GENERAL CONDITIONS OF SERVICE
www.espchat.com
Customer Care: (877) 668-0781

CONTENTS :
1. SCOPE OF THE GENERAL TERMS & CONDITIONS OF SERVICE
1.1. Description of Services and prior information
1.2. Geographical Coverage
1.3. Approval
1.4. Modifications
1.5. Violation
2. Subscription to the Service(s)
2.1. Registration/Subscription
2.2. Rates
2.3. Beginning of services in the private consulting area
2.4. Duration
2.5. Invoicing of the subscription and services
2.6. Payments
2.7. Access to the Forum
3. Private area and access to such services
3.1. Access
3.2. Responsibility for the connection parameters
3.3. Responsibility and behavior
3.4. Precautions to be taken by the Client/User during private consultations
3.5. Respect of the confidentiality of Users/Psychics relations by ESPchat during private consultations
3.6. Identity and pseudonym
3.7. Opening of a connection


1. SCOPE OF THE GENERAL TERMS & CONDITIONS OF SERVICE

1.1. Description of Services and prior information

  • Access to the public area is included in the subscription of each Client/User. The chat exchanges of the public area are accessible to all subscribers. Access to the private area is reserved for subscribing Clients/Users and is available after payment for private access to a Psychic. The chat exchanges of the private zone are only accessible to the specific Client/User and Psychic.
  • Before being given access to the public or private areas of the website ESPchat, Psychics must have committed themselves to respect the General Conditions of Service of the website. Before any access to the public or private areas of the website, all Psychics must read the present General Conditions of Service and pledge to respect them.

1.2. Geographical Coverage

  • This website is open to users of any country of the world where the national legislation does not specifically prohibit ESPchat activities and, in general, the professional practice of divinatory arts.
  • Should this website or the services herein offered, or the manner in which they are proposed, be banned in full or in part by the national law of the place of residence of the User, it is the responsibility of the latter to refrain from accessing the website from this territory or to access it from other territories where they are legal. Any User choosing to access the website ESPchat from a territory where it is known to be illegal in full or in part is deemed to be doing it at his/her own initiative, and at his/her own risk, thus assuming personally the consequences of the non respect of public order of his/her country of residence, without any prejudice to the owner of the website.

1.3. Approval

  • By accessing the website, any Visitor is subject to these General Conditions of Service. When concluding one of the contracting formulae presented on the website, the Visitor becomes a Client/User of ESPchat for the duration of the service contracted and is submitted to the General Conditions of Service. The User recognizes having read the general information presented on the website ESPchat when accessing the site, as well as the information fact sheet describing the Profession of Practitioners of Divinatory Arts.

1.4. Modifications

  • ESPchat reserves all rights to modify, at will, the General Conditions of Service as necessary and depending on the technical evolution of the ESPchat website, of the commercial models used and of the evolution of the legislation. The use of the website and of the services there proposed is always regulated by the latest version of the General Conditions of Service posted on the website and accessible to the Visitor when entering the site. It is the Visitors’ and Client/Users’ responsibility to refer as often as necessary to these General Conditions of Service that are available on the public as well as on the private areas of the site.
  • When using the Services offered on this website, any Client/User may be submitted to other directives or rules mentioned on the website which apply to the services proposed and which may contain terms and conditions which complete the present General Conditions of Service. All these directives or rules are deemed to be included in the present General Conditions of Service.

1.5. Violation

  • Not respecting any part of the present General Conditions of Service automatically puts an end to the authorization to use this website and the services thereby offered. Any violation of the present General Conditions of Service gives ESPchat the right to refuse in the future to deliver any service to the author of the said violation, and without prejudice to ESPchat’s liability.

2. SUBSCRIPTION TO THE SERVICE(S)

2.1. Registration/Subscription

  • The subscription to any consultation service is done online on the website ESPchat further to:
    • The identification of the Client/User
    • The payment of the subscription for the duration(s) mentioned in the present article.
    • The Client/User can subscribe for unlimited access to the public area of the website for a duration of FIVE DAYS at the rate indicated on the website in order to test free of charge or for an unlimited period the offered services. The Client/User can close his subscription account at any time during the test period s/he has chosen. Should s/he not close the account before the end of the test period, the Client/User is automatically subscribed to the services for a period of 30 days (as from the date following the last day of the test period) and tacitly extended for similar periods unless s/he cancels the subscription by closing the account at least 48 hours before the end of the current period. Any other subscription not having been made through a 5-day trial period will be tacitly extended for a similar period unless cancelled by closing the account at least 48 hours before the end of the current period.
  • Only subscribing Clients/Users can access the whole spectrum of services offered on the website, among which the private areas, by paying as they go by choosing one of the payment options indicated.
  • The Client/User pledges to fill in accurately all the fields of the subscription registration forms and service order forms.
  • ESPchat reserves the right to reject any subscription request submitted by a physical or moral person who does not conform to the General Conditions of Service or who does not duly fill in the requested information in the aforementioned forms.
  • When registering all Clients/users must certify that s/he:
    • Is of legal age;
    • Is not submitted to any measure for the protection of minors; tutelage, guardianship, or Justice protection;
    • Is not using medication for psychiatric illnesses;
    • Is not is a state of depression;
    • Has judgment;
    • Can freely consent.

2.2. Rates

  • The rates for the services are those published on the website ESPchat. They are identical for all the Clients/Users who have subscribed to identical services at the same moment.
  • Depending on the Services chosen by the Client/User, the subscriber may benefit from occasional rebates or promotions for the duration indicated on the web pages in the registration forms s/he has to fill in when subscribing online.
  • Rates for consultations in the public area:
    • In the public area the consultation of Psychics is limited to Subscribers. It is included as a lump sum on an unlimited basis in their subscription during the duration of the subscription.
    • The Client/User declares he will systematically consult the rates published on the website before each new subscription or renewal thereof.
  • Rates for consultations in the private area:
    • The rates are those posted on the website ESPchat at the moment of the request for a private link with a Psychic by the Client/User.
    • The Client/User declares s/he will systematically consult the rates published on the website before each request for a direct link with a Psychic and acknowledges that the opening of the link represents an acceptance of the rates announced.
  • The subscriptions or purchases of services, whether in the public or private areas, are non refundable nor convertible into another value, nor exchangeable notably between Clients/Users.

2.3. Beginning of services in the private consulting area

  • The access service to a Psychic in the private area begins only from the moment the Client/User is in actual communication with the Psychic s/he has selected and for which s/he may be waiting to be put in relation after the Psychic is connected to the website ESPchat. The waiting period is not charged.
  • If the communication between the Client/User and the Psychic fails for whatever reason not attributable to the will or action of the Client/user, no charge is carried out and the Client/User can retry to connect.
  • If the communication between the Client/User and the Psychic fails for whatever reason not attributable to the will or action of the Client/user, the Client/User is charged prorata temporis for the actual connection time if the Client/User had opted for a per-minute connect time.
  • In case of a failure of the transmission of the question or of the non reception of the question by the Psychic to whom the question was submitted, the application software counting the questions submitted will cancel the question and the charge of the question to the Client/User.

2.4. Duration

  • When the Client/User has chosen in the order form the option of consultation per minute, the duration of the communications is measured by the software operating on the website ESPchat which is not under the control of the Psychic with whom s/he has been put in relation. The software registers and records the hours, minutes and seconds of the beginning and the end of the communication with the Psychic. The duration measured by the software is the basis for the deduction of time units from the User account that was pre-credited with time units by the Client/User when s/he made his/her payment. The abovementioned connection data are destroyed automatically 120 days after their creation at the latest.
  • Any complaint concerning the deductions made to the Client/User account must be formulated by the Client/User in an e-mail sent to the address indicated in his/her personal space before the expiry date of THREE CALENDAR MONTHS as from the date of the deductions. After this expiry date no complaints will be accepted. In case of disagreement, the Psychic put in relation can be questioned concerning the validity of the durations of the service. The validation or correction of the real duration of the service by the Psychic is binding to the Client/User.

2.5. Invoicing of the subscription and services

  • The invoices are made available in electronic form by ESPchat and are elaborated at each purchase of service. They never include the name of the Psychic(s) with whom the Client/User have been put in relation, nor their specialty nor the moment of the connection(s).
  • Any complaint from the Client/User regarding an invoice can never be a waiver to its payment or constitute a justification to a reimbursement as a measure of conservation. Should the complaint be justified, any credit to the contested invoice will be settled by either the issuance of time credit units made available to the Client/User and corresponding to the amount contested by the Client/User and accepted by ESPchat, or its full or partial reimbursement as preferred by the Client/User.
  • The Client/User mandates ESPchat to proceed in his/her name with the payment of the sums due to the Psychics with whom he/she was put in relation.

2.6. Payments

  • The sums due must be paid in full at the date of purchase, which is at the moment of the subscription or of the purchase of services for the connection with a Psychic. The Client/User can settle the sums due by credit card and/or an authorization to a debit account given by the Client/User to his Internet provider depending on whether one or the other payment methods is made accessible on the website. ESPchat does not grant any free credit. The payment is made using the payment mode selected by the Client/User in the registration form or order form. By default, the method of payment is a transaction by credit card approved by ESPchat.
  • In case of insufficient credit in the Client/User bank account or rejection of the credit card, the subscription or purchase order will not be fulfilled.
  • During a connection, if the purchased connection credit available is insufficient to cover the requested consultation, the connection will be automatically suspended by the website ESPchat without any intervention from the Psychic consulted. Such an interruption will not be considered as constituting a prejudice or a case of non- execution of the contract that the Client/User can claim against ESPchat.
  • The cancellation of the subscription to the website due to the closing of the private area by either the Client/User or ESPchat for a legitimate cause does not entitle the Client/User to any reimbursement of the remaining time units of the subscription or to the services purchased and not yet utilized.

2.7. Access to the Forum

  • In addition to the subscription to public and private chat services, the Client/User can freely access via ESPchat a public forum for the exchange of ideas between Clients/users and Psychics: "Members' feedback". This forum is not a place for consultations.
  • The Client/User commits him/herself to maintain a courteous and respectful attitude with others and respect applicable laws when using the Forum. In particular s/he pledges not to publish messages or information, under whichever form or nature which may be:
    • Contrary to public order and to morality;
    • Injurious in nature, defamatory, racist, xenophobic, revisionist or attacking the honor and reputation of others;
    • Conducive to discrimination or hatred towards a person or group of persons because of their origin, belonging or not to an ethnical group, a nation, a race or a religion;
    • Threatening a person or group of persons;
    • Pedophilic in nature;
    • Inciting people to commit offences, crimes or terrorist acts or making the apology of war crimes or crimes against humanity;
    • Inducing people to commit suicide;
    • Giving access to third parties, directly or indirectly, to illegal software, to software serial numbers, to software enabling pirating or intrusion into computer or telecommunication systems, to viruses or other IT program bombs, and, generally, any software tools of any nature which may breach the rights of people and constitute a breach to the security of people and property.
  • The Client/User is informed that the postings on the Forum are controlled by a moderator who can -- in the case of non-respect of the abovementioned rules -- summon the Client/User, exclude him/her either temporarily or definitively from the Forum. In case of exclusion from the Forum, the Client/User is not entitled to any form of reimbursement whatsoever or to receive any form of compensatory exchange or purchase voucher from ESPchat or from any other member of the Forum of the Client/User who has been excluded.

3. PRIVATE AREA AND ACCESS TO SUCH SERVICES

3.1. Access

  • The Clients/Users can gain access to the public and private areas of the web platform after activating their connection parameters (login ID and password) that have been determined when registering on the ESPchat website, and confirmed by an e-mail. It remains the responsibility of the Client/User to verify the correctness of the e-mail address supplied in the registration form since it constitutes one of the identifying elements of the client account. Should the e-mail address prove to be wrong, the Client/user may not be able to access his web account and such a failure cannot be attributed to ESPchat.

3.2. Responsibility for the connection parameters

  • It is the responsibility of the Client/User to maintain the confidentiality of the connection parameters (login and password) that he has him/herself chosen and registered in the registration forms. S/he is responsible for their good use whether or not s/he has authorized them or not really or expressly. The Client/User is not authorized to hand over or transfer the connection parameters to any third party.
  • In case s/he has forgotten his/her confidential access code, the Client/User can trigger a restitution procedure by supplying an identifier via the online system.

3.3. Responsibility and behavior

  • Each Client/User pledges to:
    • Use moderately the consultation areas put at his/her disposal.
    • Be courteous in his/her exchanges with the Professionals.
    • Not make demands to Psychics that are contrary to the present General Conditions of Service, public order or morality.
    • Refrain from asking the clairvoyant professionals to confirm or make plausible information that s/he knows to be incorrect.
    • Maintain the necessary discretion and confidentiality of the information received from the Clairvoyant Professionals as it is normal between two people exchanges confidences.
    • Refrain from spreading slander, alarmist information or rumors - whatever their degree of credibility - which could cause harm to someone by pretending that they have been communicated by a Professional Psychic on the website ESPchat.

3.4. Precautions to be taken by the Client/User during private consultations

  • By right of the respect of the confidentiality of the exchanges during the private consultations with a Psychic, the Client/User has the responsibility of making sure that the e-mail address he enters in the registration form is really his/her personal one and that no other person can have access to it. To communicate with a Psychic via the ESPchat , and in case of conflict with a third party, the Client/User should not use the e-mail address given to him/her by this third party.
  • It is the responsibility of the Client/User to verify that this e-mail address is valid and does not contain any error which could lead to messages being diverted from the original destination and be received by third parties.
  • The Client/User must verify that his/her e-mail system has the appropriate capacity to receive reply messages. Should these precautionary measures not be fulfilled or should the inbox not be regularly purged, the reply to the consultations may never reach the Client/User and ESPchat. is not is a position to intervene in any way.
  • In order to prevent any occasional computer user to access accidentally or maliciously his/her client account and/or personal area, each Client/User is to memorize his/her confidential password code without writing it on any paper or in an electronic file and must not deactivate the password registration functions of his/her Internet browser or of the computers operational system.

3.5. Respect of the confidentiality of Users/Psychics relations by ESPchat during private consultations

  • For private consultations between a Client/User and Psychics, ESPchat only ensures the technical link between the Client/User and the Psychic in a private area allowing only confidential exchanges between the specific Client/User and the selected Psychic.
  • ESPchat has absolutely no possibility of accessing the content of the exchanges between the Client/User and the Psychic even if the Client/User requests it in order to restore data or information that he/she would have deleted by mistake from his/her private area.
  • The invoices sent to the Client/User by ESPchat can never bear the names of the Psychics with whom s/he has been put in contact.

3.6. Identity and pseudonym

  • When put in connection with a Psychic, any Client/User, should s/he wish, can appear either under his/her own name or with a pseudonym that s/he has freely chosen at the moment of registration on the ESPchat platform.
  • The Client/User is obliged to choose a pseudonym that is neither offensive nor disrespectful to the fundamental rules of courtesy. Conversely, the Psychic is allowed to reject the connection.
  • ESPchat can prohibit the connection of a Client/User with a Psychic in case the former is using an offensive or disrespectful pseudo until s/he has changed it without. Such a prohibition cannot constitute a motive for complaint or for the reimbursement in money or in time units.
  • The change of username by the Client/User has no incidence on his/her exclusion from the services in full or in part, especially when s/he has been placed by a Psychic on a black list because of the conscience clause thus barring the Client/User from any connection with this Psychic.

3.7. Opening of a connection

  • Psychics appear to Clients/Users as being available to receive a question or to enter into a consultation area only once they have connected to their personal area and activated the available statute.
  • ESPchat customer care phone number: (877) 668-0781