Terms and Conditions

1. Introduction

Thank you for visiting our web application available at tarot-online.com.pl (hereinafter referred to as the “Web Application” or the “Application”).

This document sets out the general rules and terms for using the Web Application, particularly the terms and conditions under which the functionalities of the Web Application are utilized, orders are placed, and agreements are concluded and executed via the Web Application.

These terms govern the use of the Web Application and its functionalities, especially if you decide to use the Web Application, including issues of our liability.

2. General Provisions

The owner of the Web Application is Sirius Entertainment LLC, 680 S Cache St, Ste 100, 83002 Jackson, email address: [email protected] (hereinafter referred to as the “Service Provider”).

These terms are directed towards individuals using the Web Application for personal purposes not related to their business or professional activities (i.e., consumers in this context). The provisions of these Terms and Conditions do not aim to exclude or limit any consumer rights granted by mandatory provisions of law—any doubts are resolved in favor of the consumer. In case of any inconsistencies between these Terms and Conditions and the aforementioned provisions, the law will take precedence.

The terms used in these Terms and Conditions are defined as follows:

• Subscription – Paid access to the Premium Account for a specified period according to the payment made by the User under the conditions set out in the Terms and Pricing.
• Blog – An Electronic Service consisting of articles and other news and announcements arranged by category, available in the Web Application, and published by the Service Provider for all visitors to the Web Application.
• Pricing – The pricing for paid Electronic Services, available on the Web Application’s information page under “Pricing”.
• Business Day – One day from Monday to Friday, excluding public holidays.
• Contact Form – An Electronic Service, an interactive form available in the Web Application allowing the User to contact the Service Provider.
• Civil Code – The Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
• Account, Member Account – An Electronic Service, a collection of resources in the Web Application’s telecommunication system marked by a unique name (login) and password provided by the User, where the User’s data and information on placed orders and other activities within the Web Application are stored.
• Premium Account – A type of User Account available with an active Subscription, allowing the use of paid Electronic Services without standard limits or restrictions.
• Newsletter – An Electronic Service, an electronic distribution service provided by the Service Provider via email, allowing all Users who use it to receive periodic editions of the newsletter containing information about new products and promotions in the Web Application.
• Copyright Law – The Copyright and Related Rights Act of February 4, 1994 (Journal of Laws No. 24, item 83, as amended).
• Terms – These terms and conditions of the Web Application.
• Web Application, Application – The web application operated by the Service Provider and available at tarot-online.com.pl.
• Tarot Online – An Electronic Service, an interactive tool for drawing and interpreting tarot cards in response to queries provided by the User.
• Electronic Service – A service provided electronically by the Service Provider to the User via the Web Application in accordance with these Terms.
• User – An individual with full legal capacity, and in cases provided for by generally applicable laws, also an individual with limited legal capacity, who uses or intends to use the Web Application and Electronic Services. The User must be at least 16 years old.
• Service Provider – Sirius Entertainment LLC, 680 S Cache St, Ste 100, 83002 Jackson, email address: [email protected].
• Consumer Rights Act – The Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended).
• Tokens – A virtual equivalent of a payment method, which the User can use to settle obligations towards the Service Provider for the use of paid Electronic Services.

3. General Terms of Using the Web Application

The User is obliged to use the Web Application in accordance with its purpose, theme, and these Terms, in a lawful manner and in accordance with good customs, respecting the personal rights and intellectual property rights of the Service Provider, other Users, and third parties. The User is required to provide accurate information. The User is prohibited from providing unlawful content.

The technical requirements necessary to cooperate with the Web Application’s IT system, used by the Service Provider, are: (1) a computer, laptop, tablet, or other multimedia device with Internet access; (2) access to email; (3) an up-to-date version of the following web browsers: Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge; (4) enabling cookies and JavaScript support in the web browser.

Using the Web Application involves standard risks associated with using the Internet. The primary risk for every Internet user, including those using Electronic Services, is the possibility of “infecting” their IT system with malware, created mainly to cause damage or gain unauthorized access to the User’s data. To avoid these risks, the Service Provider recommends that the User equip their device, which connects to the Internet, with antivirus software and keep it updated by installing the latest versions, as well as regularly updating their web browser and the operating system of their device.

The Service Provider complies with Article 14(1) of the Act on Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended), which states: a person who makes their IT system resources available for storing data by the User is not responsible for the stored data unless they are aware of the illegal nature of the data or related activities, and in the event of receiving official notice or credible information regarding the illegal nature of the data or related activities, they shall immediately prevent access to such data.

The Service Provider is the controller of personal data processed in the Web Application in connection with the performance of these Terms. Personal data is processed for the purposes, for the period, and based on the grounds and principles set out in the Privacy Policy published on the Web Application’s website. The Privacy Policy primarily outlines the rules regarding the processing of personal data by the Controller in the Web Application, including the grounds, purposes, and duration of personal data processing, as well as the rights of individuals whose data is processed, and information regarding the use of cookies and analytical tools in the Web Application. Using the Web Application is voluntary. Likewise, providing personal data by users of the Web Application is voluntary, with the exceptions indicated in the Privacy Policy (contract conclusion and the legal obligations of the Controller).

4. Electronic Services Available in the Web Application

Any User can use the Web Application under the conditions set out in these Terms.

The Web Application offers both completely free Electronic Services and those that remain free as long as the User does not exceed the set limits and restrictions of their free usage.

The User is informed, no later than before using a given Electronic Service, about any associated fees, the amount of these fees, and the minimum duration of obligations towards the Service Provider for using the Electronic Service. The User is informed when they have exhausted the applicable free usage limits for the Electronic Services and must make a payment to continue using them.

The User can access the following Electronic Services in the Web Application:

• Blog
• Contact Form
• Newsletter
• Member Account (including Premium Account)
• Tarot Online

A detailed description of the Electronic Services and how they work is available in the Terms and on the Web Application pages.

5. Use of the Blog

The blog is available to all visitors of the Web Application without the need to register an Account or perform any other actions. Use of the Blog is free and can be accessed by navigating to the appropriate section of the Application. The User can stop using the Blog at any time and without reason by closing the web browser or leaving the Web Application page.

The Service Provider allows logged-in Users to post comments under Blog entries by filling out the comment form with content and mandatory User information. The comment will be visible after approval by the Service Provider. Comments reflect the views of the Users alone and do not represent the opinion of the Service Provider. It is prohibited to post offensive, defamatory comments that violate netiquette, contain false or misleading information, or include advertisements or promote other websites directly or indirectly. The Service Provider reserves the right to remove comments that violate these rules.

All articles and materials available on the Blog are for informational purposes only. The Service Provider strives to ensure that the content on the Blog is up-to-date and accurate.

6. Use of the Contact Form

Using the Contact Form is possible after two consecutive steps: (1) filling out the Contact Form located in the “Contact” tab on the Web Application page and (2) clicking the “Send Message” button—until this point, the data can be modified. In the Contact Form, the User must provide the message content addressed to the Service Provider and the following details: name and email address, to which the Service Provider should send a reply.

The Electronic Service Contact Form is free and is a one-time service, ending once the message is sent or if the User stops using it beforehand.

7. Use of the Newsletter

Using the Newsletter is possible by providing the User’s email address in the dedicated section or Newsletter pop-up visible on the Web Application pages. Users can also subscribe to the Newsletter by checking the appropriate box when creating an Account—at the time of account creation, the User’s email address is added to the Service Provider’s mailing list.

The Newsletter Electronic Service is free and provided for an indefinite period. The User can unsubscribe from the Newsletter at any time and without reason by sending a request to the Service Provider, particularly via email to: [email protected].

8. Use of the User Account

The Electronic Service User Account is provided free of charge for an indefinite period, except for the Premium Account, which is an additional paid service available during the active Subscription. Unlike the standard User Account, the Premium Account allows access to additional features of the Web Application, including lifting limits and restrictions on the use of the Tarot Online Electronic Service. Detailed information on Premium Account benefits can be found in the Pricing section.

Using the User Account is possible after completing two consecutive steps: (1) filling out the registration form, (2) clicking the “Register” button, and (3) confirming the account creation by entering the activation code sent automatically to the provided email address—at this point, a contract for the use of the Electronic Service Account is concluded between the Service Provider and the User. In the registration form, the User must provide the following details: username (login), email address, and password.

The User is obligated to keep their Account details up-to-date. The User must keep their Account login details confidential. It is prohibited for Users to grant access to their Account to third parties, including through renting or lending.

A User may only have one Account at a time.

Using the Account and its features may require the User to provide additional data—information about the required data will be provided on the Web Application page before accessing a specific feature.

The User can delete their Account (resign from the Account) at any time and without reason by sending a request to the Service Provider, particularly via email to: [email protected]. Except for the “Money Back Guarantee” mentioned in section 10 of the Terms of Service, deleting the Account does not entitle the User to a refund for the unused period of purchased Electronic Services, which does not exclude or limit the User’s statutory rights, particularly regarding the right to withdraw from the contract without reason.

The Service Provider reserves the right to suspend a User’s Account in the following cases:

• If the User violates these Terms despite the Service Provider’s request specifying the reason for the violation;
• If the User, despite a request from the Service Provider specifying the reason, has overdue payments to the Service Provider;
• If the User’s actions, despite a request from the Service Provider specifying the reason, damage the reputation of the Service Provider or the Web Application;
• If the User provides unlawful content or other content violating the Terms within the Web Application.

Account suspension may occur for a specified or unspecified period as indicated by the Service Provider. During the suspension, it is not possible to use the Account’s features or purchased Electronic Services. During the suspension, the User must address the reasons for the suspension and notify the Service Provider once resolved. The Service Provider will reactivate the Account promptly after receiving information about the resolution, no later than within 7 Business Days.

If an Account is suspended for more than 30 calendar days and the reasons for suspension remain unresolved, the Service Provider has the right to terminate the contract for the use of the Electronic Service Account with 7 days’ notice.

Deleting an Account by any means will result in the deletion of all data associated with the Account, without prejudice to the Service Provider’s right to retain the User’s data for purposes other than maintaining the Account, as outlined in the Web Application’s privacy policy.

9. Using Tarot Online

A detailed description of the Tarot Online Electronic Service and the rules for its use can be found on the Application’s webpages, particularly in the section explaining how Tarot Online works and in the Price List.

Using Tarot Online does not require having a User Account. It is available for free, subject to usage limits. Information about these limits is provided to the User before accessing Tarot Online.

After the specified number of free uses of Tarot Online, the User may continue using Tarot Online if they either (1) have a Premium Account with an active Subscription, or (2) make a one-time purchase. The payment terms for Subscriptions and one-time payments are specified in point 9 of the Terms of Service.

The Service Provider makes every effort to ensure that the use of the Tarot Online Electronic Service is clear and understandable for Users but cannot guarantee that the User will be able to operate Tarot Online independently or that it will be helpful in achieving the results expected by the User. The Service Provider offers Tarot Online in the form it has been delivered and makes no implicit or explicit warranties regarding its usefulness for specific applications, which does not exclude or limit the Service Provider’s liability to the consumer for improper service performance as provided by applicable law.

The Service Provider may also offer paid, individual tarot card interpretations as part of the Tarot Online Electronic Service. The interpretation is based on the card chosen by the User and the question posed by the User.

Tarot Online is only a technical tool, and how it is used and interpreted depends solely on the User and their personal beliefs on esoteric topics. The Service Provider makes every effort to ensure that the information presented by Tarot Online is accurate and reliable in such a way that it reflects the experience of traditional tarot card reading. In case of doubt, Tarot Online should be considered purely informational and entertaining. Any decisions Users make solely based on information derived from Tarot Online are made at their own risk.

10. Payment Terms in the Online Application

Users can access paid Electronic Services through either a one-time purchase or by subscribing to a Premium Account.

A Premium Account allows unlimited access to paid Electronic Services for the entire period of the active Subscription. A one-time purchase grants immediate access to the Electronic Service upon purchase.

Detailed information about Subscription packages and other payments in the Online Application can be found in the Price List.

Purchases of paid Electronic Services can be made while using Tarot Online (during or after card drawing—if the User is interested in individual card interpretation), as well as from the Club Member Account. The purchase may require the User to provide additional information marked as mandatory for billing purposes.

Prices displayed on the Online Application’s pages are given in Polish zlotys. Users are informed of the total price, including taxes (and any additional fees, or if such fees cannot be determined—the obligation to pay them) during the order process, including when the User expresses the intent to make a payment.

The Service Provider offers the following payment methods in the Online Application:

• Electronic payments and credit card payments via the Tpay service—detailed information on available payment methods is provided on the Online Application page during the ordering process and at tpay.com. Electronic payments and credit card processing are handled by PayPro S.A., based in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered into the register of entrepreneurs under KRS number 0000347935 by the District Court in Poznań, with a share capital of PLN 4,500,000.00 (fully paid).
• Through the Tpay service, Users can also use SMS payments and deferred payment options, where charges are added to the phone subscription bill with the selected mobile network provider.
• Payments using Tokens assigned to the User’s Account.

Users can top up their Account in the Online Application with a specific number of Tokens according to the conversion rate specified in the Price List. Tokens are only used for exchanging for paid Electronic Services and are not a currency outside the Application and cannot be withdrawn or adjusted for inflation.

Tokens can be used for any Electronic Services, as long as the number of Tokens held by the User is at least equal to the price of the selected Electronic Service. When an order is placed, the number of Tokens corresponding to the price of the Electronic Service is automatically deducted from the User’s Account balance.

Payments in the Online Application are always made in advance before activating the paid Electronic Services for the User. The User should make the payment within 3 calendar days of placing the order; otherwise, if the User still wishes to make the purchase, they should repeat the order process in the same manner as the first time. This condition does not apply to deferred payments, where the User makes payments to the selected mobile network operator under the terms of their respective subscription agreement.

The activation of paid Electronic Services takes place immediately, no later than 24 hours after the Service Provider registers the User’s payment.

When purchasing a Subscription, the User may choose:

• Non-renewable Subscription – remains active for a specified period according to the payment made by the User under the terms specified in the Price List. The Subscription automatically expires after the purchased period unless the User decides to extend it by making another payment before the expiration date, in the same manner as the first time.
• Renewable Subscription – automatically renews for the next billing period according to the previously purchased Subscription plan, unless the User cancels the Subscription before its expiration. To use a Renewable Subscription, the User provides their payment or credit card details through Stripe.com, which will charge the card at the start of each new billing period for the selected Subscription plan. The User must ensure the card’s authorization on the date of the new billing period, otherwise, access to the Premium Account and paid Electronic Services will be suspended until the Subscription is reactivated.

Detailed information about available Subscription plans can be found in the Price List.

When the Subscription expires, the Premium Account is suspended until the Subscription is reactivated. The User may cancel the Subscription at any time without giving a reason, provided that the cancellation takes effect at the end of the already paid billing period. Except for the “Money-back Guarantee” provided in point 10 of the Terms of Service, the User is not entitled to a refund for unused Subscription periods, which does not exclude or limit the statutory rights of consumers, especially concerning the right to withdraw from a distance contract.

The recording, securing, and provision of information regarding the paid Electronic Service contract is done by (1) making these Terms of Service available on the Online Application page, and (2) sending the User an email confirmation of the purchase immediately after placing the order and completing the payment. Purchase information is additionally recorded and secured in the Online Application’s IT system.

11. „Money-Back Guarantee” Service

Regardless of the statutory right to withdraw from a distance contract, as mentioned in point 13 of the Terms and Conditions, and the right to file a complaint, as outlined in point 12 of the Terms and Conditions, the Service Recipient who has purchased a paid Electronic Service via the Online Application may exercise the right to withdraw from the contract under the additional “Money-Back Guarantee” service offered by the Service Provider.

As part of the “Money-Back Guarantee,” the Service Recipient may cancel the purchased Electronic Service, provided that the cancellation request is submitted within 24 hours from the time of payment in the Online Application. The Service Recipient should send their cancellation request to the Service Provider via email at [email protected] or by using the form available on the Contact page.

The Service Provider recommends including the following in the cancellation request: (1) the reason for canceling the Electronic Service; and (2) information enabling the identification of the Service Recipient in the Service Provider’s system (name and email address used during the payment process).

The Service Recipient may use the “Money-Back Guarantee” only once within 12 calendar months, regardless of the number of purchased Electronic Services.

An exception applies if the Service Recipient uses an individual interpretation service that is not delivered within the maximum timeframe declared by the Service Provider (24 hours from the time of purchase). In such cases, the Service Recipient has the right to withdraw from the contract, provided the request is submitted within 24 hours after the interpretation’s due time and before the Service Provider completes and provides the interpretation to the Service Recipient.

If the Service Recipient has not used the purchased Electronic Service before canceling, the Service Provider will block access to the purchased Electronic Service immediately after receiving the cancellation request.

Refunds are processed promptly, no later than within 5 Business Days from the date the Service Provider receives the Service Recipient’s cancellation. The Service Provider refunds the amount using the same payment method used for the original transaction. If the payment was made via a payment card, the refund will be issued to the bank account associated with that card.

12. Contact with the Service Provider

The primary method of ongoing remote communication with the Service Provider is via the Contact Form on the Online Application and email ([email protected]). These channels allow for the exchange of information regarding the use of the Online Application and obtaining technical support. Service Recipients may also contact the Service Provider using other legally permissible means, using the contact details provided at the beginning of the Terms and Conditions.

13. Service Complaints

The basis and scope of the Service Provider’s liability towards the Service Recipient, if Electronic Services are provided improperly, are defined by applicable laws, particularly in the Civil Code. The Service Provider is liable to the Service Recipient for failure to perform or improper performance of Electronic Services based on general principles (Articles 471 and following of the Civil Code).

All complaints regarding Electronic Services or other complaints related to the operation of the Online Application may be submitted directly to the Service Provider, for example, via email ([email protected]) or in writing to: ul. Grzybowska 87, 00-844 Warsaw.

The Service Provider recommends including in the complaint: (1) information and circumstances regarding the subject of the complaint, especially the type and date of the irregularity; (2) the Service Recipient’s expectations; and (3) contact details of the person submitting the complaint – this will facilitate and expedite the handling of the complaint. The recommendations in the previous sentence are optional and do not affect the effectiveness of complaints submitted without following the recommended description, though they may impact the Service Provider’s final decision on the validity of the complaint.

The Service Provider will respond to the complaint promptly, no later than within 30 calendar days from the date of submission. For consumers, failure by the Service Provider to respond to the complaint within this timeframe will be considered acceptance of the complaint.

14. Statutory Right to Withdraw from the Contract

This point 13 of the Terms and Conditions and the provisions contained therein apply to Service Recipients who are consumers.

The right to withdraw from a distance contract does not apply to the consumer in relation to (1) a contract for the supply of digital content not recorded on a tangible medium, where the performance of the service has commenced with the express consent of the consumer before the withdrawal period has expired, and after the Service Provider has informed the consumer of the loss of the right to withdraw from the contract; (2) a service contract if the Service Provider has fully performed the service with the express consent of the consumer, who was informed prior to the commencement of the service that they would lose the right to withdraw once the service was performed.

Subject to point 13.2 of the Terms and Conditions, a consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, subject to the costs referred to in point 13.4 of the Terms and Conditions. To meet the deadline, it is sufficient to send the declaration to the Service Provider before the deadline, according to the contact details provided at the beginning of the Terms and Conditions. The consumer may use the withdrawal form, which is an attachment to the Consumer Rights Act, but this is not mandatory.

If the consumer requests the commencement of the service before the withdrawal period has expired, and later exercises the right of withdrawal after making such a request, the consumer is obligated to pay for the services rendered up to the point of withdrawal. The payment amount will be calculated proportionally to the extent of the service performed, considering the agreed price or remuneration in the contract. If the price or remuneration is excessive, the market value of the service provided will be used as the basis for calculating the payment.

The withdrawal period for paid Electronic Services begins from the date of the contract.

15. Out-of-Court Dispute Resolution and Claim Settlement

This point 14 of the Terms and Conditions and the provisions contained therein apply only to consumers.

Detailed information about the consumer’s possibility to use out-of-court complaint and redress procedures, and the rules of access to such procedures, are available on the website of the Office of Competition and Consumer Protection at: uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

The consumer has the following options for out-of-court complaint and redress procedures: (1) applying for dispute resolution by a permanent consumer arbitration court (more information at: spsk.wiih.org.pl); (2) applying for out-of-court dispute resolution by the provincial inspector of the Trade Inspection (more information on the website of the inspector relevant to the location of the Service Provider’s business activity); and (3) obtaining assistance from a municipal or district consumer ombudsman or a consumer protection organization (e.g., Consumer Federation, Polish Consumers Association).

At ec.europa.eu/consumers/odr, there is an online platform for resolving disputes between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website that serves as a one-stop-shop for consumers and businesses seeking out-of-court dispute resolution related to online contracts.

16. Downtime and Technical Failures

The Service Provider strives to ensure the proper and uninterrupted functioning of the Web Application. However, due to the complexity and intricate nature of the Web Application and its Electronic Services, as well as external factors beyond the control of the Service Provider (e.g., DDOS attacks – distributed denial of service), errors and technical failures may occur, potentially hindering or limiting the operation of the Application. In such cases, the Service Provider will take all reasonable and feasible measures to minimize the negative effects of such events as much as possible.

In addition to downtime caused by errors and technical failures, there may also be other technical interruptions during which the Service Provider will perform actions aimed at the development of the Application and safeguarding it against errors and technical failures.

The Service Provider is obligated to schedule technical breaks in a way that minimizes inconvenience to Users, particularly by planning them during low-traffic times in the Application (e.g., night hours) and only for the duration necessary to carry out the required actions. The Service Provider must inform Users of planned technical breaks in advance.

The Service Provider is not liable to Users for damages or failure to fulfill obligations resulting from any errors, technical failures, or technical interruptions mentioned in this section of the Terms. This section does not exclude or limit the rights of Users who are consumers, as provided by mandatory legal regulations.

17. Copyrights to the Web Application

The copyrights and intellectual property rights to the Web Application as a whole, as well as its individual elements, including content, graphics, works, designs, and trademarks available within it, belong to the Service Provider or other authorized third parties and are protected by copyright laws and other applicable legal regulations. The protection granted to the Web Application covers all forms of expression.

The trademarks of the Service Provider and third parties should be used in compliance with applicable legal provisions.

In case of any doubts, it is assumed that the User using the Web Application does not acquire any copyrights to the materials (including textual and graphic content) accessed while using the Electronic Services provided by the Service Provider.

18. Final Provisions

Agreements made through the Web Application are concluded in the Polish language.

The Service Provider reserves the right to amend the Terms for valid reasons, such as: changes in legal regulations; changes in payment methods and terms; changes in Electronic Services; addition or removal of Electronic Services; introduction of new fees for using Electronic Services or increasing current ones – to the extent that these changes affect the execution of the Terms.

For agreements of a continuous nature (e.g., provision of the Electronic Service “Account”) made based on these Terms, the modified Terms bind the User if the requirements set out in Articles 384 and 384[1] of the Civil Code are met, meaning that the User has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the change in the Terms results in the introduction of new fees or an increase in existing ones, the User who is a consumer has the right to withdraw from the agreement.

For agreements of a non-continuous nature made based on these Terms, changes to the Terms will not affect the rights acquired by Users before the changes take effect, particularly in terms of already placed or submitted Orders, concluded, executed, or completed agreements.

In matters not regulated by these Terms, the provisions of generally applicable Polish law apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; the Copyright Act; and other relevant provisions of generally applicable law.