PREAMBLE
The website www.carpediem-astro.com is a website specializing in clairvoyance offering its users paid consultation services by independent professional advisers.
It is however specified that the visit of the site www.carpediem-astro.com is free and under the responsibility of the company CALLCOM SARL.
To be able to connect to the website, the user must be a natural person over the age of 18 and have the capacity for discernment and not be subject to any prohibition measure.
The purpose of these General Conditions is to define the terms and conditions for providing the services of the site www.carpediem-astro.com.
Any access and/or use of the site www.carpediem-astro.com implies acceptance and
compliance with all the terms of these conditions and their unconditional acceptance.
In the event that the user does not wish to accept all or part of these general conditions, he is asked to renounce all use of the service, no modification of the general conditions being possible.
CALLCOM SARL reserves the right to modify all or part of these General Conditions at any time without notice.
The user must regularly consult the General Conditions permanently available on the site www.carpediem-astro.com; only the latest version is applicable.
The user is fully aware that by checking the box "I certify that I am of legal age and that I have read and accepted the general conditions of service" when creating the account, he accepts all of the conditions below and that without reservation; likewise, he certifies that he has the capacity for discernment and that he is not subject to any tutelary measure.
ARTICLE 1 - ROLE, SERVICE OF CARPEDIEM-ASTRO.COM
www.carpediem-astro.com is an internet platform offering advisors for members.
www.carpediem-astro.com is only a technical intermediary between the user and the adviser.
www.carpediem-astro.com is an access provider to a consultation service; he is not liable for the services of the advisers.
ARTICLE 2 - RELATION BETWEEN THE ADVISERS AND THE USER
The services are formed directly between the adviser and the user.
Consequently, the responsibility of CALLCOM SARL cannot be engaged; CALLCOM SARL does not provide any guarantee as to the services of the adviser.
CALLCOM SARL does not exercise control over the services of the advisers and in particular assumes no responsibility for:
• the quality of the services provided by the advisors;
• comments and ratings provided by users;
• the professional qualifications of advisers.
In the event of a dispute between an advisor and a user, CALLCOM SARL cannot be held responsible for the consequences of a consultation provided by an advisor.
ARTICLE 3 - REGISTRATION
It is recalled that registration is reserved for adults only, and not subject to a measure of legal protection (Guardianship/Curatorship).
The user wishing to be a member declares to have sufficient financial capacity to benefit from the services offered by the site and not to be the subject of any legal proceedings.
The consultation of advisors is reserved for members registered on the site.
Users will be able to register as members on the page http://www.carpediem-astro.com by providing the information required for this purpose.
Users undertake to open only one account.
Otherwise, CALLCOM SARL declines all responsibility in the event of overconsumption, in particular induced by the multiplication of accounts for a single user who has become a member.
3.1. Information provided by the member
Users wishing to become a member guarantee that the data they communicate is accurate, sincere and in line with reality.
In the event that the member provides inaccurate information, CALLCOM SARL may immediately, without notice or compensation, suspend or terminate its account and refuse access to the site and its services.
In addition, any modification of the data communicated by the members when opening an account will be the subject of information to CALLCOM LLC.
3.2. Access mode
When the conditions necessary for registration are met, each member has a password which will be imposed by CALLCOM SARL on first access; password which can then be changed by the user.
This password is strictly personal, confidential, and non-transferable, therefore it must not be communicated or shared with anyone.
In the event that a member disseminates or uses his data and password in a manner contrary to their intended purpose, CALLCOM SARL may automatically terminate the member's account after prior notice; what the member accepts, in advance, expressly.
The member is solely responsible for the use of his identification data by third parties or for actions or statements made through his personal member account, whether fraudulent or not.
Therefore, the member releases CALLCOM SARL against any request made in this respect.
Indeed, it is recalled that CALLCOM SARL has no obligation to verify the identity of each member who has connected to the site.
Therefore, in case of impersonation of a member, CALLCOM SARL cannot be held responsible.
In any case, if a member suspects fraudulent use of his account, he must immediately notify CALLCOM. LLC.
The site is accessible 24 hours a day, 7 days a week, except in the event of force majeure, technical incidents or interventions made necessary for the proper functioning of the site.
CALLCOM SARL cannot under any circumstances be held liable towards users or against a third party for any modification, interruption or suspension of the site.
ARTICLE 4 - PRICE OF SERVICES
4.1 Payment of telecommunications costs by bank or credit card:
For the payment of telecommunications costs by means of a bank or credit card, it is advisable to scrupulously follow the registration procedure set up on the website, in particular the validation of the General Conditions.
In the event of fraudulent use of a bank or credit card, CALLCOM SARL cannot be held responsible.
Consultation with a bank or credit card implies acceptance of the consultation fee which is indicated on the website and in the user account.
The rate may be modified at any time and without notice, however by making a call, the user accepts the rate indicated.
The French telephone line 01 84 13 11 67 (local rate from fixed network) for consultations by bank or credit card made available to French users is a non-surcharged French local telephone line.
The cost of the telephone call is the responsibility of the user.
The servers of the site www.carpediem-astro.com are located in FRANCE, the cost of the communication can vary according to the country where the user calls and the telephone operator of the user.
The count made by the provider for the minutes used is authentic and cannot be called into question.
Similarly, the payment order given for payment by bank or credit card cannot be contested.
4.2 Payment of telecommunications costs for premium lines:
The telephone lines for Belgium 090 488 646 (Euros 2.-/min.) made available to users are premium rate telephone lines.
Telephone lines for France 08 90 31 06 30 (Euros 0.80/min.) made available to users are premium rate telephone lines.
The cost of the telephone call is borne by the user; it is up to the user to find out precisely about the tariffs applied by the telephone operators.
The price of the call per minute can increase significantly if you call from a mobile. We advise you to contact your mobile operator to know the rates/min. that they apply.
4.3 Dispute:
The payment order by bank or credit card made by the secure service of Carpediem-Astro with our partners is irrevocable.
The user cannot therefore object to this payment or to a reimbursement of the consultation if he is not satisfied with the service provided by the advisers in particular.
ARTICLE 5 - Limitation of service, liability
CALLCOM SARL may, at any time, modify, suspend or discontinue, temporarily or permanently, all or part of the services offered to users, without having to inform the user beforehand.
CALLCOM SARL cannot be held responsible towards the user or against any third party for any modification, suspension or interruption of the Service.
Likewise CALLCOM SARL can not be held responsible for cuts, telephone disturbances caused by any failure of national and international telephone operators.
ARTICLE 6 - OBLIGATIONS OF USERS
6.1 General obligations of members
As part of the use of the site www.carpediem-astro.com, each user undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these T&Cs.
Each user has the obligation:
- to behave fairly towards CALLCOM SARL and other USERS;
- to be honest and sincere in the information provided to CALLCOM LLC;
- to respect the rights of third parties, and in particular the rights of CALLCOM SARL and other users;
- to use the site www.carpediem-astro.com in accordance with the purpose described in these T&Cs and not to seek to divert its operating principles (for example by multiplying the opening of accounts to circumvent the security system set in place by CALLCOM SARL to avoid any abuse);
- not to divert the purpose of the site www.carpediem-astro.com to commit crimes, misdemeanors or contraventions punishable by the Penal Code;
- not to divert the purpose of the site www.carpediem-astro.com for commercial, professional or advertising purposes, in particular to offer, solicit or promote paid services without the agreement of CALLCOM LLC;
- not to contact advisors other than through the website www.carpediem-astro.com;
- to respect the privacy of other users and the confidentiality of exchanges with them;
- not to divert members of the www.carpediem-astro.com site to another site, or a competing service;
- not to interfere with the automated data processing systems implemented by CALLCOM LLC.
6.2 Specific obligations regarding advisor comments and ratings
CALLCOM SARL offers members the possibility of rating and commenting on the services provided by the advisers.
Only members who have carried out a consultation will be able to comment on the services provided by the advisers.
The member who wishes to rate an adviser undertakes to do so in accordance with the rules of good faith.
Comments that are defamatory, abusive or questionable will be prohibited.
CALLCOM SARL is the decision maker as to whether or not the opinions and reviews that will be published are published; the content of the opinions commits only their author and in no way represents an opinion issued by CALLCOM LLC.
By giving their opinion on the site www.carpediem-astro.com, members authorize, CALLCOM SARL, kindly reproduce all or part of the opinion issued by member.
As a result, the member expressly waives all intellectual property rights over the opinion issued and published on the website, in particular the right of reproduction, representation, adaptation, on any present or future medium, for the whole world. and for the entire duration of the intellectual property rights according to the laws and ordinances in force in Switzerland.
When the member communicates his opinion on the service of an adviser, he undertakes, without the list below being exhaustive, not to defame, abuse, harass or threaten anyone, nor to violate the rights of others such that, for example, rights related to personality (image, personal character, family situation, private life, right to human dignity).
It is recalled that the member is solely responsible for the comments made in his opinion; publication on the site cannot bind CALLCOM LLC.
If, after verification of the content of the notice proposed by the member, civil and/or criminal proceedings were initiated against CALLCOM SARL the member guarantees CALLCOM SARL against all claims and/or actions that may be brought by any person; due to the publication of this notice on the site www.carpediem-astro.com.
As a result, the member will assume all charges related to the procedure as well as all charges arising from a possible conviction.
Furthermore, CALLCOM SARL reserves the discretionary possibility of deleting the opinions of members at any time without having to inform the member beforehand, which the latter expressly accepts.
CALLCOM SARL also reserves the discretion to adapt or translate into any language the opinions of members on the www.carpediem-astro.com site.
ARTICLE 7 - INTELLECTUAL PROPERTY
7.1 Trademarks, logos, etc.
The trademarks, logos, slogans, graphics, photographs, animations, videos and texts (in particular interviews with advisers and articles) contained on the website www.carpediem-astro.com are the exclusive intellectual property of the company operating the website www.carpediem-astro.com .carpediem-astro.com and/or its partners.
Consequently they cannot be reproduced, used or represented without the express authorization of CALLCOM SARL and/or its partners, whether for private, professional use, or for educational purposes, under penalty of legal proceedings; subject to the following.
This applies in particular to the use of one of these elements as meta-tags, hypertext links, domain names, etc.
Any other use by members is prohibited without the express permission of CALLCOM LLC.
Each member is prohibited in particular from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages and/or the computer codes of the elements making up the www.carpediem-astro site. com.
7.2. Links to the website www.carpediem-astro.com
CALLCOM SARL undertakes to implement all the means recognized as necessary, in accordance with the rules of the art, to allow members to access the site.
It is up to the members to ensure that the equipment at their disposal will allow access to the site www.carpediem-astro.com.
CALLCOM SARL cannot be held responsible for access restrictions linked to access providers.
CALLCOM SARL undertakes only to make every effort to ensure that the website is hosted by a quality host; without CALLCOM SARL cannot be sought for any lack of access.
CALLCOM SARL is in no way liable for consequential damages such as, for example, any prejudice of a third party, or any action brought by a third party against the member, as well as the consequences related to the services provided by the advisers.
CALLCOM SARL declines all responsibility for the content of the consultations provided via the site www.carpediem-astro.com.
Furthermore, CALLCOM SARL does not guarantee the quality or the continuity of the service of the advisers.
The use of the www.carpediem-astro.com platform is under the full responsibility of the members.
Consequently, each member registered on the site www.carpediem-astro.com waives, by express agreement, any legal action against CALLCOM SARL in the event of a malfunction of the site.
CALLCOM SARL does not guarantee that the www.carpediem-astro.com site, the content and services offered will fully meet the expectations of members, that all errors and malfunctions will be repaired, or even that the www.carpediem-astro.com site will not will contain no viruses.
The equipment (computer, software, means of telecommunications, etc.) allowing access and use of the services are the exclusive responsibility of the members, as well as the telecommunications costs incurred by their use.
It is up to the members to find out the price for using said equipment or services from the operators concerned.
Members are solely liable for the payment of services due, in particular to access providers, for connections to the site www.carpediem-astro.com .
Members acknowledge that they have the skills, hardware and software required to use the Internet, or where applicable, Internet and telephone services.
For any material downloaded and/or obtained, in any way whatsoever, while using the site www.carpediem-astro.com , CALLCOM SARL will not be liable for any damage or loss of data suffered by the USERS' computer.
No advice or information given by CALLCOM SARL to users of the www.carpediem-astro.com site is likely to create any guarantee not expressly provided for in these T&Cs.
CALLCOM SARL cannot be held liable in the event of deterioration of MEMBERS' computer equipment resulting from a virus or any other computer contamination.
It is therefore up to the user of the www.carpediem-astro.com site to implement all measures intended to protect their own data and/or hardware and/or software.
In no way CALLCOM SARL or the partners mentioned on its site can be held responsible, in any capacity whatsoever, for any incident or direct or indirect damage or any financial or commercial prejudice, resulting from the use of the site. www.carpediem-astro.com .
ARTICLE 8: UNSUBSCRIBE
8.1 Account Deactivation
As a measure of security and performance of the quality of the services offered on its site www.carpediem-astro.com , CALLCOM SARL may deactivate the accounts of members who have not been used for a period greater than or equal to six (6) months.
The member will not be informed, by e-mail, of the next deactivation of his account.
8.2 Cancellation
In the event of breach of these T&Cs by the member, CALLCOM SARL reserves the right to exclude him from the www.carpediem-astro.com site after a formal notice has remained without effect five (5) days from the date of sending of the email.
The member waives any challenge to his removal from the site and any action for liability in this respect.
8.3 Special case
The adviser is free to end a CONSULTATION billed by the minute at any time.
ARTICLE 9 - PROTECTION OF PERSONAL DATA
Data protection in general:
CALLCOM SARL undertakes to strictly comply with the provisions of the Swiss Civil Code on the protection of personality, as well as with federal laws and ordinances on data protection.
It is specified that the directly identifying data (surname and first name) or indirectly identifying data (e-mail address, IP address, telephone number) provided by the members are not communicated to third parties, whether free of charge or to commercial purpose.
Any member can obtain communication and, if necessary, rectification or deletion of information concerning him, by contacting customer service: contact@carpediem-astro.com.
It is recalled that any person may, for legitimate reasons, oppose the processing of data concerning him.
Members also acknowledge being notified of the installation of a "cookie" in their computer, intended to record information relating to navigation on the site (information provided, pages consulted, date and time of consultation, etc.) , in order to facilitate navigation on the site by memorizing certain parameters.
Members declare to be informed that this cookie allows CALLCOM SARL to identify them; on the other hand, it records information relating to the navigation of their computer on the site www.carpediem-astro.com (the pages consulted, the date and time of the consultation, etc.) that CALLCOM SARL will be able to read during visits later.
In the event that members object to the registration of cookies, CALLCOM SARL does not in any way guarantee the proper functioning of all the functionalities of the site www.carpediem-astro.com
The www.carpediem-astro.com site may use banner servers to provide advertising services.
These partners may be required to use cookies, in order to serve the advertising of the site www.carpediem-astro.com .
However, these cookies do not contain any information of a private nature or which could allow members to be personally identified.
ARTICLE 10 - FINAL PROVISIONS
10.1 General provisions
These T&Cs constitute the entire agreement between the member and CALLCOM SARL.
No indication, no document may create obligations not included in these T&Cs, if they have not been the subject of a new agreement between the parties.
The fact that one of the PARTIES has not demanded the application of any clause of these T&Cs, whether permanently or temporarily, can in no way be considered as a waiver of the said clause.
If any of the stipulations of these T&Cs were to be void with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten but will not affect in no way the validity of the other clauses which will remain fully applicable.
10.2 Applicable law and jurisdiction
These T&Cs are subject exclusively to French law.
In the event of a dispute arising between the parties regarding the interpretation or execution of these T&Cs, the parties shall endeavor to settle it amicably; without resorting to an arbitral tribunal.