Terms and Conditions of Use

Effective Date: 29.03.2023

THE AGREEMENT: These Terms and Conditions of Use (the "Terms of Use") apply to the ASTELLAR TECH LIMITED (hereinafter referred to as "Company") website located at madamedestin.com (hereafter, the "Website"), its subsidiaries and affiliates, including the Company’s sites around the world. The Site is the property of the Company. These Terms of Use shall govern the use of all pages on this Website and any services provided by or on this Website ("Services"). BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE.

ASTELLAR TECH LIMITED reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

1. DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

a) Company, Us, We: The Company, as the creator and operator of the Website, makes the Website, and certain Services on it, available to our Users. ASTELLAR TECH LIMITED, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

2. CONTENT

madamedestin.com is your perfect astrology guide. Find out everything about yourself and the people who surround you with the help of free horoscope reports. Explore your beautiful personality by studying your ascendant and lunar signs. Get ready for future challenges and pleasant surprises with daily horoscopes. Excited to get your free personality report? Join now! You will have 3-day access to our Service.

Everything what You need to know on the whole world of astrology you will find on our Website on a fee-based membership.

The date of Your account registration shall also be deemed as the date of the paid membership start in effect (according to the conditions provided hereto), and the fact of Your account registration means Your express consent with conditions of this clause including Your consent to the paid membership.

Account holders access the Services using following types of paid Memberships:

1.95 EUR Trial Service:
Your trial membership will entitle You an access to our Services with the price of 1.95 EUR for a period of 3 days since the date of your account registration;
44.99 EUR Service:
Since the first day after the Trial Service period ends up (means 3 days after the account registration date) You will be entitled to our Service based on a 14 days’ fee membership with a price of 44.99 EUR for each 14 days of the membership.

You will be charged in your local currency based the exchange rate at the moment of your purchase - 1.95 EUR for Trial Service and 44.99 EUR since the first day after the Trial Service period end up correspondingly.

The prices are subject to offers, discounts and changes in favour of the customer may be applied at any time, You will be notified by email beforehand. Please note that we reserve the right to alter discount amount from 10% to 50% (usually varies individually), the exact percentage of discount is sent by email notification before the re-bill charge.

You will be charged the rate stated above, (all applicable taxes are included), every 14 days for the duration of Your membership. If the applicable VAT rate (or other included tax or duty) changes the tax-inclusive price will adjust accordingly (You will be informed about it one day before Your re-bill in the notification email).

We undertake to send our customers, immediately after the membership, an email with the following details of the membership:

• Name of the Website
• Price of the membership
• Duration of the membership
• Connection identifiers
• Date and time of the renewal
• Renewal price
• Duration of the renewal
• Customer`s email address
• Cancel membership link.

In addition, You will receive another email-reminder, 24 hours before the expiry of the trial period, informing You that the trial period is coming to an end and providing You with a link to cancel membership.

You can easily cancel the paid membership by sending a request to our support by email to support@madamedestin.com. Please be aware that the descriptor (or subject that appears on Your credit card entry will be mdestin.com +40 377 880 198, madestin.com +40 377 880 198, mdestpay.com +40 377 880 198, madamedestin.com +40 377 880 198, madamede1.com +40 377 880 198, mdstpay.com +40 377 880 198, madamdess.com +40 377 880 198, madmbill.com +40 377 880 198, operated by ASTELLAR TECH LIMITED, an eCommerce merchant located in Romania.

3. ASSENT & ACCEPTANCE

By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.

4. LICENSE TO USE WEBSITE

The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

To use this Website You must be 18 years old or of legal age in Your country/state to which You are entitled to enter into independent contracts if that age is more or less than 18 years for Your country/state. Persons who are under 18 or under the legal age, which allows separate contract ("Minors") are forbidden to use the Website.

5. INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Website is owned, controlled by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

6. ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

You further agree not to use the Website or Services:

I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To perpetrate any fraud;
IV) To engage in or create any unlawful activities;
V) To undertake any actions that may incite any violence, hate, or discrimination towards any person.

7. PRIVACY INFORMATION

Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in Romania, European Union and any other country where We may operate.

a) Information We May Collect or Receive: Depending on how You use Our Website or Services, We may receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers, including other marketers.
c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser.

For detailed information please refer to our Privacy Policy.

8. REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

9. INDEMNIFICATION

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

10. MODIFICATION & VARIATION

The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

11. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

12. SERVICE INTERRUPTIONS

The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

13. TERM, TERMINATION AND SUSPENSION

The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

14. NO WARRANTIES

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

15. LIMITATION OF LIABILITY

The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

16. GENERAL PROVISIONS:

a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in English.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of Romania shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the jurisdiction of Romania. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The place of arbitration shall be in Bucharest, Romania. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. Each Party shall bear their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email Us at the following address: support@madamedestin.com.

17. COMPLAINTS PROCEDURE

If You have a complaint about our Services, we want to hear about it and we will do our best to put it right. Our Customer Complaints Procedure has the following goals:

• To deal with complaints fairly, efficiently and effectively;
• To ensure that all complaints are handled in a consistent manner throughout;
• To increase customer satisfaction;
• To use complaints constructively in the planning and improvement of all Services.

18. WHO CAN COMPLAIN?

Anyone who is:

• Receiving a service from ASTELLAR TECH LIMITED;
• Caring for someone who has a complaint.

19. HOW TO COMPLAIN

ASTELLAR TECH LIMITED would like to sort out any complaint as soon as possible. If You are not satisfied or do not wish an informal solution, You may pursue a formal complaint. Write down Your complaint and send it to: support@madamedestin.com.

You will receive acknowledgement of Your complaint within 14 working days. You may be contacted to make sure that we have understood Your complaint properly. You may be asked to provide more details in order to investigating the complaint. You will receive a response to Your complaint within 28 working days of its receipt. Any extension of this time limit requires Your consent.