Conditions of Use
« JAMES ADVISOR » is a service offered by:
New Lotus Web Limited (hereinafter also referred to as “The Organiser”) domiciled at New Lotus Web Limited, 3.3 Irish Place, GX11 1AA - Gibraltar (For your information James do not make inquiries at this address, do them by email only) and commercial registration number 116478, (hereinafter “The Organiser”).
“The Organiser” is rendering this service in accordance with the following conditions, which are exclusively applicable to the service that is offered on and through the website “james-advisor.com” (hereinafter “THE WEBSITE”). Any other marketing or distribution channel may involve changes with regard to these conditions.
Any individuals may participate in this service called “JAMES ADVISOR” who are older than 18 years of age, with the full capacity to enter into agreements, and who have read and accepted these Conditions of Use (this document may be printed and stored by visitors and users), and, where applicable, are registered as users and comply with the obligations inherent to the status of partners.
Any registration establishing that the user does not comply with the conditions for participation (due, among other reasons, to being a minor, or not accepting its conditions) will not be considered valid.
Therefore, the user, even having provided their data, will not be considered a registered user, nor will their data be stored in any way.
By participating in “JAMES ADVISOR”, the user accepts that “the Organiser” can offer him for free, a series of advice, directions and/or thoughts of a general or personalized nature, as well as products or products of third parties, in accordance with the conditions stipulated in this present document.
2. Description of the service
By way of “JAMES ADVISOR”, “The Organiser” offers a system of information in the arts and sciences of divination, especially astrology, numerology, taromancy and horoscopy.
Said system of information may have two varieties:
- Free services in matters of the arts and sciences of divination, especially astrology, numerology, taromancy and horoscopy by email.
- Paid customized services, offering individualized products and/or services in matters of the arts and sciences of divination, especially astrology, numerology, taromancy and horoscopy.
The distinction between both types will be made, in any event, in a manner that leaves no question about its nature, and it will include the applicable terms and conditions.
In any case, the information that is offered, whether it is free or compensation is provided by way of a payment, shall not be considered medical, legal, real estate, psychological, emotional or economic/financial advice or advice of any other type. Furthermore, it shall not be used as a foundation for making decisions. It should not replace the advice of other professionals. It is of a recreational, cultural and playful nature, in an esoteric and/or spiritual setting, providing a different perspective about the aspects that are the subject of the consultation and information.
All products or services that, where applicable, are offered by this website and/or the subsequent communications thereof will be digital, with the exception of possible telephone consultations, being sent to their recipient at their email address that, where applicable, has been provided.
The name “JAMES ADVISOR” is a commercial and trade name and “james-advisor.com” is also a trade name. In both cases, the rights regarding them are held by “The Organiser”.
3. Operation of the service
“THE WEBSITE” allows free access (beyond the costs arising, where applicable, from accessing the Internet) without the need to provide any personal data or payment.
As an option, users may choose, subject to the expressed approval of these Conditions of Use, for a fortune telling performed by “The Organiser” that will be sent to the email address provided by the user at no cost.
Said fortune telling, like the information provided directly by “THE WEBSITE”, shall not be considered, medical, legal, real estate, psychological, emotional or economic/financial advice or advice of any other sort.
Furthermore, it shall not be used for making decisions. It should not replace the advice of other professionals. It is of a recreational, cultural and playful nature, in an esoteric and/or spiritual setting, providing a different perspective about the aspects that are the subject of the consultation and information. It is performed base on variables arising from the personal data of the user.
In addition to requesting the personal data necessary for rendering the service (which is the purpose of their request), throughout the registration process, or even at the end of it, the user may be offered to enter into an agreement regarding specific extra services, digital media products and/or promotions or services of third parties, which are always additional and optional.
Apart from the main service, “the Organiser” will provide from “JAMES ADVISOR”, and/or all other services managed by him, without any cost for the user and for so long as this latter maintains his quality of user, a series of advice, directions and/or thoughts of a general or personalized nature, in the area of the divinatory arts and sciences, and in particular, in astrology, numerology, the Tarots, horoscopes.
4. Mechanics of the Service
In relation to the free and main service, it consists of fortune telling customised to the user, sent for free by email to the user. The user may subsequently receive new readings, fortune tellings and/or other information of interest to them.
Additionally, and optionally, the user may purchase specific customized products or services. In said cases, and in accordance with the conditions of the product/service that, where applicable, is specified in the corresponding section of the website or in the commercial communications that are sent regarding the matter, the user must provide a method of payment for said products/services. In any event, the digital nature of said products/services shall be taken into account for the purposes of the right to withdrawal, being inapplicable given the nature of the commissioned products/services after they are provided.
Client shall follow each and every one of the instructions that are shown on the corresponding page or in the commercial communications that are sent regarding the matter.
Payment of the price for the products and/or services may only be done by credit or debit cards or other forms of payment that are indicated at that time. Said methods of payment will be subject to confirmation and authorisation by the issuing institutions. However, if said institution does not authorise payment, the purchase procedure that was initiated may not continue, and the request will be automatically cancelled, being understood that the purchase of the product and/or service was not executed.
All attempts of fraud by bankers’ card, counterfeit of a payment card, fraud, breach of trust and/or abusive renunciation will systematically lead to legal proceedings against the person having tried to abuse of our services.
Charges of the price for the specific products and/or services, for the shipment service (where applicable), in addition to any other taxes that are applicable, will be made at the time the request is formalised.
Charges to an account by way of a credit or debit card will be done in United States dollars, in UK pounds or in euros for the amounts indicated at that time, as stated on the website. For informational purposes (which are not exhaustive or official), “The Organiser” provides, prior to and simultaneously with the commissioning of its products and/or services, a tool for converting currency performed by independent third parties for better and greater information to users and Clients. In any event, due to the fluctuations of the currency market and the free adoption of exchange rates by banking institutions, or due to the existence of commissions by the banking institutions, it is possible that the amounts effectively charged in currency different from United States dollars, UK pounds or euros will slightly differ from those that are indicated for informational purposes, for which “The Organiser” is completely uninvolved, who guarantees that it only generates payment orders for the amount that is nominally indicated.
As an electronic payment system, “The Organiser” has installed an electronic commerce payment gateway.
All of the data provided to “The Organiser” for these purposes is encrypted in order to guarantee its maximum security, and it is stored on a secure server certified according to the “Secure Socket Layer” protocol. Under no circumstances will the data from bank cards be stored in the files of “The Organiser”, but rather, where applicable, and for the sole purposes of the contractual process that is executed, by the bank payment gateway.
The entire procedure is carried out in accordance with the provisions of Directive 2015/2366 of the European Parliament and of the Council, on payment services in the internal market (Payment Services Directive -PSD2-) and the parameters established for the SCA (Strong Customer Authentication) in said collected standard.
A period of 14 days is established from the time of the purchase to exercise the right of withdrawal. In any event, the right of withdrawal is excluded in any cases where, due to the nature of the goods/services that are the subject of the purchase, it is impossible to perform, including, specifically: Products provided according to the specifications of the consumer or that are clearly customised and/or digital files, supplied electronically, that can be downloaded or reproduced immediately for their permanent use.
This aspect must be taken into account especially given that, unless stated otherwise, all products that, where applicable, are offered by way of this website and/or subsequent communications that are sent due to said website, will be digital, except for possible telephone consultations, being sent to the recipient by way of an email address that, where applicable, they have provided.
Apart from the main service and all other eventual subsidiary services, “the Organizer” will provide regularly and without any cost for the user, for so long as this latter maintains his quality of user, a series of advice, directions and/or thoughts of a general or personalized nature, in the area of the divinatory arts and sciences and, in particular, in astrology, numerology, the Tarot, horoscopes.
However, as a guarantee of satisfaction and commercial courtesy, "The Organizer" will process the withdrawal and refund of the last amount that would have been satisfied if requested to the email address: email@example.com, in the period of one month from the last payment without being subject to any other condition and without the need for any justification.
5. Commercial Communications
The users of “THE WEBSITE” are informed and provide their authorization to receive advertising by “The Organiser” as well as, where applicable, from the sponsors and/or companies with which a commercial agreement explained on the Website, has been reached, always regarding products and services of interest to them.
This communication may be sent by way of any of the channels provided by the participant: email, SMS, telephone, mail or through the use of social media and computer applications.
In addition, subject to your prior agreement for precisely this, they may receive, in any of the described methods, information and advertising from other related companies or entities, third parties.
The commercial communications may include one or several cookies/markers/beacons that will have both technical purposes (making it possible to improve the receipt of said communications, informing us if they have been received/opened) and advertising purposes, in order to allow for better interaction with the beneficiaries of said commercial communications.
Said markers, whether they are “session” or “permanent” markers have a specific duration, are technically protected against third parties and do not in any case make it possible to identify the user, only customize their experience for better treatment.
At any time they may revoke the consent that was provided from accepting these conditions by sending an email to firstname.lastname@example.org, or by properly configuring their browser and system for accessing/reading email.
The users may totally or partially revoke the consent at any time that was provided upon receiving advertising communications by sending an email to the sender of said communications and to email@example.com.
A total revocation communicated to “The Organiser” will also automatically entail the cancellation of the user's data from the files belonging to the “The Organiser”, blocking them. They will only be kept, where applicable, for ensuring compliance with legal or contractual obligations. Total revocation implies the loss of the status as a user.
In addition to what is set forth by national law applicable to the organiser of this service, any individuals whose personal data is subject to processing may exercise at no cost the rights of opposition, access, rectification, blocking, cancellation and information regarding their data, of portability, of limitation of treatment and all other rights they may have, in the manner and in the form defined by their national regulations. These rights may be exercised through one of the following methods:
In writing, by sending their request, along with the documentation proving their identity, to the following address:
New Lotus Web Limited
3.3 Irish Place,
GX11 1AA - Gibraltar
Or to the email address: firstname.lastname@example.org
6. Terms and Conditions
“The Organiser” will protect their data in accordance with the regulations concerning data protection that are applicable to them. The files are located on the server of “The Organiser” that has the highest levels of security required by the law that is applicable concerning the protection of data.
“The Organiser”, in accordance with applicable regulations, will keep the personal data that it has collected and will adopt the measures that are necessary to prevent its unauthorized alteration, loss, handling or access. Also, all users have the right to revoke the agreement of the sale of their data.
The transfer or data processing may also, if applicable, be done by third parties located in countries that offer a different level of protection than what is set forth in the country of “The Organiser,” although said transfer or handling will always be done fully guaranteeing and respecting their rights.
All of the information provided during the registration process must be accurate, complete and precise. The user is required to contact “The Organiser” (by any of the means indicated in the previous paragraph) in the event changes are made to the supplied information.
All of the provided data may, where applicable, be provided to third-party affiliated companies or companies subcontracted by “The Organiser” for performing specific procedures (customer service, call centers, billing management, collections, etc.).
At the same time, data can be used by “the Organiser” and/or third parties always in an instrumental, accessory, or complementary manner for the principal goals of the database (services and the receipt of commercial communications), so that these goals seem as appropriate as possible.
In the same way, they can be sold to third parties, in order to be sent, by any means (postal, electronic, telephone, computer and by Internet) all publicity and commercial promotions subject to there being a legitimate interest for this and/or that the user has given, by a positive action, his agreement so that his data can be used for commercial goals and for the sale of his data to companies with which agreements of cooperation have been concluded, with a goal directly linked to their legitimate functions and with always the goal of optimizing the providing of services, the user then giving his agreement, in a clear and irrevocable manner, so that this use and sale can be accomplished through international transfers to third parties located in countries where the level of protection would be different to that governing “the Organiser”.
For all questions concerning the exercise of your legal rights for personalised data, you can assign the authorities in control concerning you or the authorities of control of “the Organiser”, in the case where they are different or contact the Delegation of the Protection of Data of “the Organiser” (email@example.com) for which you can obtain complementary data by sending a request to the following address:
New Lotus Web Limited
3.3 Irish Place,
GX11 1AA - Gibraltar
7. Anti-Spam Policy Concerning Commercial Communications Of Third Parties
“The Organizer” has a strict anti-spam policy that guarantees a high level of respect of the laws concerning the ban of spams and unrequested commercial communications and that requires the entire respect of these fundamental principles not only within the company but also on the level of all suppliers or servicing companies it works with.
Owing to this and that “JAMES ADVISOR”, as well as other elements belonging to the “Organizer”, can (or could) be the subject of communications from independent third parties, “the Organizer” multiplies its efforts to assure that communications remain completely respectful and promises to take all the necessary measures (including those in the legal and judicial domains) for the best defense of its interests, its assets (images, names, contents, etc.) its reputation as well as that of its clients, against all third parties (affiliated or not) who would speak or promote the website or other elements of “the Organizer” in an inappropriate way.
Consequently, facing all types of commercial messages, seen on and/or received by all types of commercial channels, we ask you to authenticate the true identity of the creator/sender of this commercial message (where the data will appear on the message) and to communicate to us the worries it could create by following the detailed instructions below. Try to solve directly with the creator/sender all eventual incidences concerned in this message (by asking this third party to no longer send you communications and to erase your data, etc.)
In all cases, and in addition to taking action with this third party, if, at one time, you receive a commercial communication, from any origin whatever that, in your opinion, is, or could be inadequate, whether it concerns its contents or the fact of not having obtained your agreement or for any other reason, and that you wish to file a complaint, we ask you to please send us a copy of this commercial communication (while keeping, as much as possible, the information contained in the heading) to the email address firstname.lastname@example.org. All communications will be dealt with, studied and checked quickly, giving “the Organizer” the possibility to take the appropriate measures to solve the identified incidences, as the protection of our interests and our rights, as for those of our clients, is an absolute priority for “the Organizer”.
All of the prices that appear on “THE WEBSITE” include, where applicable and unless expressly stated otherwise, all of the taxes that are applicable and the shipping costs, if they exist.
“The Organiser” calls upon the users to be particularly vigilant on their consultations, their frequency and the sums spent. In this context, the client can also, at any moment, request the blockage of the use of its services.
9. Cookies on the website
Cookies are small amounts of information that, for a limited time, are stored on the hard drive of their computers and may only be read by the server that stored them. Their function is exclusively to improve the usability of the service, facilitating the user's use of “THE WEBSITE”.
At the same time, in addition to cookies in a technical sense, access to this Website can imply using other technologies with similar effects as those of cookies (tags) which, in this case, enable the technical optimization of the service offered, as well as possibly a better integration to third-party sites or a better use of many other tools.
The cookies that, where applicable, may be used on “THE WEBSITE” are not of an advertising nature. They are of a technical and analytical nature and are used for customization. By using them, it is possible to quantify the number of users and thus perform the statistical measurement and analysis of the users' use of the offered service, simultaneously making it possible to customize the service to the characteristics of the user and their computer.
No cookie makes it possible to contact the user's telephone number, email address or use any other means of contact. No cookie may extract information from the hard drive of the user or steal personal information. Any users who do not wish to receive cookies or want to be informed of their settings may configure their browser to that end. In addition, they may erase the aforementioned cookies from the hard drive of their computers whenever they wish to do so.
There is more information concerning the Cookies Policy of “THE WEBSITE” here.
10. Modification and Termination
“The Organiser” reserves the right to modify the content of its Website and the conditions of use for justified reasons, safeguarding the rights of the users. Likewise, without detriment to respecting the rights acquired by the users. “The Organiser” reserves the right to terminate the provision of this service at any time.
Putting the aforementioned changes into effect will be done after sending a notification to the participants and members. By way of the modification of the Conditions of Use set forth on the page of “THE WEBSITE”, it will be deemed that said notification duty to third parties has been fulfilled.
The user cannot assign, resell/put under license or otherwise transfer or delegate one of its rights or obligations by the present conditions, in all or in part, without prior written consent of “the Oganiser”; the said consent will be at its entire discretion and without obligation; such an assignment or such a transfer will be null and void.
“The Organiser” is free to assign all or part of its rights or obligations according to the present conditions to all third parties, including those within the framework of all or of nearly all of its assets or shares in the case of a merger.
11. Intellectual Property
Both “THE WEBSITE” and the content thereof are protected by Intellectual Property laws. They may not be exploited, reproduced, distributed, modified or subject to public communication, transfer or transformation. Access to this website does not grant the users the right to or any ownership over the intellectual property rights of the content that this website hosts.
“The Organiser” welcomes unsolicited testimonies and other opinions, considerations and comments in relation to the products or services offered by “The Organiser”. Said information may be added to the website, guaranteeing at all times acknowledgement of the authorship and privacy of the authors. To that end, and for the purpose of complying with the current laws and the technical characteristics of the medium, the materials that are sent may be subject to modifications. By sending said contributions, the authors waive all financial rights or rights of any other sort concerning them, although they may request that they be removed at any time.
It is possible to create a link towards the home-page of the website “JAMES ADVISOR” without the specific authorisation of the “Organiser”. However, “the Organiser” has the right to ask for the cancellation of a link that it esteems non-conform to the subject of the website “JAMES ADVISOR”.
“The Organiser” has no power of verification and control as for the creation of links towards outside websites and as for the contents of the said websites.
The content of this website may be downloaded on the user's computer, provided that it is for private use and for no commercial purpose; therefore, they may not exploit, reproduce, distribute, modify, communicate publicly, transfer, transform or use the content of this website for public or commercial purposes.
The organiser company does not transfer ownership of its software to the users. The user is the owner of the media on which the software is recorded. The organiser company retains all industrial and intellectual property rights, including the software. If the user transfers software from this website to their computer, they may not disassemble it for study or decompile it, translate the version of the original object code or its language to another code or language.
The commercial name, trademarks, logo, products and services that this website contains, belonging to it or to third-party companies, in addition to these Conditions of Use, are protected by the law.
The content of “THE WEBSITE” is provided exclusively to the registered users for their personal enjoyment. Any other use (commercial or not) of the information contained on the website is prohibited.
The organiser company reserves the ability to exercise the legal actions that correspond to it against the users who violate or infringe upon the rights concerning databases and/or intellectual and industrial property or that of third parties.
12. Limitation of Responsibility
“The Organiser” is not responsible for possible problems arising from the abnormal functioning of third parties involved in the technical process of “THE WEBSITE” service. In addition, it will not be responsible for errors that occur on telecommunications networks, services rendered by Internet providers, malfunctions and dropped calls on telephone lines, faults in the verification program or difficulties in receiving communications through anti-spam filters of third parties, etc.
“The Organiser” will not be responsible in any event or for any reason for the loss of data that is transmitted incorrectly, or for any data transmitted outside of proper time frames or any data whose transfer has been prevented or hindered by technical screening systems of email providers or software.
13. Jurisdiction and severability
These General Conditions are subject to the laws of Gibraltar. In the event of a lawsuit regarding these General Conditions, the Commercial Court of Gibraltar has exclusive authority, except in the event of lawsuits involving non-merchants, for which the applicable legal rules will be applied.
If any clause included in these Conditions of Use is declared totally or partially null or void, said nullity or voiding will affect only said provision or the part thereof that is null or void. The remaining Conditions of Use will remain in effect. Said provision, or the part of it that was affected, will be deemed excluded.
None of the clauses that are set forth shall be understood in a manner that conflicts with or restricts what is set forth by compulsory rules that are applicable with regard to the rules applicable to “The Organiser” concerning the rights of consumers or users.