property Rights owned by NEPL are the property of NEPL. NEPL retains and reserves all rights, title and interest in the above mentioned Intellectual Property and related Intellectual Property Rights.
9.4. You acknowledges that you neither own nor acquire any rights whatsoever in and to the foregoing.
9.5. By creating a profile on Now&Me, you shall be deemed to have grant NEPL an exclusive, royalty-free, perpetual, irrevocable, worldwide licence to (i) 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, (ii) display your profile online and offline and use the same in any marketing , promotional or branding activity on any medium like internet, print, television etc. and (iii) display portions of your content online or offline and permit others (contractors, vendors, partners etc.) to do the same.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.2. The Parties shall use their best endeavour to settle amicably amongst themselves any and all disputes arising out of or in connection with this terms or the interpretation thereof. Any dispute shall be settled by a sole arbitrator jointly appointed by the Parties in accordance with the Arbitration and Conciliation Act, 1996. The venue for arbitration shall be New Delhi and the language shall be English.
11.1. You shall indemnify, defend and hold harmless NEPL and its officers, directors, employees, representatives, agents, respective directors, and assigns from and against any and all direct and actual liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses, including reasonable attorneys’ fees and expenses) any other loss that may occur, arising from or relating to:
11.1.4. breach of applicable law including but not limited to data protection and/or ethics.
12. NON COMPETE
12.1. You agree that you shall not work/ deliver your Services on any competitor platform imparting similar services over the internet during the existence of your arrangement with NEPL. You are prohibited to use a disguised or alias name while trying to deliver your Services on any competitor platform over the internet. Violation of the same will cause implementation of a penalty as per the policies of NEPL and deactivation of your profile.
12.2. You agree that you shall not open or operate a similar platform for a period of 5 (five) years from the cessation of your profile/ relation with NEPL. You are prohibited to use the name of NEPL to lure the Users advised through Now&Me.
13.1. Successors and Assigns – You will not be allowed to assign your rights and obligations hereunder without the written consent of NEPL.
13.3. No Partnership or Agency - Nothing herein contained shall constitute or be deemed to constitute a partnership between the Parties or constitute either party as an agent of the other for any purpose.