Terms and Conditions

Last Updated: August 11, 2025

1. AGREEMENT TO TERMS

By accessing and using the website https://occultbhagvat.com/ (“Website”), you agree to be bound by these Terms and Conditions (“Terms”) and acknowledge that you have read, understood, and agree to comply with all applicable laws and regulations.

By BOOKING the services you confirm that you:

• Understand the strict no-cancellation, no-refund policy; and
• Agree to waive any statutory cooling-off period where legally permissible.

Service Provider Details:

• Name: Mr P K Bhatacharjee (Individual Practitioner)
• Address: SHOP NO: CD02-98, 2ND FLOOR, CORPORATION MARKET, 212, Rash Behari Ave, Golpark, Fern Place, Gariahat, Kolkata, West Bengal 700019
• Contact: Phone: +91 91432 38012, Email: occultbhagvat@gmail.com
• Service Hours: Response time: 10:00 AM to 6:00 PM IST

2. SERVICES PROVIDED

2.1 Nature of Services

Owner provides astrology consultation services (“Services”) including but not limited to:

• Personal horoscope readings
• Astrological consultations
• Birth chart analysis
• Predictive astrology services
• General astrological guidance
• Palm analysis for Palmistry services

2.2 Service Delivery

Consultations are provided exclusively via voice call on:

• WhatsApp
• Zoom
• Google Meet

The service provider may initiate the call using provided contact details.

3. IMPORTANT DISCLAIMERS AND LIMITATIONS

3.1 Purpose

IMPORTANT NOTICE: All astrological services, predictions, consultations, and advice provided are for guidance, and spiritual purposes only. They are NOT intended as:

• Medical, legal, or financial advice
• Guaranteed predictions of future events
• Substitute for professional consultation in any field
• Decision-making tools for critical life choices

3.2 Personal Responsibility

You acknowledge and agree that:

• All decisions made based on consultations are entirely your own
• You will not hold the service provider liable for any outcomes
• You understand the speculative nature of astrological services
• You are seeking services voluntarily for guidance purposes only
• You are at least 18 years of age or have parental consent
• The service provider reserves the right to refuse consultation to any client for any reason without providing specific justification

4. BOOKING AND PAYMENT TERMS

4.1 Payment Processing

• All payments are processed through PayPal and other authorised banking channels
• Payment must be completed before service delivery
• All prices are displayed in the currency specified on the website
• All sales are final—payments represent a commitment to the scheduled consultation

4.2 Payment Security

• We do not store your payment information
• PayPal and other authorised banking services handles all payment data according to their security standards

4.3 International Payments

• Services are available internationally
• Currency conversion (if applicable) is handled by PayPal or authorised banking channels regulated through applicable laws
• Additional fees may apply as per international transaction policies of the mentioned channels as per section 4.1

4.4 Scheduling and Timings

• The scheduling of services and all session timings are not fixed by the booking calendar and shall only be confirmed upon mutual agreement between the Client and the Consultant.
• Both parties will use reasonable discretion and good-faith efforts to agree on dates and times.
• Any slots shown in the booking system are indicative only and do not constitute a confirmed appointment

4.5 Language

• LANGUAGE OF CONSULTATION WILL BE IN HINDI OR ENGLISH ONLY

5. STRICT NO-CANCELLATION AND LIMITED RESCHEDULING POLICY

5.1 Client Cancellation Rights

IMPORTANT: Clients CANNOT cancel their booked consultations for any reason. All bookings are final and non-refundable once payment is processed. This policy supersedes any general consumer cancellation rights where legally permissible.

• Any rights to cancel provided under mandatory local law will be honoured to the minimum extent required.

5.2 Consultant Cancellation Rights

ONLY the consultant (Mr P K Bhatacharjee) reserves the exclusive right to cancel appointments at his sole discretion, including but not limited to:

• Emergency situations
• Technical difficulties preventing service delivery
• Health or personal emergencies
• Client behavior deemed inappropriate or disrespectful
• Force majeure events
• Scheduling conflicts beyond consultant’s control

5.3 Limited Rescheduling Option

• Clients may request ONE (1) rescheduling opportunity only per booking
• Rescheduling requests must be submitted minimum 6 hours before the scheduled appointment time in IST
• Rescheduling requests MUST be sent via email only to occultbhagvat@gmail.com
• Email must include original booking details and preferred new time slots
• No rescheduling requests will be accepted through phone, WhatsApp, or any other communication method
• No multiple rescheduling—only one rescheduling per booking is permitted
• Failure to attend the rescheduled appointment forfeits all rights to further rescheduling
• Rescheduling is granted at consultant’s sole discretion and is not guaranteed
• Rescheduling is subject to reasonable discretion based on availability and service feasibility.

5.4 No-Show and Late Policy

• No refunds for client no-shows or late arrivals
• If client is unreachable at scheduled time, consultation is considered forfeit
• No make-up sessions will be provided for missed appointments
• Consultations will not be extended beyond scheduled duration due to client’s late arrival

5.5 Refund Processing (Consultant Cancellations Only)

• Refunds only apply when consultant cancels the appointment
• Full refund minus processing fees and currency conversion charges applied during the original transaction
• Refunds processed within 5–7 business days through original payment method
• No partial refunds will be provided under any circumstances
• A rescheduled appointment may also be offered

5.6 Emergency Exceptions

While our policy is strict, the consultant may, at his sole discretion, consider rescheduling in extraordinary circumstances such as:

• Medical emergencies requiring hospitalization (documentation may be required)
• Natural disasters or severe weather conditions affecting ability to connect
• Government-imposed restrictions affecting client’s ability to attend

Such exceptions are entirely at the consultant’s discretion and are not guaranteed. No documentation of emergency circumstances creates any obligation to reschedule.

6. INTERNATIONAL LEGAL COMPLIANCE

6.1 India Consumer Protection Act 2019 Compliance

• Services are provided from India and primarily governed by Indian law
• Under the Consumer Protection Act 2019, certain cancellation rights may apply to goods but consultation services are explicitly excluded from these protections
• No cooling-off period applies to astrological consultation services

6.2 EU Consumer Rights Directive Considerations

For clients located in the European Union:

• EU Consumer Rights Directive cooling-off periods (14 days) are expressly waived for consultation services as they fall under the exception for services fully performed with consumer’s express consent
• By booking, EU clients explicitly consent to immediate performance of services
• Digital content and services consultation exceptions apply—no withdrawal rights exist once service has been provided
• This waiver is legally valid under Article 16(1) of Directive 2011/83/EU

6.3 US and Canada Consumer Protection

For clients located in the United States and Canada:

• Federal Trade Commission Cooling-off Rule applies to sales over $25 made away from seller’s permanent location, but does not apply to services provided via telephone or internet
• Provincial cooling-off periods in Canada do not typically apply to professional consultation services provided remotely
• State laws may vary, but professional services are generally excluded from consumer goods cancellation rights

6.4 International Override Clause

Where local consumer protection laws may conflict with these terms:

• Clients explicitly waive maximum allowable cancellation rights where legally permissible
• Services are provided on an “as contracted” basis with full advance disclosure of no-cancellation policy
• Alternative remedy—clients unsatisfied with service quality may request clarification session (at consultant’s discretion) but no refunds

7. DATA COLLECTION AND PRIVACY

7.1 Information Collection

We collect the following information:

• Personal Information: Name, email address, phone number
• Technical Information: IP address, browser type, device information
• Consultation Data: Birth details, questions, consultation records

7.2 Third-Party Tools

Our website uses:

• LatePoint: Appointment booking system
• SureForm: Contact form management
• SureRank: SEO and analytics tracking
• Google Analytics: Website performance tracking
• Hostinger: Web hosting services

7.3 International Data Transfers

• Your data may be transferred internationally for service delivery
• We try our best to comply with applicable data protection laws in India, EU/UK, US, and Canada based on available infrastructure and resources
• Appropriate safeguards are in place for international transfers

7.4 Customer Communications and Contact

By providing contact details (including name, email address, telephone number, WhatsApp number, and in-app identifiers), you authorize us to contact you for account administration, booking and scheduling, order processing, service delivery, billing and payment matters, verification or clarification of information, security and fraud prevention, customer support, service updates, and notices of changes to these Terms or our Privacy Policy.

7.5 Methods of Contact

We may contact you via email, telephone, SMS/text, WhatsApp, voice calls (including via Zoom or Google Meet invitations or WhatsApp), or other reasonable means using the contact details you provide. Message and data rates may apply for SMS/text or WhatsApp.

7.6 Accuracy of Contact Information

You agree to provide accurate, current, and complete contact information and to promptly update us of any changes. We are not responsible for any loss or delay arising from your failure to maintain accurate contact details or to monitor your inboxes (including spam/junk folders).

7.7 Service vs. Marketing Communications

• Service/Transactional: We may send service-related communications (e.g., booking confirmations, reminders, rescheduling notices, security alerts, and changes to Terms/Privacy Policy) regardless of marketing preferences, as they are necessary to perform the Services or comply with law.
• Marketing/Promotional: We will send marketing communications only in accordance with applicable laws and our Privacy Policy. Where required, we will obtain your opt-in consent. You may opt out at any time using the unsubscribe mechanism in the message. Opting out of marketing does not affect transactional communications.

7.8 Jurisdiction-Specific Compliance

• India: We comply with applicable telecom/Do-Not-Disturb (DND) rules and information technology regulations for electronic communications, including sender identification and opt-out requirements.
• EU/UK: For service communications, our legal basis may be contractual necessity or legitimate interests. Marketing to individuals requires prior consent where mandated by e-privacy/PECR rules. Users have GDPR rights (access, rectification, erasure, restriction, objection, portability) as applicable. International transfers rely on appropriate safeguards.
• US: Telemarketing/SMS outreach complies with applicable federal and state rules, including consent, identification, and opt-out requirements. Promotional messages are sent only in compliance with law (e.g., TCPA).
• Canada: Commercial electronic messages comply with CASL, including consent, sender identification, and unsubscribe requirements.

7.9 Recording/Monitoring of Support Communications

Where permitted by law, we may record or monitor customer support interactions (calls, chats, or meetings) for quality assurance, training, and compliance. If recording requires consent in your jurisdiction, we will obtain such consent before recording. Unauthorized recording by clients is prohibited unless expressly permitted under Section 8.3.

7.10 Use of Third-Party Communication Providers

We may use third-party processors to facilitate communications (e.g., email, SMS, WhatsApp, telephony, conferencing providers), subject to appropriate contractual safeguards. Processing will be carried out in accordance with our Privacy Policy and applicable data protection laws. International transfers will be protected by appropriate safeguards where required.

7.11 Notices and Deemed Receipt

Important notices (including security alerts, material changes to these Terms, or service interruptions) will be sent to your most recent contact details on file and are deemed received when sent. You are responsible for ensuring your contact information is current.

7.12 Preference Management and Withdrawal of Consent

Where technically available, you may manage certain contact preferences (e.g., marketing opt-out) via links provided in messages or by contacting us at occultbhagvat@gmail.com. Where consent is the legal basis (e.g., marketing in certain jurisdictions), you may withdraw consent at any time without affecting the lawfulness of communications sent before withdrawal. Withdrawal of marketing consent does not stop transactional messages necessary to provide the Services.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Service Provider’s Rights

All content, materials, consultations, and intellectual property remain the exclusive property of Mr P K Bhatacharjee, including:

• Astrological interpretations and readings
• Consultation methodologies
• Website content and design
• Proprietary astrological techniques

8.2 User Restrictions

You agree NOT to:

• Record consultations without express written permission
• Share, distribute, or commercialize consultation content
• Reverse engineer or copy astrological methodologies
• Use services for competitive purposes
• Misrepresent or publicly defame the consultant or services provided

8.3 Recording

Clients may record consultations only after:

• Explicitly requesting permission before the session, and
• Receiving express, documented consent from the service provider

Where your local law allows one-party consent to recording, you must still comply with this contractual requirement to seek permission.
We reserve the right to record with your consent for quality and legal purposes.
Any unauthorized recording is strictly prohibited and may result in immediate termination of services.

9. USER CONDUCT AND RESPONSIBILITIES

9.1 Acceptable Use

Users must:

• Provide accurate information for consultations
• Maintain respectful communication at all times
• Use services for intended purposes only
• Comply with all applicable laws
• Be punctual for scheduled appointments

9.2 Prohibited Activities

Users must NOT:

• Use abusive, threatening, or inappropriate language
• Attempt to obtain free services through false claims
• Share login credentials or booking confirmations
• Use services for unlawful purposes
• Make false claims about service quality or outcomes
• Publicly defame or slander the consultant
• Demand guarantees about predictions or outcomes

9.3 Consultant’s Right to Refuse Service

The consultant reserves the absolute right to refuse service to any client who:

• Displays disrespectful or inappropriate behavior
• Makes unreasonable demands or guarantees
• Has previously violated these terms
• Poses a threat to the consultant’s professional reputation
• Engages in harassment or inappropriate conduct

10. ENHANCED LIMITATION OF LIABILITY

10.1 Absolute Liability Cap

CRITICAL: Our maximum liability for any claim is strictly limited to the amount paid for the specific consultation giving rise to the claim. Under no circumstances shall our total liability exceed this amount.

10.2 Comprehensive Excluded Damages

We shall NOT be liable for:

• Indirect, incidental, consequential, or punitive damages
• Lost profits, business opportunities, or revenue
• Emotional distress, mental anguish, or psychological harm
• Life decisions made based on consultations
• Third-party claims or damages
• Opportunity costs or missed opportunities
• Relationship or marriage decisions
• Career or business decisions
• Investment or financial decisions
• Health-related decisions or outcomes

10.3 Force Majeure and Technical Issues

We are NOT liable for delays, failures, or service interruptions due to:

• Natural disasters, pandemics, or emergencies
• Government restrictions or regulations
• Internet, technology, or communication failures
• Power outages or infrastructure issues
• Third-party service provider failures (PayPal, hosting services, etc.)

10.4 Astrology-Specific Disclaimers

You expressly acknowledge and agree that:

• All predictions, assessments, and recommendations are based on the consultant’s personal insights and professional judgment, and rely on the accuracy and completeness of the information provided by you. Accordingly, the consultant disclaims, to the fullest extent permitted by law, any liability for errors, omissions, or inaccuracies arising from or related to such information or the resulting predictions
• Your reliance on astrological advice is entirely at your own discretion

11. DISPUTE RESOLUTION AND JURISDICTION

11.1 Mandatory Arbitration

ALL DISPUTES arising from or related to these Terms or Services shall be resolved through:

• Binding arbitration conducted in Kolkata, West Bengal, India
• Arbitration under the Arbitration and Conciliation Act, 2015
• Single arbitrator appointed by mutual consent
• Arbitration proceedings in English language
• YOU WAIVE YOUR RIGHT TO JURY TRIAL
• Mandatory consumer protections in any country remain unaffected.

11.2 Pre-Arbitration Resolution

Before initiating arbitration, parties must attempt resolution through:

• Direct communication via email or phone
• Good faith negotiation for 30 days
• Mediation if mutually agreed upon

11.3 Exclusive Jurisdiction

If court proceedings become necessary:

• EXCLUSIVE JURISDICTION: Courts in Kolkata, West Bengal, India
• GOVERNING LAW: Laws of India
• All legal notices must be served at: SHOP NO: CD02-98, 2ND FLOOR, CORPORATION MARKET, 212, Rash Behari Ave, Golpark, Fern Place, Gariahat, Kolkata, West Bengal 700019

11.4 Class Action Waiver

YOU WAIVE THE RIGHT to participate in class action lawsuits or class‐wide arbitrations against us.

12. TERMINATION

12.1 Termination Rights

The consultant may terminate:

• Individual consultations at sole discretion
• Ongoing service relationship with or without notice
• Client access to website services immediately

Clients may NOT terminate confirmed appointments but may choose not to book future services.

12.2 Effect of Termination

Upon termination:

• Outstanding payments remain due and non-refundable
• Confidentiality obligations survive
• Dispute resolution clauses remain effective
• Data retention follows Privacy Policy guidelines

13. MODIFICATIONS AND UPDATES

13.1 Right to Modify and notification

We reserve the right to modify these Terms:

• With NO advance notice being provided
• Any changes will be effective upon posting the updated Terms, as indicated by the “Last Modified” date at the top of the Terms
• And by displaying a banner in the footer of our Website
• Your continued use of the services after such posting constitutes your acceptance of the revised Terms.

14. PROFESSIONAL SERVICE PROTECTIONS

14.1 Business Insurance and Professional Standards

• The consultant maintains appropriate professional liability insurance where available
• Services are provided in accordance with generally accepted astrological practices
• Client understands that astrology is not regulated like licensed professions

14.2 Service Quality Commitment

While we do not guarantee outcomes, we commit to:

• Conducting consultations professionally and respectfully
• Providing services as described in booking materials
• Maintaining confidentiality of client information
• However, dissatisfaction with content or predictions does not constitute grounds for refund

15. MISCELLANEOUS PROVISIONS

15.1 Severability

If any provision is deemed invalid or unenforceable:

• Remaining provisions remain in full effect
• Invalid provision will be modified to achieve intended purpose
• Overall agreement remains valid

15.2 Entire Agreement

These Terms constitute the complete agreement regarding Services and supersede all prior agreements, representations, or understandings.

15.3 No Waiver

Failure to enforce any provision does not waive our right to enforce it later or any other provision.

15.4 Assignment

• You may not assign these Terms without written consent
• We may assign these Terms to affiliates or successors
• Assignment does not affect your rights under these Terms

15.5 Survival

The following provisions survive termination:

• Payment obligations and no-refund policy
• Intellectual property rights
• Limitation of liability
• Dispute resolution clauses
• Confidentiality obligations

16. CONTACT INFORMATION

For questions about these Terms, contact us:

Mr P K Bhatacharjee
SHOP NO: CD02-98, 2ND FLOOR, CORPORATION MARKET, 212, Rash Behari Ave, Golpark, Fern Place, Gariahat, Kolkata, West Bengal 700019
Phone: +91 91432 38012
Email: occultbhagvat@gmail.com
Response Hours: 10:00 AM to 6:00 PM IST

Legal Notices Address:
Same as above—all legal correspondence must be sent to the physical address.

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ACKNOWLEDGMENT:
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You confirm that you are of legal age to enter into this agreement and have the authority to accept these Terms on behalf of any entity you represent. You specifically acknowledge and agree to the strict no-cancellation policy and understand that all bookings are final and non-refundable. You expressly waive any cooling-off period or cancellation rights that may otherwise apply under consumer protection laws where legally permissible.