ADVISOR Terms and Conditions & ADVISOR TUTORIAL
CUNSULT online advisory and e-learning platform/websites CUNSULT.com and CUNSULT.in and CUNSULT Advisor and Client applications (hereinafter referred to as CUNSULT) are operated by 1234 INTELLIMAP PRIVATE LIMITED. The specific features and functionality of CUNSULT are to be determined solely by the management of 1234 INTELLIMAP PRIVATE LIMITED and are subject to change or termination at any time, for any reason, and without notice.
As an Advisor you are motivated by a strong urge to give back by sharing your vast and deep learning with others. Of course, you will also receive an honorarium for this, besides earning a huge amount of goodwill. You benefit not just individuals but society and the world at large by making it a happier and better place.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE: (A) AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND (B) IF YOU ARE RECEIVING PAYMENT FOR YOUR SERVICES ON THE PLATFORM, THAT YOU ARE LEGALLY AUTHORIZED TO WORK IN THE COUNTRY FROM WHICH YOU ARE OFFERING SERVICES
This Agreement contains all the terms and conditions between you (“Advisor”) and CUNSULT. Your use of CUNSULT as an Advisor implies your acceptance of the terms and conditions of this Agreement.
Definition of Service
CUNSULT provides an online platform where an Advisor may present his or her learning, guidance, advice, mentoring or expertise (Cunsultations, Courses, Videos, Articles: hereinafter to be referred to as ADVISOR SERVICES) for a fee (or in special cases for free) to interested Clients (Advisees) from CUNSULT or its affiliates. CUNSULT enables Advisors to upload or see Videos, Articles & Courses and buy Courses.CUNSULT makes no representation or warranty whatsoever as to the willingness or ability of Client/Advisees to pay for any learning/advice/guidance/mentoring/expertise given by the Advisor. However, payment will be gathered in advance of all Cunsultations and Advisors will be credited from that as per the policy and procedure determined from time to time.
Disclaimer of Warranty and Limitation of Liability
THE ADVISOR ACKNOWLEDGES AND AGREES THAT CUNSULT IS BEING PROVIDED FOR USE AS IS, AND THEREFORE ADVISOR WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS CUNSULT IN RESPECT TO CUNSULT’S CLIENT/ADVISEE, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE ADVISOR’S NEEDS. THE USE OF CUNSULT IS ACCORDINGLY BEING MADE AT THE ADVISOR’S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. CUNSULT EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS CLIENT/ADVISEES. IF AN ADVISOR DECIDES TO PROVIDE ADVISOR’S SERVICES THROUGH THE USE OF CUNSULT, ADVISOR MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS ADVISOR WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE ADVISOR SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST CUNSULT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES ADVISOR DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF CUNSULT. CUNSULT WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH CUNSULT. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE ADVISOR’S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL CUNSULT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY ADVISOR 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. CUNSULT, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY ACTUALLY PAID TO ADVISORS THROUGH CUNSULT IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. ADVISOR ACKNOWLEDGES AND AGREES THAT CUNSULT DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN CLIENT/ADVISEE IN CONNECTION WITH THE PROVISION OF ANY SERVICES BY ADVISOR (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE ADVISOR AS TO ADVISOR’S QUALIFICATIONS AND ADVICE/GUIDANCE/MENTORING PROVIDED BY THE ADVISOR) THROUGH THE CUNSULT SERVICE AND ADVISOR AGREES TO INDEMNIFY AND HOLD CUNSULT HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM INCLUDING LEGAL FEES AND COSTS. CUNSULT WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN ADVISOR AND AN CLIENT/ADVISEE, INCLUDING ADVISOR FEE AGREEMENT. ADVISOR WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A CLIENT/ADVISEE. ADVISOR FURTHER ACKNOWLEDGES THAT ADVISOR WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY CLIENT/ADVISEE TO WHOM ADVISOR PROVIDES SERVICES AND WHERE THAT CLIENT/ADVISEE SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH CUNSULT, ADVISOR HEREBY RELEASES CUNSULT AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, 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 ATTORNEY’S FEES, WHICH ADVISOR MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
By registering as an Advisor, you the Advisor, represent, warrant and agree to the following:
That the underlying principles on which CUNSULT works is – to facilitate knowledge-sharing between all classes of people to help improve their overall social, academic, skill, career and economic status. Honorarium/fees structures and earnings of Advisors, while relevant, are thus subordinate to this bigger societal imperative and goal of knowledge-sharing for overall development which is aligned to the noble objectives of the Sustainability Development Goals set by the United Nations.
Advisors will accept any call/Cunsultation that may be routed to them by the Admin of CUNSULT on grounds of administrative exigency
At all times you the Advisor will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted in any form on CUNSULT, and will maintain and update all such information during the term of this Agreement (or during the course of your use of the Site) to keep it true, accurate, current and complete. You 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 you practice your profession. You shall not perform services or offer advice/guidance/mentoring in any jurisdiction where you are not authorized, licensed or in good standing to do so.
You will not misrepresent yourself or create a misleading name, profile or qualifications.
The aforementioned is an ongoing affirmative obligation for the Advisor to maintain and update on a regular basis.
You will rigorously accept the honorarium/fees structure (as revised from time to time) by CUNSULT and will not expect or accept any honorarium/fees outside the CUNSULT platform for the service provided on CUNSULT even though you may estimate your advice as being of higher value than what CUNSULT is providing you for your advisory service.
You will accept the format, methodology and rules of rendering advice/guidance/mentoring as may be determined by CUNSULT from time to time.
You will not discriminate between users of this application and platform on grounds of nationality, caste, region, social-economic background, gender, speaking ability or religious affiliation.
In the COURSES/VIDEOS/ARTICLES segment, you take full responsibility for the posts (courses, videos, articles, and comments) that you make. 1234 Intellimap Pvt Ltd (CUNSULT) is not liable for any contents/uploads/posts made by you. You will not post anything inappropriate or vulgar. Whether we are notified or not about any inappropriate comment or post made by You, CUNSULT reserves the right to delete your posts/comments/articles and even debar you from using the CUNSULT platform for such violation.
If you do not put valid bank details, your CUNSULT earnings will remain with CUNSULT.
Advisor’s Code of Ethics
You the Advisor will be solely and fully liable for all conduct, services, advice/guidance/mentoring, postings and transmissions that are made in your communications through this site or under your user name and password on this site. You represent, warrant and declare that while you are using this site as an Advisor, you will act according to the following rules:
Advisor will be solely responsible for the services provided to Client/Advisees
As a platform where Advisor can offer services, CUNSULT is not involved in any transactions between Advisor and Client/Advisees. CUNSULT does not control the accuracy of any postings on the Site or transmissions through it by Client/Advisees. In addition, CUNSULT cannot and will not make any effort to verify the identity of any of its Client/Advisees
Advisor will not mislead Client/Advisees to believe that he or she can provide a service which is outside Advisor’s fields of expertise or an opportunity that the Advisor is not able to offer
All paid interactions between Advisor and Client/Advisee will be billed through CUNSULT. Advisor agrees to abide by the pricing terms set by CUNSULT (also see FAQ)
Advisor will not take any actions which may undermine, disrupt or manipulate the integrity of the Client/Advisee feedback (rating) system on the Site.
Advisor will not interfere with or disrupt the CUNSULT site or servers or networks connected to the Site.
Advisor will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, or any unsolicited mass distribution of e-mail or bulletin board postings unless explicitly authorized by CUNSULT.
Advisor will not transmit through the site any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist/casteist, harmful or otherwise objectionable material of any kind.
Advisor will always appear suitably groomed, respectable and forthcoming.
Advisor will not disobey or breach this Agreement or any other applicable instructions conveyed by CUNSULT or its officers.
Advisor will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
Advisor will not participate in CUNSULT in any manner that is in violation of the rules, regulations or code of conduct of his or her current employer(s), including not divulging any official secrets, restricted, confidential or proprietary information of any sort.
Advisor will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application; or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
Advisor will not impersonate any person or entity, or make any false statement regarding Advisor’s employment, agency or affiliation with any person or entity.
Advisor will not stalk, threaten or harass Client/Advisees or other Advisors or invade or attempt to invade their privacy.
Advisor will not disclose any information that was provided to Advisor by a Client/Advisee and will use his or her best efforts to guard Client/Advisee’s privacy
Advisor agrees to comply with all applicable laws regarding use of CUNSULT. Advisor may not use CUNSULT to solicit the performance of any illegal activity or other activity which infringes the rights of CUNSULT or others. Advisor agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of CUNSULT or any other person’s use of CUNSULT. Advisor may not attempt to gain unauthorized access to any portion or feature of CUNSULT by hacking, password “mining” or other illegitimate method of gaining access to restricted data.
An Advisor becomes an Advisor only after his profile is approved after due scrutiny by CUNSULT as befitting the requirements and broad qualifying parameters – which will be solely at the discretion of CUNSULT whose decision will not be questionable
CUNSULT may review the Advisor’s personal profile and amend any typing or spelling errors. CUNSULT may, in its absolute discretion, remove or refuse to post or transmit in part or full any content uploaded by the Advisor. In such case, CUNSULT may, but is under no obligation to, notify Advisor of such removal or removal or refusal. Without limiting the foregoing, CUNSULT may remove any content violating this Agreement. The Advisor will bear all the risks associated with uploading and transmitting material utilizing CUNSULT, including reliance on its accuracy, reliability or legality
Advisor will not discriminate between users of this application and platform on grounds of nationality, caste, region, social-economic background, gender, speaking ability or religious affiliation
Advisor will read and internalize the Advisor Tutorial (see below) which underlines the behavioral aspects of the expected code of conduct from the Advisor
Advisor will show courtesy and understanding at all times. Some of the clients may be poor at communication, so extreme patience and sensitivity will be necessary to fulfill the objective of this platform and application which is to educate, counsel, mentor, skill and advise others to improve their overall situation and position academically, socially and economically.
If Advisor's green light is on, then it conveys and means that Advisor is agreeable to receiving Cunsultation call instantly without prior notice and has thereby invited the Client to call or open chatroom there and then. In view of that, the Advisor should not refuse to take a call/chat.
Advisor and Client/Advisee Communication
The main purpose of CUNSULT is to provide a platform for registered Advisors to provide Client/Advisees with learning/advice/guidance/mentoring that they seek. By utilizing CUNSULT, Advisors and Client/Advisees can enter into a Cunsultation for advice/guidance/mentoring or an opportunity. CUNSULT may screen, copy, transmit and review any or all communications conducted by or through CUNSULT for technical support and/or to uphold the terms of this Agreement.
CUNSULT makes no claim that the content of the Site is appropriate or may be downloaded outside India. If you access the Site from a location outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct, acceptable content and taxation. By agreeing to the Terms and Conditions, the Advisors outside of India are agreeing that ‘My Earnings’ tab in the Advisor app will be considered as a formal invoice for the purpose of foreign exchange requirements as per the prevailing Reserve Bank of India guidelines. Further, for the Advisors in countries outside India, the money will be transferred to their bank account after deducting processing fee (bank charges), foreign exchange fee or transaction fees (if any) once they have $200 or more in their ‘My earnings’ i.e. they have done Cunsultation worth at least $200. The exchange rate prevailing on the date of money transfer will be considered.
Modifications and Termination of CUNSULT
CUNSULT reserves the right in its sole discretion, and from time to time, to modify or discontinue, temporarily or permanently, the services in CUNSULT, with or without notice to Advisor. Advisor agrees that CUNSULT shall not be liable to Advisor or any third party for any modification or discontinuance to CUNSULT’s services, or for any losses or damages that may result to Advisor or his or her Client/Advisees from such discontinuation or interruption of service.
CUNSULT’s services depend upon different factors such as: software, hardware and communications networks of CUNSULT, its contractors and suppliers, and other factors outside its control. Hence, CUNSULT cannot guarantee that CUNSULT will not be interrupted, or that it will be timely, secure or error-free.
CUNSULT, in its sole discretion and for any or no reason, may terminate Advisor’s participation in CUNSULT and refuse any and all current or future use by Advisor of CUNSULT without assigning any reason or justification whatsoever.
Termination of Account by Advisor
Advisor may terminate their Agreement with CUNSULT at any time by sending an email to firstname.lastname@example.org. CUNSULT shall invalidate Advisor’s user name and password within thirty (30) days of receiving such notice. Advisor may inactivate his or her own account for any desired period of time from within their CUNSULT account. Notwithstanding termination, all obligations of Advisor under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
CUNSULT respects the intellectual property of others, and we ask our Advisors to do the same. CUNSULT may, in appropriate circumstances and at its discretion, terminate the account or access of those who infringe the intellectual property rights of others.
CUNSULT grants Advisor a nonexclusive, revocable right to use CUNSULT provided that Advisor does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
Advisor will indemnify, defend and hold harmless, CUNSULT and 1234 INTELLIMAP PRIVATE LIMITED, and their members, managers, employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against CUNSULT or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Advisor according to this Agreement; (b) Advisor’s provision of services to any third party, regardless of whether or not they are Client/Advisees of the CUNSULT service; or (c) any materials that Advisor has posted to CUNSULT and/or any content on Advisor’s Web site or otherwise provided to Client/Advisees. Advisor represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Advisor, including, without limitation, professional liability insurance applicable to the legal and medical professions.
As regards lawyers, it is clarified that their presence in this portal is not meant to be an advertisement for them in the pursuit of their profession. They are there only to assist students and other information seekers in their quest for academic and other preliminary knowledge.
Advisor shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of CUNSULT. Any purported assignment by Advisor without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
CUNSULT may change this Agreement (including fee structure payable to Advisor and charged to Client) without prior notice and duly posting modifications on the Site. Any loss of service fee or payment related issues due to incorrect bank details shall be the sole responsibility of the Advisor. Unless otherwise specified by CUNSULT, all modifications shall be effective upon posting. Therefore, Advisor is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Advisor agrees to be bound by such changes to the Agreement. If Advisor does not agree to the changes, Advisor may terminate access to the Site and participation in CUNSULT by following the procedures set forth above.
The Advisor may report any violation of this Agreement to email@example.com.
Give your best while also Earning. GIVE, GIVE UNTIL IT HURTS: Mother Teresa
Tap Upcoming Cunsultations: When you check Upcoming Cunsultations a green indicator will be seen against your profile and the Client will be conveyed that you are available for live call or chat for the next 30 minutes. Upcoming Cunsultations will also show Cunsultation requests.
The Advisor should be gentle, articulate and punctual. Advisor should read the 'Advisor Tutorial' by going to 'Settings' and then clicking on 'Terms and Conditions.' At the bottom is the 'Advisor Tutorial'. It is recommended that advisors should check their 'Upcoming Cunsultations' thrice a day -- once in the morning, once in the afternoon and once in the evening to take stock of any pending requests for cunsultation. It would help establish the credibility and responsiveness of the Advisor and encourage more Clients to request appointments with the Advisor.
Prepare Well: Study various facets of the subjects you have expertise in (Read SAMPLE QUESTIONS relevant to your subject)
Be Punctual: As an Advisor, if you are punctual in your scheduled availability it will motivate the clients to take you seriously
Keep notepad and pen at hand if possible: this will help in long and continued discussions
Exchange Greetings: it helps the Cunsultation to start on a pleasant and positive note
Modulate the Speed: to help the client settle down don’t keep the pace of conversation too fast
Be an Attentive listener: listen as much as you can before replying
Keep it conversational: keep the language simple and easy to understand
Support with right Gestures: use positive sounds and words like: “Yes,” “I understand,” “I appreciate,” “Sure,” “Tell me more,” “Of course,” “Anything else you want to know?” “Did you find this useful?”
Focus: on Client issues so that you can give the best possible advice
Clarify: When the client is unable to explain an issue, politely ask him to tell you more; questions should not be in an interrogative tone: “Why did you not do it then?” Instead a better way would be to ask “How could you have done it better?”
Summarize: before beginning to give advice, you should summarize the queries of the client so that they agree with the line of discussion that is to follow: “So What you are asking is … “
Be Honest: If you don’t know a subject well, say that you can study/research it and you can tell the client to call back at another suitable time. Or, you can ask the client to seek out another advisor
Research Well: If you tell a Client that you don’t know the answer and to call back at a later date then research the topic well to ensure preparedness. Make short notes. Let the client learn beyond mere textbook knowledge
Empathize with the Client: in case the Client lacks high education, insight and has poor knowledge of a subject be sympathetic. Make an effort to help the client understand
Avoid Social Markers: do not ask a Client about their caste, religion, economic status etc.
Be Sensitive: about the background, personal dilemmas and difficulties that the client faces. Remember, You may be the first experienced person they are ever speaking to!
Sign in/off with pleasantries: Mature wisdom demands that you take the lead in wishing the client even if he doesn’t do that – this too is part of the learning for him
Earn Respect: Don’t get irritated at a client (remember Client is paying for this service); Don’t use inappropriate language however appropriate it may sound; don’t be dismissive of any client however weak he may sound; don’t abruptly end the Cunsultation before 2 minutes (unless the clients end the Cunsultation themselves)
Don’t Ask Client to reach you Outside the CUNSULT Platform without approval of CUNSULT: doing that would harm the sanctity of this platform and you will risk being suspended from using it
Most importantly: Listen to your Conscience: Remember you are here to HELP PEOPLE IMPROVE THEIR PROSPECTS in life and that YOU WILL GET COMPENSATED. You are getting paid, but more than that think of the BLESSINGS/GOODWILL YOU WILL EARN – Imagine what satisfaction and sense of pride you will get if people you have advised become as successful as -- APJ Abdul Kalam, an Albert Einstein, an Indira Nooyi, a Bill Gates or a Barack Obama
When an Advisor buys a Course the refund policy and cautions applicable for Clients will apply.
A Client who is convinced that they deserve a refund can write to CUNSULT at firstname.lastname@example.org giving full justification for seeking a refund. CUNSULT will examine representations on a case by case basis. Refunds where applicable is only valid for the minutes purchased from CUNSULT. All Courses’ purchases are non-refundable.
Clients are expected to
(A) choose their Advisors appropriately
(B) communicate in a manner which will bring out the best in an Advisor
(C) ensure that their internet connectivity is effective during the cunsultation
(D) be prepared adequately to be able to comprehend the Advisor
(E) Buy the courses afer watching the course promo and reading the course description.
Client can even consult (call/chat) with the Author using the Cunsult app to know more about the course.