Terms & Conditions of Service
The Site and the provided products and services are delivered by the Five Star Psychics team (hereinafter “Five Star Psychics”). The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Five Star Psychics and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
Five Star Psychics provides a service connecting users with world class, five star physics located around the world via a multimedia communication suite, board posts and a forum, among other functionalities provided from time to time (collectively, the “Service(s)”).
Five Star Psychics provides with its users with a web platform where: (i) the general public may freely browse a directory where they will see the contact details of persons providing psychic services, thereby allowing them to remit personal inquires to such persons; and (ii) persons who may register into the Site and show their credentials and contact details to the general public. Access to the Site is offered only for your use, and not for the use or benefit of any third party. Access to the Site may be terminated or suspended, without prior notice or liability of Five Star Psychics.
You acknowledge that the actual profiles shown though the Site are of independent persons not associated with us in any manner, that their services are undertaken by them personally, not by Five Star Psychics or its officers, employees, contractors, agents or representatives, and that it will be your own responsibility to ensure that the credentials, resume, practice and capabilities of any persons contacted through the Site meet any of your specific requirements.
The Site contains general information about psychics and is only for reference, and such information does not constitute: (i) medical advice, diagnosis, treatment or a substitute for consultation with a qualified behavior health professional; or (ii) the exercise of medicine, psychotherapy, psychology, psychiatry or other profession. Five Star Psychics’ Services should not be treated as such. You must not rely on the information on this Site as an alternative to any psychotherapy, psychological, psychiatric or other behavior health advice, diagnosis or treatment from your doctor or professional provider. Always consult your behavior health professional regarding any inquires about your health.
Please take into the strictest note, that we: (i) are not a hospital, pharmacy, behavior health professional, doctor, psychotherapist, psychologist, psychiatrist or distributor of any kind of medical or healthcare items, publications or supplies; (ii) we do not engage into the practice of medicine or any kind of behavior health or licensed professional activities; (iii) we do not offer any kind of behavior health, psychotherapy, psychological, psychiatric or other treatment, assessment or diagnosis; and (iv) we shall not be held liable or responsible for any damages, losses, costs, expenses and/or liabilities arising out of or related to any professional or medical or healthcare services or advice or any information obtained or shown through the Site.
If you continue to browse and use Five Star Psychics, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Five Star Psychics’ relationship with you in relation to the Site, along with any products and Services offered thereby.
Five Star Psychics reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
If you have any questions or complaints regarding the Site or our Services, please contact us as indicated in our contact web page. We may offer live-chat services where you will be able to chat with one of our customer agents in order to express your queries. Of course, you can always email us. We will undertake our commercially reasonable efforts in order to answer as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.
We use worldwide accepted third-party payment processors to bill you through a payment account linked to you, including, but not limited to, Click4Advisor (owned by SPG Solutions). You hereby authorize us the charging of fees through your indicated payment processing account.
The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Five Star Psychics is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.
You must provide us valid and current billing information. Except as expressly set forth herein, all payments are final and non-cancelable or non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations. As a general rule, we do not offer refunds, but you can always contact our team with questions about your order, and we will strive to answer them and work together to solve any such doubts.
Account Registration and Security.
In order to use our Products or Services, you may need to create an account, including all mandatory fields on the registration form. Registering an account with us is free. Please must provide accurate and complete information. You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody.
You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password.
Account Suspension, Termination.
Five Star Psychics encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use Five Star Psychics, or if you suspect a breach of security or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to our Services.
Five Star Psychics encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Five Star Psychics does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may not use them, even under the direct supervision of your parent or legal guardian. Five Star Psychics does not knowingly collect any kind of information from any person under the age of eighteen (18), and will delete any related information thereto.
As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Products or the Services in order to:
- Infringe these Terms, or allow, encourage or facilitate others to do so.
- Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and the Services are the property of –or otherwise are licensed to– Five Star Psychics or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in Canada and other jurisdictions throughout the world.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) Five Star Psychics begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) Five Star Psychics’ termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Five Star Psychics to you from time to time; or (v) Five Star Psychics’ decision to make the Site or the Services no longer available for use, at its sole and final discretion.
Third Party Links.
The Site and the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites, products or services.
From time to time, we may place ads and promotions from third party sources within the Site. Accordingly, your participation or undertakings in promotions of third parties other than Five Star Psychics, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Five Star Psychics is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Disclaimer of Warranty.
To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Five Star Psychics, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.
In no event shall Five Star Psychics, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Five Star Psychics, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
Limitation of Liability.
In no event shall Five Star Psychics’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount.
These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. For purposes of this limitation of liability, Five Star Psychics’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.
You agree and acknowledge to indemnify, hold harmless, and defend Five Star Psychics, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Five Star Psychics’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Five Star Psychics’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Five Star Psychics); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.
Events outside of Five Star Psychics’ Control.
In no event shall Five Star Psychics be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, force majeure, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Five Star Psychics shall use reasonable commercial efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
Assignment. These Terms will inure to the benefit of any successors of the parties.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.
Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
No Waiver. Failure by Five Star Psychics to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Five Star Psychics are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.
Taxes. You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.
No Waiver. Failure by Five Star Psychics to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
Applicable Law, Dispute Resolution.
Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of Canada, without regard to conflict of law principles.
Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of Windsor, Ontario, Canada. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
If you have any questions or queries about us, the Site, our Services or these Terms, please contact us as indicated in our contact page.
Date of last effective update is May 10, 2019.