GENERAL TERMS AND CONDITIONS OF THE SERVICE
1. SUBJECT MATTER and DEFINITIONS
1.1 These general terms and conditions of the contract (hereinafter, the “GENERAL TERMS AND CONDITIONS”) contain the terms and conditions that govern the provision of services available on this site (hereinafter, the “Site”).
The GENERAL TERMS AND CONDITIONS are established between you, as the final user of the services (hereinafter, “You” or the “User”) and the company Karma Corporation a.s, with head offices is at Máchova 439/27, Vinohrady, 120 00 Praha 2, Czech Republic Company No. 08638781 (hereinafter the “Company” and together with the User, the “Parties”).
These GENERAL TERMS AND CONDITIONS govern and regulate the service provided by the Company to the User via the Site; they overwrite any previous contract between the Parties not expressly mentioned or attached and constitute all the rights and obligations of the Company and the User. The Site is intended to provide the User with recreational content on the subjects of the arts and divinatory sciences, esotericism, astrology, numerology, tarot and the study of horoscopes.
1.2 In addition to the terms and words defined elsewhere in these GENERAL TERMS AND CONDITIONS, the following are defined for the purposes of the same:
“Causes of Force Majeure” by way of example, but not limited to, the following are considered causes of force majeure under the terms and for the effects of the GENERAL TERMS AND CONDITIONS: lock-outs, strikes, absolute failure of all means of transport, wars, revolutions or any other military action, floods, fires, lightning, explosions, accidents, electrical blackouts, the interruption, malfunction or overload of telephone or electronic lines, delays or failures by third party suppliers or any other event that is beyond the reasonable control of the Company and which prevents the correct fulfilment of the obligations set forth in the GENERAL TERMS AND CONDITIONS in respect of the same;
“Content” any information, data, video, image, photo or text, sent by the Company to the User who requested it, after the First Reading has been sent, for the purpose of providing the Service;
“Date of Execution” considered to be the date of acceptance of these GENERAL TERMS AND CONDITIONS by the User;
“Party” the Company or the User;
“Preview of the Content” any information, data, video, image, photo or text, sent periodically by the Company to the User, after the submission of the First Reading, that specifically indicates the price that the User must pay to the Company for full use of the Content;
“First Reading” the information, data, videos, images, photos or texts sent by the Company to the User for free following the User Registering on the Site;
“Registration” the process of the User registering to the Service provided by the Company;
“Service” the service offered by the Company to the User who has completed the Registration, in the manner set out in Article 3 below.
1.3 Terms in the singular also apply in the plural and vice versa. Terms in the masculine also apply to the feminine and neutral, where applicable, and vice versa.
1.4. Any reference, express or implied, to any statutes or legislative provisions shall be understood to be a reference to such statute or legislative provision as amended by other provisions (before or after the date of agreement of these GENERAL TERMS AND CONDITIONS) and shall include any provision, decree, regulation, resolution or other form of secondary legislation deriving from this statute or legislative provision.
1.5. The titles of the articles are indicated exclusively for convenience and will not affect the interpretation of these GENERAL TERMS AND CONDITIONS.
2. CONCLUSION OF THE CONTRACT
We inform you that by clicking the button “I request my free reading” when registering on the Site or, in one way or another using the Service, you are declaring that you have read and expressly accept these GENERAL TERMS AND CONDITIONS. Registration on the site and reception of the First Reading are completely free (except for the cost of any equipment required - computers, applications and telecommunications - and the costs of an Internet connection, which are borne by the User based on the economic conditions established with their operator). Any Content further to and different from the First Reading is, however, subject to payment. The User can view this Content in the manner described in Article 3 below. If you do not agree to accept the terms and conditions of these GENERAL TERMS AND CONDITIONS, we kindly ask you not to use the Service and that you leave the Website.
3. THE SERVICE OF THE COMPANY
3.1 The User should complete the Website registration process by entering the data requested. The First Reading will be sent to the user at the e-mail address indicated during Registration. After the User has received their First Reading, the Company will, periodically and according to its unilaterally decided timetable, send the Preview of the Content to the User. The User who receives the Preview of the Content, is free, with no relation and/or limit to time, to decide if they will purchase the Content.
3.2 The User acknowledges and accepts that they can only begin to use the Service and, in particular, receive the First Reading, once they have completed the Registration process. Any use of the Content by the User after the First Reading will be charged. The User acknowledges and accepts that they will only be able to use the Contents upon purchasing the Content at the price indicated in the Preview of the Content.
3.3 The price of the Content and the methods available to pay the price of the Content (in one or several instalments) are specifically mentioned in the Preview of the Content. The User acknowledges and accepts that the Company reserves the right to propose different prices and/or Free Content to certain categories of Users, or during special commercial promotions that may be enacted. In all cases the price and the payment methods for the various Contents will be specifically mentioned within each Preview of the Content sent by the Company to the User.
3.4 By purchasing the Content in the various specific ways mentioned in the Preview of the Content, the User declares that they have read all the information provided to them in the Preview of the Content and/or during the purchase procedure, and that they fully accept the GENERAL TERMS AND CONDITIONS and, in particular, the payment conditions referred to in this article.
3.4.1. If the User, after receiving the Preview of the Content, decides to purchase the Content, they will be required to pay by credit card and/or another similar electronic means of payment implemented from time to time by the Company. In order to make payments by credit card the User must complete the necessary payment information and include their details, contacts and billing references. The User acknowledges and accepts that payments and any management of the data necessary for these payments are managed wholly by a partner company that is separate from the Company (hereinafter, “Payment Gateway”) with their general conditions of service.
3.4.2. In cases where payment is by credit card the Payment Gateway will authorise a commitment to pay the amount related to the completed purchase of the Content at the same time as the online transaction is concluded. The relative amount will be charged to the User's credit card at the time of purchase.
In cases where the order is cancelled or cases where the order is not accepted by the Company, the cancellation of the transaction and the release of the amount involved will be promptly requested by the Company. The release times for some types of cards depend exclusively on the Payment Gateway system and may not arrive until their natural expiry date (24 days after the authorisation date). Once the transaction has been cancelled, the User acknowledges and expressly accepts that under no circumstances can the Company be held responsible for any direct or indirect damage caused by delay in the failure to release the amount committed by the Payment Gateway .
The Company reserves the right to request additional information from the User (e.g. identification documents) or copies of documents proving the ownership of the credit card used. In the absence of the required documentation, the Company reserves the right to refuse payment.
At no time during the purchase process will the Company be able to see the information relating to the User's credit card, which is transmitted directly via a secure connection to the Payment Gateway site that manages the transaction. This data will not be retained on any Company computer files. Under no circumstances can the Company be held responsible for any fraudulent or improper use of credit cards by third parties upon payment.
3.5 User's right to withdraw. After having purchased and received the Content by e-mail, the User has 14 days from the day they receive the Content, to inform the Company of their wish to withdraw from the specific Content purchased. To exercise the right of withdrawal, the User should inform the Company using the contact information referred to in Article 13.6 below, without the need for any justification. In the event of the right of withdrawal referred to in this article 3.5 being exercised, the Company will reimburse the User for all payments involved in purchasing Content for which the User has exercised his right of withdrawal, without undue delay and in any event not later than 14 days from the day on which the Company was informed of the User's decision to withdraw from the purchase of the Content. These refunds will be made using the same payment method the User used for the initial transaction. In any event, the Company guarantees that the User will not incur any costs as a consequence of said reimbursement.
3.6 If the User is a consumer (i.e. an individual who has completed the Registration for purposes unrelated to their professional activity or without indicating a VAT number as defined in Article 3, paragraph 1, letter a) of Legislative Decree 206/2005 – hereinafter the “Consumer”), once the online purchase procedure has been completed, the Company will be responsible for sending, inter alia, the link to these GENERAL TERMS AND CONDITIONS via e-mail, which the User should print, save and otherwise store, in compliance with the provisions of the current Consumer Code.
3.7 The User must have the skills, equipment and applications necessary to use the Internet or, where appropriate, the Internet and telephone services and recognises that the characteristics and limitations of the Internet allow guaranteeing the protection, availability and integrity of data transmissions on the Internet. In these circumstances, the Company does not guarantee that the services provided will function without interruption or disruption. In particular, usage may be temporarily interrupted for reasons relating to maintenance, updating, technical improvement, modification of the Content or the related submission procedures. As far as is possible, the Company will inform Users of maintenance or upgrading operations in advance.
Likewise, the Company can not be held responsible for any malfunctions, inability to access or bad usage conditions of the Site that are attributable to an unsuitable device, malfunctions inside the User's access provider, traffic on the Internet network or any other reason outwith the Company's control.
3.7 The User acknowledges and expressly accepts to use the Site and the e-mail address indicated during registration so that the Company can send important communications. The User acknowledges and expressly accepts that if the contact information they provide to the Company is not updated, they may not receive the aforementioned communications.
The User agrees that the Company may send e-mail advertisements to the address they have provided during registration. The User agrees to keep their contact information up-to-date.
3.8Company's right to suspend Services. The User acknowledges and agrees that in the event of a violation of the law, of the rights of third parties or of these GENERAL TERMS AND CONDITIONS by the User, the Company is entirely free to suspend or discontinue the provision of the Services to that User, prevent that User from accessing the Site or undertake any other useful action to protect the current or potential rights and interests of the Company. In addition, the Company reserves the right to cancel or suspend the account of any User that has not been confirmed or that has not been used for more than six months. The Company is not obliged to publish any information or Content and has the right to remove the same at its sole discretion, with or without prior notice. The Company also reserves the right to arbitrarily deactivate the profile of any User without prior notice.
3.9 The Company can not guarantee to keep or continue to display the information, Contents and Preview of the Content that the User has received in the context of the provision of the Services. The Company may change, suspend or terminate Services or potentially change and modify them at its discretion. To the extent permitted by law, these changes shall be effective once the User has been notified.
4. THE USER'S DECLARATIONS AND GUARANTEES
The User declares and guarantees:
5. LIABILITY - LIMITATION OF LIABILITY IN FAVOUR OF THE COMPANY
5.1 The User acknowledges and expressly accepts that:
5.2 Except in cases of wilful misconduct or gross negligence the User acknowledges and accepts, to the maximum extent permitted by law, that the Company will be in no way liable to the User for any damages, losses, costs, charges or expenses, whether direct or indirect, including any legal fees suffered and/or incurred by the User in connection with the Service provided by the Company pursuant to the GENERAL TERMS AND CONDITIONS. Therefore, the User may not seek any compensation for damages from the Company for any damage suffered in connection with the Service or the consequences arising from the use of the information and/or materials received via the Service. The Company will in no way be liable to the User for any delays or non-compliance with their obligations in relation to the Service in the event that such delays or failures arise from Causes of Force Majeure.
5.3 The Company is not necessarily affiliated with any of the websites that are linked to on the Site and/or within the Contents and is not responsible in any way for the content of said websites. These links are provided exclusively for the convenience of the Users and these sites are accessed at the Users own risk. A link to any other website on the Site and/or in the Content does not imply that the Company approves, supports or recommends said website in any way or has any control over any element of the content of said website.
The Company respects and protects the privacy of its Users. The Company does not use personal data for marketing purposes and/or sending commercial communications and/or direct sales without having received the User's prior express consent. The User accepts that the Company has the right to access, store, use and process all the information they have provided, in accordance with the terms of the Privacy Notice.
The User may not transfer, either in whole or in part, the present GENERAL TERMS AND CONDITIONS to third parties. The Company may at any time transfer all or part of these GENERAL TERMS AND CONDITIONS to third parties.
8. DURATION AND SURVIVAL OF CLAUSES
8.1 These GENERAL TERMS AND CONDITIONS come into effect on the Date of Execution and will remain in force for the period of 1 (one) year from that date. They will be automatically renewed for successive periods of one year each unless one Party communicates to the other Party by means of a registered letter with acknowledgement of receipt its intention not to renew the GENERAL TERMS AND CONDITIONS at least 30 (thirty) days prior to the expiration of each period.
8.2 The following clauses of the GENERAL TERMS AND CONDITIONS will remain valid and effective even after the conclusion of these GENERAL TERMS AND CONDITIONS: article 4 (User's Declarations and Warranties); article 5 (Liability - Limitation of liability in favour of the company); article 11 (Applicable Law and Jurisdiction); Article 13 (General Terms).
Either Party may withdraw from these GENERAL TERMS AND CONDITIONS at any time by means of a simple written notice to the other Party giving at least 15 (fifteen) days' notice. It is understood that, even in cases of withdrawal, the Company reserves the right to cancel or suspend the User's account.
Notwithstanding the other provisions of these requirements, in the event of a violation of these GENERAL TERMS AND CONDITIONS by the User the Company reserves the right to suspend registration or terminate the contract without prior notice and/or to bring legal action against the User.
This termination will be fully applicable and will not affect the right of the Company to act against the User or those acting on his behalf to seek compensation for any damage suffered as a result of the improper use of the Service. The User will be informed of the termination or confirmation of termination of the contract by e-mail. Any data relating to the User will be immediately deleted upon express request or within the deadline set by Italian and international legislation for the storage of personal data.
11. APPLICABLE LAW AND JURISDICTION
11.1 These GENERAL TERMS AND CONDITIONS are governed by English law.
11.2 Subject to the existing consumer protections established in the area of jurisdiction, any dispute arising between the Parties in relation to the validity, interpretation, execution and termination of these GENERAL TERMS AND CONDITIONS and/or anything in connection with these GENERAL TERMS AND CONDITIONS will be the exclusive responsibility of the Courts in London, to the exclusion of any other concurrent or alternative court.
In the event that it should become necessary in order to adapt the service to provisions of laws or regulations that have been enacted, to implement security measures that become necessary to optimise the provision of the Service or to improve the characteristics of the Service, the Company reserves the right to update or amend these GENERAL TERMS AND CONDITIONS at any time. The Company will notify the amendments that have occurred directly by e-mail. The amendments to the GENERAL TERMS AND CONDITIONS will automatically be valid and effective starting from the 10th day after the date they are sent by e-mail and will be deemed accepted by the User. The User acknowledges and accepts that it will be their responsibility to periodically check the GENERAL TERMS AND CONDITIONS page of the Website in order to check for any updates. In the event of any amendments to these GENERAL TERMS AND CONDITIONS, the User still has the right of withdrawal, which they can exercise at any time by means of a simple written notice to the Company.
13. GENERAL TERMS
13.1 Any tolerance on the part of the Company regarding User behaviour that is in violation of any provision of the GENERAL TERMS AND CONDITIONS does not constitute a waiver of the rights deriving from the provision that has been violated, nor the right to demand the correct fulfilment of all the provisions of the GENERAL TERMS AND CONDITIONS.
13.2 Failure or delay in exercising a right of the Company pursuant to the GENERAL TERMS AND CONDITIONS does not imply renunciation of the same.
13.3 The GENERAL TERMS AND CONDITIONS contain the overall agreement reached by the Parties regarding their subject matter and they prevail over all previous communications or declarations, as well as the agreements and arrangements, both oral and written, reached by the Parties.
13.4 Should any term or other provision of these GENERAL TERMS AND CONDITIONS be declared invalid, voidable or unenforceable, all other conditions and provisions of these GENERAL TERMS AND CONDITIONS will remain fully valid and effective. In the event of the cancellation or voiding of any term or provision on the grounds of being invalid, contrary to mandatory or unenforceable rules, the Parties undertake to negotiate in good faith in order to modify these GENERAL TERMS AND CONDITIONS in such a way as to, in the best way possible, achieve the original intention of the Parties to fulfil, in the best way possible, the commitments foreseen therein.
13.5 The Company and the Users act in full autonomy and independence. These GENERAL TERMS AND CONDITIONS do not give rise to any relationship that can be regarded as a collaboration, agency, association, intermediation or subordinate employment.
13.6 Any communication from one Party to the other under the GENERAL TERMS AND CONDITIONS must be either by registered post or by e-mail (with a notification of receipt) to the following addresses:
to the Company: email: [email protected]
to the User: at the e-mail address provided to the Company during registration.
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