Last Updated: October 30th, 2018.
- ACCEPTANCE AND PROCEDURE
- UPDATES TO THESE TERMS
- RULES OF SERVICES
- AUTHORIZED USE
- INTELLECTUAL PROPERTY RIGHTS
- USER-SUBMITTED INFORMATION
- ACCOUNT AND REGISTRATION
- FEES AND PURCHASE TERMS
- UPDATES TO THE COMPANY PROPERTIES
- THIRD PARTY SERVICES
- DISCLAIMER – NO PROFESSIONAL ADVICE
- LIMITATIONS OF LIABILITY
- NOTICE OF COPYRIGHT INFRINGEMENT
- CHILD PRIVACY
- DISPUTE RESOLUTION; INJUNCTIVE RELIEF
- INTERNATIONAL USERS
- GENERAL PROVISIONS
- CONTACTING THE COMPANY & SUBMISSIONS
TELEMAQUE SAS offers psychic and astrological entertainment services in the following manner: telephone and chat psychic readings (collectively, the “Services”). The Services may also include, although not mandated by TELEMAQUE SAS, publishing newsletters, blogs, horoscopes and providing other psychic and astrological content (collectively, the “Content”) to its users (“Customers” and/or “You”).
The Services and the Sites are provided by TELEMAQUE SAS (the “Company,” “We,” or “TELEMAQUE SAS”) for entertainment purposes only.
You must be eighteen (18) years of age or older to open an account (“Account”) or register (“Registration”) and get psychic readings and related services (collectively, “Readings”), and to sign up to receive horoscopes and newsletters. Please see Article 19 if you are a Minor.
TELEMAQUE SAS wants You to enjoy and benefit from Your Readings. Our psychic readers make every effort to provide You with helpful advice. However, this information should not be used in place of any recommendations by medical, legal or financial professionals or other professional counselors. It is Your responsibility to evaluate any information, opinion, advice or other content provided through the Sites or in conjunction with the Services.
2. ACCEPTANCE PROCEDURE
4. UPDATES TO THESE TERMS
5. RULES OF SERVICES
Not for Use in Certain Jurisdictions
The Services and the Sites may not be used by residents of any jurisdiction where such use is prohibited.
Communication with psychic readers
TELEMAQUE SAS is not responsible for any telephone and/or online charges you may incur as a result of and/or in connection with services provided by TELEMAQUE SAS.
You agree that You will not send chat messages (either online or through mobile applications) which may include statements that are abusive, discriminatory, defamatory, obscene, pornographic or otherwise inappropriate.
Please do not disclose to a psychic reader, including but not limited to, Your last name, telephone number, any Social Network account or information, Your account number, username, PIN or password, or any personal contact details during a psychic reading. Please note that psychic readers will not ask You for any of the foregoing information.
Account and registration
To access Chat Psychic Readings, You must create an Account (on websites, within mobile applications). While on the Mobile Application, the Customer does not need to create an account and may proceed anonymously, please note that an account will still be created for purposes of receiving Services.
To access Telephone Psychic Readings, You must register within our Customer Service Center (“Registration”); call our Customer Service and talk to a Customer Representative.
You certify that the information given to TELEMAQUE SAS upon opening Your Account or/and Registration, as well as all changes You make to Your account or/and Registration, are true and complete. TELEMAQUE SAS will not be responsible for any false statements You make in connection with Your Account or/and Registration.
Payment and Charges
You agree to pay for all Services, including Readings (by chat or by phone), purchased using Your Account or/and Registration in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Charges for telephone psychic reading are calculated based on full-minute increments, and the length of a Reading is rounded up to the next full-minute at the end of each Reading.
Charges for chat psychic reading are calculated on a per-message basis and correspond to one credit per message sent.
For all purchases of Services, You agree that You will use only credit cards, debit cards, PayPal accounts, or other payment mechanisms for which You are the card or account holder.
Confidentiality of Account Information
You agree to maintain the confidentiality of Your Account information, including Your password (“Password”) and personal identification number (“PIN”), and to notify the Company of any unauthorized use of Your Account, Password or PIN, or any other breach of security.
Account and Credits, Credit Packages (Chat Psychic Reading Service only)
To access Chat Psychic Reading Service (either online or through mobile applications) , You must purchase or receive “credits” which will be deposited into Your Account. Any balance associated with Your Account will be denominated in credits rather than U.S. Dollars or another currency. Credits can only be used to access Chat Psychic Reading. Credits have no cash value and are not redeemable for cash except to the extent required by law. Credits are issued by the Company. However, the Company may in its discretion assign any obligations it may have with respect to Credits to an affiliate or third party, without recourse. In the event of any such assignment, You agree that such assignee, and not the Company, shall be solely liable to You with respect to the Credits.
You may add Credits to Your Account by purchasing a package of Credits (a “Credit Package”). You may purchase a Credit Package solely on Websites or Mobile Applications.
You may also receive promotional Credits through special programs or through other offers, Customer accommodations, or for other reasons, as discussed further below.
To redeem Your Credits for Services, Your Account must be active.
Package purchases and Credits balances are not refundable (except in the limited instances explained below regarding Our Satisfaction Guarantee), and they may only be redeemed for Services.
Accounts only remain active and valid for a period of one year from the date of Your last purchase of a Package or Your most recent Reading. However, as noted above, Your Credits do not expire and may be redeemed by You after Your Account has become inactive, provided that You successfully reactivate Your Account. You may reactivate Your Account by calling our Customer Service.
Registration and Pay Per Minute, Minute Packages (Telephone Psychic Reading only)
To access Telephone Psychic Reading Service, You must pay per minute (pay per minute mode) or use purchased minute packages (“Minute Package”, package follow-up mode) to connect to any reader. Once Your purchased minutes have been spent, You will be charged standard rates per minute or will have the option to purchase minute packages.
Please note that if You terminate the call before the end of any special offer package purchased or offered, You will lose such remaining minutes. TELEMAQUE SAS does not give refunds on such remaining minutes. Special package offers are not compatible with minute package usage. At the end of the special offer package purchased or offered, You will hear a bell alerting You that the special offer package is terminated and that You will be charged per minute based on standard rates or will have the option to purchase minute packages.
The Minute package is valid one (1) year from the date of purchase. Once expiration date is reached, a package is no longer valid and cannot be used and You will lose remaining minutes. TELEMAQUE SAS does not give refunds on such remaining minutes.
You expressly understand and agree that You are responsible for any time spent on the phone and/or chatting with psychic readers. Neither TELEMAQUE SAS nor any of its affiliates (including parent or subsidiary companies), will be liable to You for failure to inform You of the end time of Your telephone and/or Chat Psychic Reading.
For more information on billing practices and/or Credit/Minutes Packages and/or special offers, call Our Customer Service at the numbers at the end of these Terms.
Recording and Retention of Readings
Refusal of Services
Our Satisfaction Guarantee
We don’t guarantee that psychic readers’ predictions will come true, but we do our best to ensure that You enjoy the Readings. To ensure Your satisfaction with Your Reading experience, we offer a guarantee as specified hereunder.
Chat psychic reading only:
Specifically, we will credit Your Account with Credits in accordance with the following guidelines:
- If You make a request within 24 hours, we will credit Your Account in Credits for an amount determined at the sole discretion of TELEMAQUE SAS based on the circumstances.
- Any such amount will be based on the type of Credit Packages purchased; provided, however, that no credit granted can exceed the number of credits of the largest Credit Package. Credit requests are limited to one unsatisfactory paid Reading per month.
Telephone psychic reading only:
Specifically, we will grant You phone reading minutes in accordance with the following guidelines:
- If You make a request within 24 hours, we will grant You phone reading minutes for an amount determined at the sole discretion of TELEMAQUE SAS based on the circumstances.
- Any such amount will be based on the duration of the reading in question; provided, however, that no minutes granted can exceed the number of minutes of the reading in question. Credit requests are limited to one unsatisfactory paid Reading per month.
This satisfaction guarantee is valid once per month, per customer, per reader and does not apply to Readings with readers for whom You have received any Credit in the past from this guarantee.
No cash refunds will be provided for any reason.
For us to issue a Credit to Your Account, You must have an Account or a Registration that is active and in good standing.
Only genuine issues relating to Your satisfaction with the Reading in question (as determined in TELEMAQUE SAS’s sole discretion) will be considered for a Credit request. We reserve the right to refuse to issue a Credit.
Discounts and Offers
Unless otherwise specifically provided, all coupons, discounts and special offers are non-transferrable, valid for a limited period of time, can be used only once per Customer, and may not be combined with any other coupon, discount or special offer. Unless otherwise specifically provided, introductory offers are valid only for new Customers on their first purchase or usage of the Services and/or the Sites. There is a limit of one introductory offer per person, credit card, phone number, address, and email, and anyone who attempts to circumvent this limitation may be refused service and subject to liability.
Any non-promotional Credits/Minutes in Your Account/Registration (i.e., those purchased as part of a Package) will be applied to Your purchase/usage of Services before any promotional or/and credit Credits/Minutes are applied.
6. AUTHORIZED USE
Your right to use the Sites and the Services, and all Content made available by the Company, its suppliers, and/or advertisers on or in, or purchased through, the Company (collectively, the « Company Property ») is personal to You. You are permitted to use the Company Property solely for Your own personal use. You are solely responsible for the contents of Your transmissions through the Company Property. Your use of the Company Property is subject to all applicable local, state, national and international laws and regulations.
- (a) to comply with all applicable statutes, orders, regulations, rules, and other laws, including such laws regarding the transmission of technical data exported from the United States through the Company Property;
- (b) not to use the Company Property for any fraudulent or illegal purposes;
- (c) not to take any action to interfere with the Sites and/or Services or any other Customer’s use of the Sites and/or Services and to respect the rights and dignity of others;
- (d) not to interfere or disrupt networks connected to the Company;
- (e) to comply with all applicable regulations, policies and procedures of networks connected to the Company Property;
- (f) not to use any data mining, robots or similar data gathering and extraction methods in connection with the Company Property;
- (g) not to post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Sites and/or Services any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
- (i) not to sell, resell or otherwise exploit for any commercial purposes any portion of, the use of or access to the Sites and/or Services without the prior written consent of the Company;
- (j) not to impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Sites and/or Services, or express or imply that we endorse any statement You make;
- (k) not to post or otherwise transmit messages that may tend to restrain trade, or encourage or facilitate an agreement on: prices, discounts, terms or conditions of sale; allocation of markets or territories; or selection, rejection, or termination of business relationships or suppliers;
- (l) not to remove any copyright, trademark or other proprietary rights notice from the Sites or other Company Property;
- (m) not to violate or attempt to violate the security of the Sites;
- (n) not to disseminate on the Sites any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- (q) not to frame or utilize framing techniques to enclose any trademark, logo, or other Company Property (including images, text, page layout or form) of the Company;
- (r) not to use any metatags or other « hidden text » using the Company’s name or trademarks;
- (s) not to modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Property except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- (t) not to use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to « scrape » or download data from any web pages contained in the Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); and
- (u) not to access the Company Property in order to build a similar or competitive websites, mobile applications or services.
Subject to Your compliance with the Terms herein, the Company grants You a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile Application and/or the Sites on a single mobile device or computer that You own or control and to run such copy of the Mobile Application solely for Your own personal or internal business purposes. Furthermore, with respect to any application accessed through or downloaded from the Apple App Store (an « App Store Sourced Application »), You will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the « Usage Rules » set forth in the Apple App Store
7. INTELLECTUAL PROPERTY RIGHTS
Any rights not expressly granted herein are reserved.
8. USER-SUBMITTED INFORMATION
You are responsible for any content that you upload, post, email, transmit or otherwise make available on or through the Company Property, whether publicly posted or privately transmitted (“Customer Content”). You agree, represent and warrant that any Customer Content you transmit through our Sites or to the Company is truthful, accurate, not misleading and offered in good faith, and that You have the right to transmit such Customer Content. You shall not upload, post or otherwise make available on or through the Sites any Customer Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from such a submission. We do not want You to, and You should not, send any confidential or proprietary content to us unless specifically requested by us. Please note that any unsolicited content sent to the Company will be deemed not to be confidential or proprietary.
You agree not transmit through our Sites on or through the Company Property any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. We may (but have no obligation to) to remove any content you transmit through our Sites for any reason (or no reason). In addition, if we become aware of any possible violations by you of any provisions of the Terms, TELEMAQUE SAS reserves the right to investigate such violations and we may, at our sole discretion, immediately terminate your license to use the Company Property, or change, alter, or remove content you transmit through our Sites, in whole or in part, without prior notice to You.
By submitting Customer Content, other than personally identifiable information, you grant to the Company (or warrant that the owner of such Customer Content has expressly granted to the Company) a non-exclusive, worldwide, royalty-free, transferable, and sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights You have in the Customer Content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the Company, its sublicensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or any other right of any third party: Your provision of Customer Content to the Company, your posting of Customer Content using the Services and/or the Sites, and the use of such Customer Content (including of works derived from it) by TELEMAQUE SAS, its Customers, or others in contract with TELEMAQUE SAS is done in connection with the Services and in compliance with these Terms.
9. ACCOUNT AND REGISTRATION
In consideration for the Personalized Services, You agree to:
- (a) provide certain current, complete, and accurate information about Yourself as prompted to do so by the Company; and
You acknowledge that some of the Services and Content may be provided by third party suppliers and not by the Company.
The Company reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Sites and Your account or/and Registration, including without limitation, closing Your account, cancel Your Registration, changing Your Password or requesting information to authorize transactions on Your account.
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
The Company does not permit the Services to be used by temporarily or indefinitely suspended Customers. In addition, the Company does not permit use of the Services by residents (a) of any jurisdiction that may prohibit our Services or (b) of any country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens. Such countries may include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan. If You do not qualify, do not use the Services.
9.3 Customer Account Data.
You are responsible for all uses of Your account, whether or not actually or expressly authorized by You. You may change Your password by following instructions on the Sites. You agree that Your account, ID and Password may not be transferred or sold to another party. You agree to immediately notify the Company of any unauthorized use of Your account or any other breach of security known to You.
9.4 Access to Your account.
9.5 Termination of Your account or/and registration.
The Company may modify or discontinue (in whole or in part) the Services or Your account or Your Registration with us, with or without notice, for any reason without liability to You, any other Customer, or any third party. Without limiting the foregoing, we reserve the right to terminate Your account or/and Registration immediately (a) if we are unable to verify or authenticate Your Account Data or/and Registration Data or other information provided by You, (b) if we believe that Your actions may cause legal liability for You, the Company, or all or some of our other Customers, or (c) if we believe You have (i) provided us with false or misleading Account Data or/and Registration Account or other information, (ii) interfered with other users or the administration of the Services, or (iii) violated the Terms.
10. FEES AND PURCHASE TERMS
You agree to pay for all Services, including Readings (by chat or by phone) purchased using Your Account or/and Registration in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
You must provide the Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (« Payment Provider ») as a condition to signing up for any of the Personalized Services (e.g., phone reading service).
All credit card purchases must be made by the cardholder. Payments can be made in the following currencies: AUD, CAD, EUR, GBP and USD. Cards issued from the following countries, without limitation, are not accepted: Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan.
Your Payment Provider agreement governs Your use of the designated credit card or PayPal account, and You must refer to that agreement and not these Terms to determine Your rights and liabilities. You may pay additional fees to Your card issuer as this is a transaction with a foreign company. Please check with Your financial institution for the amount of those fees before using TELEMAQUE SAS’s Services.
You, and not TELEMAQUE SAS, are responsible for paying any unauthorized amounts billed to Your credit card by a third party. You agree to pay all fees and at the rates in effect when the charges were incurred. Unless You notify TELEMAQUE SAS of any discrepancies within thirty (30) days after they first appear on Your credit card statement, You agree they will be deemed accepted by You for all purposes. If TELEMAQUE SAS does not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon demand by TELEMAQUE SAS or its agents.
By providing the Company with Your credit card number or PayPal account and associated payment information, You agree that the Company is authorized to immediately invoice Your account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. You agree to immediately notify the Company of any change in Your billing address or the credit card or PayPal account used for payment hereunder. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Company Properties or by e-mail delivery to You.
You must notify us in writing within seven (7) days after receiving Your credit card statement, if You dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: firstname.lastname@example.org.
Telephone Psychic Reading Pricing
Psychic reader pricing tiers are used to charge telephone psychic readings, see the following table for pricing as a function of AUD, CAD, EUR, GBP and EUR currencies.
|Standard rates per minute as a function of psychic reader pricing tiers and currencies|
To access discounted rates per minute, Minute package are also available and allow you to switch from the pay per minute mode to the package follow-up mode, see the following table for pricing as a function of AUD, CAD, EUR and EUR currencies.
|Package durations as a function of psychic reader pricing tiers|
(AUD, CAD, EUR and USD)
See the following table for pricing as a function of GBP currency.
|Package durations as a function of psychic reader pricing tiers|
Chat Psychic Reading Pricing (online through dedicated websites)
Credit package can only be purchased using USD currency.
(number of credits)
Chat Psychic Reading Pricing (only through mobile applications)
Credit package prices depend on your location and are subjected to changes depending on Apple Store and Google Play updates – prices are provided for information only and may change from time to time – check current prices on your application.
|Apple Store Applications|
(number of credits)
|Google Play Applications|
(number of credits)
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate Content and/or Customer Content before allowing it to be posted on the Sites; (b) monitor Content and/or Customer Content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to You, any Content and/or Customer Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to You for failure to do so or for doing so in any particular manner; and/or (d) disclose any Content and/or Customer Content, and the circumstances surrounding its transmission, to any third party in order to operate the Sites; to protect the Company and the Customers and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
12. UPDATES TO THE COMPANY PROPERTY
You understand that the Company Property is evolving. We may make improvements and/or changes to the Sites, add new features, or terminate the Sites and/or the Services at any time without notice. As a result, the Company may require You to accept updates to the Company Property that You have installed on Your computer or mobile device. You acknowledge and agree that at any time and from time to time the Company may update the Company Property without any notice or liability to You or any other person. You may also need to update third-party software from time to time in order to use the Company Property. We do not warrant that information on the Sites is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to You.
13. THIRD PARTY SERVICES
13.1 Third Party Websites, Content and Ads.
Such Third-Party Sites, Third Party Content, and Third-Party Ads are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Company Property or any Third-Party Content or Third-Party Ads posted on or through the Company Property, including without limitation the content, validity, truthfulness, completeness, usefulness accuracy, offensiveness, opinions, reliability or policies of or contained in the Third-Party Sites, Third-Party Content, or Third-Party Ads, or other Content on our Sites other than from an authorized Company representative acting in his or her official capacity. Any information, statements, opinions or other Content provided by third-parties and made available on our Sites are those of the respective author(s) and not the Company.
13.2 Links to Third-Party Sites or Third-Party Content.
Inclusion of or linking to any Third-Party Site or any Third-Party Content is solely as a convenience to users and does not imply approval or endorsement thereof by us. If You use these links, You will leave our Site. If You decide to visit any linked website, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. Under no circumstance will the Company be liable for any loss or damage caused, directly or indirectly, by Your reliance on any such Third-Party Content.
The Company does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of the Company.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website or mobile application to which You navigate from the Company Property.
13.3 Social Media Pages.
13.4 App Stores.
You acknowledge and agree that the availability of the Mobile Application(s) and associated Services depend on the third-party from which You received the Mobile Application license, e.g., the App Store (Apple iOS devices) or Google Play (Android devices) (« App Store »). You acknowledge that the Terms are between You and the Company and not with the App Store. The Company, not the App Store, is solely responsible for the Company Property, including the Applications, the content thereof, and addressing any claims relating thereto. In order to use an Application, You must have access to a wireless network, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Company Property, including the Application(s). You agree to comply with, and Your license to use the Application(s) is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Company Property, including the Application(s). You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
14. DISCLAIMER – NO PROFESSIONAL ADVICE
YOU UNDERSTAND AND AGREE THAT:
(a) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROPERTY IS PROVIDED « AS-IS » AND WITH ALL FAULTS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR AVAILABILITY (OR LACK THEREOF), TIMELINESS (OR LACK THEREOF), DELETIONS, MISDELIVERIES, OR FAILURE TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS. INFORMATION PROVIDED THROUGH OUR SERVICES, ON THE SITES AND IN TELEMAQUE SAS MATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED IN CONSULTATIONS, TELEPHONE AND E-MAIL CONSULTATIONS, AS WELL AS THE TEXT, GRAPHICS, IMAGES, AND TOOLS POSTED ON VARIOUS PAGES, IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. INFORMATION FROM TELEMAQUE SAS IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE. TELEMAQUE SAS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR LAW AND DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, TREATMENTS, MEDICATIONS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED, DISCUSSED, OR DESCRIBED ON THE SITES OR IN MATERIALS OR THROUGH OUR SERVICES. TELEMAQUE SAS IS NOT ENGAGED IN THE BUSINESS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE AND ITS EMPLOYEES OR CONTRACTORS ARE NOT REGISTERED ADVISORS. YOUR RELIANCE ON THE INFORMATION PROVIDED BY TELEMAQUE SAS, ITS EMPLOYEES OR CONTRACTORS, ARE SOLELY AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY TELEMAQUE SAS OR OTHERWISE ON THE SITES WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.
(b) USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF CONTENT AND/OR DATA FROM THE COMPANY PROPERTY.
(c) THE COMPANY PROPERTY ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY, REPRESENTATION OR CONDITION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY PROPERTY, THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE COMPANY PROPERTY, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE COMPANY PROPERTY, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTY, AND MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT THE COMPANY PROPERTY WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE COMPANY PROPERTY SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION.
(d) IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, COMPANY MAY CLOSE YOUR ACCOUNT, DELETE ACCOUNT DATA, ANY E-MAIL OR OTHER COMMUNICATIONS, OR ANY OTHER INFORMATION THEREIN FOR ANY REASON, INCLUDING IF THE ACCOUNT IS INACTIVE FOR MORE THAN NINETY (90) DAYS.
(e) TELEMAQUE SAS does not make any warranty as to the completeness of the information provided by psychic readers regarding rates, plans and pricing. Please refer to these Terms of Sales for such details.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
15. LIMITATIONS OF LIABILITY
(a) THE USE OF OR THE INABILITY TO USE THE COMPANY PROPERTY;
(b) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE COMPANY PROPERTY, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTY; OR
(c) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
16. NOTICE OF COPYRIGHT INFRINGEMENT
We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (« DMCA »). If You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Company Property or on Third-Party Sites, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Sites (identified below), which must contain the following elements:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) A description of the copyrighted work(s) that You claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which You request to be removed or access to which is to be disabled;
(c) A description of where the content that You claim is infringing is located on the Company Property;
(d) Information sufficient to permit the Company to contact You, such as Your physical address, telephone number and e-mail address;
(e) A statement by You that You have a good faith belief that the use of the content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement by You that the information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf. You can reach our Designated Agent for notice of claims of copyright infringement by emailing us at email@example.com
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Company Property or on Third-Party Sites, or in connection with the Company Property. All other inquiries directed to the Designated Agent may not be responded to.
If any user of the Sites is deemed to be a repeat copyright infringer, the Company will terminate such user’s license to use the Sites.
You agree to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants, contractors, and agents (the « Company Parties ») from any and all claims, liability, losses, damages and/or costs (including, but not limited to, reasonable attorneys’ fees) arising from Your use of the Company Property, Your violation of these Terms, unsolicited information You provide to the Company through the Sites, or Your violation of any third party’s rights, including without limitation, infringement by You or any other user of Your account of any intellectual property or other right of any person or entity. These Terms will inure to the benefit of the Company’s successors, assigns, and licensees.
The Sites and these Terms are in effect until terminated by the Company. In addition to any right or remedy that may be available to the Company under applicable law, the Company may suspend, limit or terminate all or a portion of Your access to the Sites or any of its features at any time with or without notice and with or without cause and without liability to You, including without limitation, if the Company believes that You have violated or acted inconsistently with the letter or spirit of terms and conditions herein. The provisions of these Terms concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.
You agree that if Your use of the Sites is terminated pursuant to these Terms, You will not attempt to use the Sites under any name, real or assumed. You further agree that if You violate this restriction after Your use of the Sites is terminated, You will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.
19. CHILD PRIVACY
If You are under the age of 18, please do not use or access the Sites. It is not our intention to collect or use personal information from anyone under 18 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 18 and are asked to delete such information from our databases, we will promptly do so.
20. DISPUTE RESOLUTION; INJUNCTIVE RELIEF
Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be settled by binding arbitration in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (www.jamsadr.com). The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of JAMS, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in New York.
Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in New York in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of the State of New York for any such proceeding. If either party files an action contrary to this provision, the other party may recover attorneys’ fees and costs up to one thousand US dollars (US $1,000).
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE ALSO AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.
This provision shall survive termination of this Agreement.
21. INTERNATIONAL USERS
This Sites can be accessed from countries around the world and may contain references to the Company Property and Content that are not available in Your country. These references do not imply that the Company intends to announce Company Property or Content in Your country. The Company Property are controlled and offered by the Company (or its licensees) from external hosting facilities located in France and the United States of America. The Company Property is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the United States. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Sites do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.
22. GENERAL PROVISIONS
22.1 Other Policies and Terms.
22.2 Electronic Communications.
If You provide us with a telephone number, address or email address, You expressly agree that we, or our authorized agents, can use that telephone number, address or email address to contact You. The communications between You and the Company use electronic means, whether You visit the Company Property or send Company e-mails, or whether the Company posts notices of the Company Properties or communicates with You via e-mail.
For contractual purposes, You (1) consent to receive communications from or on behalf of the Company in an electronic form, by e-mail or by posting notices on the Sites; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. All notices from the Company intended for receipt by a user shall be deemed delivered and effective when sent to the email address You provide on the Sites. The foregoing does not affect Your statutory rights.
You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Sites users or third-party websites of any kind arising in connection with or as a result of the Terms or Your use of the Company Property. If You are a California resident, You hereby waive California Civil Code Section 1542, which states:
« A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. »
Residents of other states and jurisdictions waive their rights under analogous laws, statutes or regulations.
The Terms, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by You without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
22.5 Force Majeure.
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
22.6 Governing Law.
Any dispute in connection with the Sites or these Terms will be governed by the laws of the State of New York and the United States of America. This provision shall survive termination of these Terms.
22.7 Choice of Language.
The Parties expressly acknowledge that the Terms and all related documents have been drawn up in English.
The Company may provide You with notices, including those regarding changes to the Terms, by e-mail, regular mail, text messaging, posting on the Company Property, or other reasonable means, now known or hereafter developed. Where the Company requires that You provide an e-mail address, You are responsible for providing the Company with Your most current e-mail address. In the event that the last e-mail address You provided to the Company is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by the Terms, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
If You believe that the Company has not adhered to the Terms, please contact the Company by emailing us at firstname.lastname@example.org. We will do our best to address Your concerns. If You feel that Your complaint has been addressed incompletely, we invite You to let us know for further investigation.
You may give notice to the Company at the following address:
80 route des Lucioles
Les Espaces de Sophia – Bâtiment E
06560 Valbonne France
Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
22.11 Accessing and Download the Application from iTunes.
The following applies to any Application accessed through or downloaded from the Apple App Store (« App Store Sourced Application »):
(a) You acknowledge and agree that (i) the Terms are concluded between You and the Company only, and not Apple, and (ii) the Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms 0f Use.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to You and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between the Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
(d) You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims You have or any claims of any third-party relating to the App Store Sourced Application or Your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and the Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or Your possession and use of that App Store Sourced Application infringes that third-party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to Your license of the App Store Sourced Application, and that, upon Your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to Your license of the App Store Sourced Application against You as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Terms, You must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
22.12 Consumer Complaints.
In accordance with California Civil Code Section 1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
22.13 Entire Agreement.
The Terms are the final, complete and exclusive agreement of the parties i.e., You and the Company, with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
23. CONTACTING THE COMPANY & SUBMISSIONS
- From USA: +1 646 655 0596
- From Canada: +1 613 416 7969
- From UK: +44 203 695 0224
- From Australia: +61 285 203 733
- From the rest of the world (US number): +1 646 655 0596
or by mail at:
80 route des Lucioles
Les Espaces de Sophia – Bâtiment E
06560 Valbonne France