General Terms and Conditions of Use
Last update: 06/28/16
Welcome to tupakpsychic.com!These General Terms and Conditions of Use:
- describe all the products and services (hereinafter “our Products” or “our Services” or “electronic services”) offered by Kandinsky & Partners (hereinafter Kandinsky & Partners or “us”) via its website tupakpsychic.com (hereinafter “tupakpsychic.com”) or any subsequent URL which may replace this address.
- define the relationship between the User (hereinafter “you”), Kandinsky & Partners (hereinafter “Kandinsky & Partners” or “us”) and Kandinsky & Partners's suppliers (hereinafter 'the Suppliers' or 'payment processors')
The use of our Services and/or our Products implies your acceptance of these General Terms and Conditions of Use. If you do not accept the General Terms and Conditions of Use, you must stop using our Services and/or Products.
We invite you to read this document very carefully.
The website tupakpsychic.com belongs to Kandinsky & Partners Ltd – Flat B 9/F / Hua Chiao Commercial Centre / 678 Nathan Road – Mongkok – Hong Kong – Business Registration # 1264735 – VAT identification nbr: EU826410345. Depending on the method of payment chosen by the client, the payment will be processed by Kandinsky & Partners Hong Kong or by its partner: Kandinsky & Partners Limited – 8A Pitmans Alley – Main Street – Gibraltar – Business Registration 102529.
The website tupakpsychic.com is devoted to the divinatory arts and sciences, in particular astrology, numerology and tarot reading. THE SERVICES AND ADVICE OFFERED ON THE tupakpsychic.com WEBSITE AS WELL AS IN THE ASSOCIATED EMAILS AND ELECTRONIC SERVICES ARE EXCLUSIVELY INTENDED FOR ENTERTAINMENT PURPOSES AND ONLY SUCH PURPOSES WHICH ARE NOT CONTRARY TO ANY APPLICABLE LAW OR REGULATION.
The Services and/or Products offered on the tupakpsychic.com website have always been customized services carried out specifically for you that need the intervention of Tupak or of people acting on the authority of Tupak – electronic messaging being only used to deliver Services and/or products to Tupak’s consultants.. Due to the increase in requests, the customized work performed by Tupak through the tupakpsychic.com website has had to evolve and take the shape of electronic services starting on January 2015.
Kandinsky & Partners does everything within its power for you to enjoy top quality electronic services and to provide you with useful advice and Products. However, Tupak cannot be held responsible for the consequences of your actions with regard to your personal interpretation of this advice. Under no circumstances should the information presented with our Services and/or Products replace any recommendations that you may have received from legal, health or financial professionals, or for any other field of activity.
Access to our Services
In order to access and use the Services and/or Products offered by tupakpsychic.com, you must be an individual person, be over the age of legal majority in your country of residence, have the legal capacity to use a website, not be in a precarious financial situation (over-indebtedness), nor suffer from Alzheimer’s or any other mental, neurodegenerative disorders or even disorders caused by aging. The content of our website is not directed at, or intended for distribution to or use by any individual who is a citizen or resident of, or located in, any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation.
You must also have Internet access. The costs of the telephone calls which enable a connection to the Internet and to the Website are borne entirely by you.
Finally, you must own the necessary equipment to provide this connection to the Internet (computer, modem, etc.) as well as an electronic login and address. For some of our Services and/or Products we recommend having a printer.
Our Products and ServicesThe products and services offered after subscription to the website tupakpsychic.com are the following:
- a free reading sent in the form of a written document
- an initiation into the world of the divinatory, astrological, numerological sciences or tarot via a series of emails sent to the User
- more complete sessions sent in the form of audio and/or videos. The access to the audio/video files and related instructions is granted via a link sent by email.
- E-books in pdf format, which can be downloaded via a link sent by email.
As far as pdf files are concerned, the User must first install a free piece of software which makes it possible to read this type of files. For instance, the User can download Adobe® Acrobat® Reader for free via the following link: https://get.adobe.com/reader/?loc=en
In order to be able to play the audio files, the User must first install a free piece of software which will make it possible to play mp3 files. For instance, the User can download VLC Media Player for free via the following link: http://www.vlc-player-download.com
Any order for a product or service triggers the sending of an email confirming the order.
Products and services are delivered between 24 and 48 hours after the email confirming the order is received, except for:
- E-books or audio products purchased on the Tupak’s Secret Boutique, which are sent in the hour following the order.
- The instructions related to the audio and/or video sessions, which are sent by email on the day preceding the session.
As soon as the products and services are available, the User will be apprised of their availability via an email containing a link which grants immediate access to the products and services on the website.
In the event that tupakpsychic.com should find it impossible to deliver the ordered products and services, the User would be warned by email and immediately receive a refund linked to any payment made in connection to such products and services.
Please note that, from January 1, 2015, the electronic services offered by tupakpsychic.com are subject to VAT if you reside in the European Union (EU), in Iceland, Norway, Liechtenstein or South Africa. The amount of the VAT, which is calculated according to the applicable rate in your country of residence, is included in the amount of your contribution.
All our chargeable Products and Services are subject to registration on our website and have a satisfaction guarantee, the duration of which is always clearly indicated.
How can I benefit from the 'free trial offer'? What happens next?
In order to use the free trial offer, go to the website tupakpsychic.com, then click on the free “I CONFIRM MY REQUEST FOR A FIRST FREE VISIONARY CONTACT SESSION WITH TUPAK” form which you can access via this link. Fill out the required personal data, including a valid e-mail address.
We would like to draw your attention to the importance of entering complete and exact information about yourself. This allows us to ensure the quality of our Services.
A few hours after you have sent your request (usually 2 hours after confirmation of your Email address), you will receive the result of the free trial offer at the address you have indicated along with an offer for a chargeable study, the price of which will be clearly stipulated. You are totally free to accept or ignore this new offer. If you ignore this new offer, you will receive several reminders, which you are free to ignore as well.
If you take advantage of the free trial offer, you will also receive Tupak’s Newsletter on a monthly basis. This newsletter is entirely free and comes with no obligation to accept chargeable offers.
At any time, you have the option to unsubscribe from all communication sent by tupakpsychic.com. (cf 'how do I unsubscribe?' in this document).
How do I order the Products in the Tupak’s Secret Boutique? What happens next?
Go to tupakpsychic.com and click on “Tupak’s Secret Boutique”. Select the Product(s) you would like to order and click on “I order”. Fill out the required personal data, including a valid e-mail address.
We would like to draw your attention to the importance of entering complete and exact information about yourself so that Tupak may be able to carry out a Study that will be as thorough as possible. This ensures the work performed is of quality. As a result, it also ensures that you receive customized services of quality.
After you have made your payment (cf 'how do I pay?' in this document), you will receive a confirmation message at the e-mail address which you indicated.
Then, you will receive, at the address that you indicated, the product you ordered. Later, other proposals for chargeable studies, the price of which will be clearly indicated, will be sent to you. You are entirely free to accept or ignore these new offers.
After you bought a product in the “Tupak’s Secret Boutique”, you will also receive Tupak’s Newsletter on a monthly basis. This Newsletter is entirely free and never links to a chargeable offer.
At any time, you have the option to unsubscribe from all communication sent by tupakpsychic.com. (cf 'how do I unsubscribe?' in this document).
tupakpsychic.com allows you to pay online via a fully secure banking network.
The following payment methods are offered by the payment solutions or certified PCI DSS suppliers:
You have the option to pay for the Services and/or Products offered in one installment or three installments, with no fees. We never add any delivery charges. Depending on your country of residence, your bank may charge you a currency conversion fee or various taxes. We do not charge you these fees under any circumstances.
On tupakpsychic.com, payments are processed in the currency of your country of residence. If this is not the case, the payment currency will be clearly indicated.
You enter your confidential credit card details in a secure area fully managed by our payment solutions or certified PCI DSS suppliers. Kandinsky & Partners does not have access to this entirely secure area under any circumstances.
If your credit card is refused, the payment solutions or certified PCI DSS-compliant suppliers will re-process the payment within the authorized time limit, as many times as the rules in force allow them to.
In order to optimize the quality of the Service and/or Products, we reserve the right to temporarily or permanently add, remove, suspend or replace one or several payment solutions offered by the payment solutions or certified PCI DSS-compliant suppliers without informing you in advance.
tupakpsychic.com offers a satisfied-or-refunded guarantee covering the last Service or Product purchased.
You can obtain a refund over the 30 days that follow your purchase by going to the contact page you can access via the link. Write “refund request” and the name of the Product or service you would like to have refunded in the message body.
Our customer service will carry out the refund and send it to the bank account linked to the bank card you used for the payment. If we cannot pay your refund to this account, the refund will be made using a check sent to your postal address.
In order to benefit from this refund guarantee under optimum conditions, we would like to draw your attention to the importance of entering complete and correct information (your surname, first name and full postal address).
If you want to unsubscribe from all of our Services, you can ask for it on the contact page you can access via this link or via the cancellation-of-subscription link appearing in the e-mails you receive.
The link to cancel your subscription appears in all the e-mails sent by Tupak.
In order to provide you with top-quality Services and Products, Kandinsky & Partners has set up a customer service department that can deal with most of your remarks and claims directly.
This customer service department will communicate with you, as a priority via e-mails. Our agents are extremely competent to answer your questions (if need be, after consulting Tupak) or to send your electronic services once again to you should you have failed to receive them.
For a request for a refund, please consult the 'How do I get a refund?' section of these General Terms and Conditions of Use.
Warranties and disclaimers related to Services
Our Services are subject to an obligation of means, and provided within the limits of what is technically reasonable. We hope that you will enjoy using them. However, our Services have a limited warranty with regard to the results of the free trial and/or subsequent Complete Studies. We provide our Services “as are” and “as available”.
Unless expressly provided for by these General Terms and Conditions of Use, neither Kandinsky & Partners, nor its suppliers make any specific promises or predictions about the Products and/or Services, either express or implied, including but not limited to fitness for a particular purpose. For example, we do not enter into any commitments regarding the content of the Products and/or Services, the specific benefits expected by means of the Products and/or Services, their availability or their ability to meet your needs. We would like to remind users that our Products and Services are essentially for entertainment, recreational and cultural purposes. Without limiting the foregoing, Kandinsky & Partners does not warrant the accuracy, timeliness, completeness, reliability or availability of Kandinsky & Partners’s website or the information or results obtained from the use of Kandinsky & Partners’s website, or that Kandinsky & Partners’s website is virus-free or error-free.
Certain jurisdictions where we offer our Services do not authorize the exclusion of certain warranties. To the extent permitted by the applicable law, we exclude all and any warranties.
Limitation of liability
To the extent permitted by the applicable law, in no event shall Kandinsky & Partners, its suppliers and service providers accept liability to any person for any direct or indirect loss of profits, revenue or data, or for indirect, special, consecutive, aggravated or punitive damages or interest, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of these web pages, even if Kandinsky & Partners has been advised of the possibility of the same.
To the extent permitted by the applicable law, the total liability of Kandinsky & Partners, its suppliers and service providers, for any claim arising from these General Terms and Conditions of Use, including for any implicit warranty, is limited to the amount you paid us to use our Services.
Under no circumstances can Kandinsky & Partners, its suppliers and service providers be held liable for any loss or damages which were not reasonably foreseeable.
We recognize that, in some countries, you can enjoy certain rights as a consumer. No clause in these General Terms and Conditions of Use limits the consumer's legal rights which cannot be waived by any contract.
Intellectual property and trademark protection
Other than royalty-free images, the full contents of the website tupakpsychic.com including, without this list being exhaustive, the texts, images, trademarks, logos, acronyms, algorithms, software, music, sounds, photos, videos, drawings or other materials contained in the sponsored adverts or adverts sent via e-mail, commercial information produced and presented by the website tupakpsychic.com, its suppliers or advertisers, are protected by intellectual property law, trademark law, patent law or any other law recognized by the legislation in force in the country in which Kandinsky & Partners is based.
By accepting these General Terms and Conditions of Use, you undertake not to copy, use, exploit, reproduce, distribute the information transmitted or create derivative works using the communication received from tupakpsychic.com without obtaining express written permission from Kandinsky & Partners.
Kandinsky & Partners reserves the right to permanently deny you access to the Services offered and to immediately close your customer account if you breach these General Terms and Conditions of Use.
Resolution of Claims or Disputes
Kandinsky & Partners hopes to make you a happy customer and most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department through the contact page that can be accessed from this link. If, however, there is an issue that still needs to be resolved, this Agreement describes how both of us will proceed.
Please read this Agreement carefully. THIS AGREEMENT STARTS WHEN YOU ACCEPT. You accept when you do any of the following things after an opportunity to review this agreement: give us a written or electronic signature; tell us orally or electronically that you accept; keep the product for more than 30 days. IF YOU DO NOT WISH TO ACCEPT THESE TERMS, YOU MUST INFORM US WITHIN 30 DAYS AFTER RECEIPT. If you request it, we will credit your account in full for the product or service.
This Agreement (the “Agreement”) affects your legal rights and remedies and provides that disputes between you and the seller of this product, Kandinsky & Partners (the “Company”), must be resolved through binding arbitration rather than in a court.
Any claim or dispute between you and Kandinsky & Partners (or any of Company’s subsidiaries or affiliates) arising out of or relating in any way to the product or service or this Agreement shall be resolved through final, binding arbitration. This obligation applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Included are all claims arising out of or relating to any aspect of our relationship; claims that may arise after the termination of this Agreement; and claims related to direct marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls.
We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to Kandinsky & Partners shall be sent to the following address: Kandinsky & Partners Ltd – Flat B 9/F / Hua Chiao Commercial Centre / 678 Nathan Road – Mongkok – Hong Kong – Business Registration # 1264735 – VAT identification nbr: EU826410345. Upon receipt of such Notice, the other party shall have a thirty-day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day cure period, you or the Company may commence an arbitration proceeding. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) in accordance with the provisions of its International Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The number of arbitrators shall be three. The language of the arbitration shall be English. The arbitration of any claim or dispute under this Agreement shall be conducted in Hong Kong or in the location in which you received this Agreement or in your home state or country.
For any non-frivolous claim that does not exceed US$25,000, Kandinsky & Partners will pay all costs of the arbitration and will agree to conduct the arbitration through the AAA offices in your home state. For any claim under US$10,000, Kandinsky & Partners further agrees that any hearings may be held by telephone and that the Company will not seek attorney’s fees in the event the Company prevails. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.
For U.S. residents only: This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq.
About these General Terms and Conditions of Use
The General Terms and Conditions of Use come into force on the date which you accept them and continue for an indefinite period unless you unsubscribe from the Service (Cf 'How do I unsubscribe?' in this document).
We reserve the right to change these Terms and Conditions of Use at any time without notice, for example to reflect changes in the law or in our Services and/or Products. We recommend that you consult these Terms and Conditions of Use regularly.
The changes will not apply retroactively and they will come into force on the date of update indicated at the top of the document. If you do not accept the changes made to the General Terms and Conditions of Use, you must stop using our Services and/or Products. By continuing to use our Services and/or Products after these Terms and Conditions of Use have changed, you will be confirming that you have read and understood, and agreed to be bound by any revised Terms and Conditions of Use.
To the extent that any provision of these General Terms and Conditions of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in a jurisdiction, that provision shall be deemed not to be part of these General Terms and Conditions of Use but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these General Terms and Conditions of Use, in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these General Terms and Conditions of Use in any other jurisdiction.
The preceding sentence does not apply to New Jersey residents or transactions.
How can I contact you?
If you have any comments or questions about these General Terms and Conditions of Use, you can contact me through the contact page you can access by using this link.