Last update : 01/02/2024
The present Terms of Services (hereinafter the "Terms") govern access to and use of the Services made available by Stardust Multimedia, as defined below. By using our Services, you agree to be bound by these Terms. If you are using our Services on behalf of an entity or organization, such as a corporation, you bind that organization to these Terms and you represent that you have the authority to do so.
Stardust Multimedia’s Services are developed and marketed by Stardust Multimedia, a French company whose registered office is located at 63 Bd de Strasbourg, 31000 Toulouse.
« Party » : « a Party » means either Stardust Multimedia or the User/Customer (as applicable) and "the Parties" means both Stardust Multimedia and the User/Customer (as applicable).
« Customer » refers to the person or organization that has entered into a paying contract with Stardust Multimedia for the provision of solutions and services in order to acquire the rights to use the Services offered by Stardust Multimedia. Customers are generally also Users and becomes so as soon as they use one of the Services.
« Terms » has the meaning given to it in the preamble hereto.
« Content » means any comment, text, photo, information, message, and more generally any content that Stardust Multimedia publishes or disseminates via the use of the Services.
« User Data » means all User information and data, including all Personal Data as well as all text provided, all video, audio or transcription data, images, comments, documents, feedback, user support communications or any other content or information captured, entered, uploaded or processed by Users or automatically in the Apps or through the Services or collected, stored or processed by Stardust Multimedia to render the Services by or through the Apps or the Services.
« Personal Data » refers to personal data or personal information (each as defined in the RGPD as well as national legislation taken in application of the RGPD, including the Data Protection Act of January 6, 1978 as amended) contained in User Data and which makes it possible to designate or identify, directly or indirectly, a natural person.
« Site » means the present Internet site which is the subject of the Terms.
« User Space » refers to the interfaces and processes implemented by Stardust Multimedia to manage and enable the management of User accounts.
« Confidential Information » refers to information exchanged by the Parties that would reasonably be considered confidential given the nature of the information regardless of the form, medium or means, including, but not limited to, any information collected by the Customer or User on the Application or Services, commercial information, product, technology and marketing information, orders, discounts, non-public payment terms, audit reports and User Data, information specifically indicated as such by either Party. Confidential Information does not include information that (a) is or becomes publicly known by lawful means; (b) was known to Recipient prior to disclosure without an obligation of confidentiality; (c) is received from a third party without breach of confidentiality obligations; or (d) has been independently developed by Recipient without use of or access to Confidential Information.
« Software » or « Application » or « App(s) » refers to all software programs and solutions, in particular in « Software as a Service » (« SaaS ») mode, provided by Stardust Multimedia as part of the Services, on all media such as websites, mobile, web or desktop applications, telephony software and communication by SMS, telephone or email and enabling the Services to be made available.
« GDPR » means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
« Services » means (i) access to the Software, in particular in SaaS mode, by Users, (ii) hosting of the Software and Data, (iii) administration and support of the hosting servers, (iv) backup of User Data (v) support and corrective and evolutionary maintenance of the Software, (vi) correction of Defects and (vii) services offered to Users and Customers as described in section 5.1.
« Site » means the present website subject to the Terms.
« User(s) » means any person who uses the Services.
Stardust Multimedia reserves the right to change or modify the Terms (or any policy or directive of Stardust Multimedia) at any time and at its sole discretion in order to adapt to its activities and to comply with current regulations. If Stardust Multimedia makes changes to these Terms, Users and Customers will be informed, either by sending a notification, or by informing via the Site, the Services or the Application, and/or by updating the "Last Updated" date at the top of these Terms and publishing the revised Terms via the Software without prior notice.
Any connection to the Application and any use of the Services implies the User's or Customer's acceptance, as applicable, of the current Terms. The prevailing version is the one available online.
By using the Application or the Services you acknowledge and agree that:
The purpose of the present Terms is exclusively to govern access to the Application and use of the Services and to determine the terms of use thereof. They are therefore not intended to apply to any other medium belonging to Stardust Multimedia, where applicable.
The Terms apply to Users and Customers for access to and use of the Application and Services.
As a User or Customer, whichever is applicable, you represent and warrant that:
The Application and associated Services are accessible using compatible hardware (computers, telephones, tablets, etc.):
Any Customer and/or User using the Services acknowledges having read and accepted all of the Terms at the time of their first identification on the Application in accordance with Section 5 below.
Even in the absence of authentication, all Users and Customers acknowledge that any use of the Application and/or Services implies unreserved acceptance of and compliance with all the terms of these Terms.
Stardust Multimedia offers remote services in the field of clairvoyance, astrology, divination, well-being and related fields.
These services are rendered via the following interactions with Users:
We would also like to remind you of the following points:
To subscribe to and/or use the Services, a User must
Any use of the Services implies subscription to all of them.
Interactions by telephone and real-time chat (hereinafter referred to as "Chat") are generally subject to a fee.
Certain telephone numbers used to offer the Services trigger additional telephone billing.
Some Services are accessible after subscription by the User.
Service prices are quoted in Euros or in local currency.
The prices of the products and services are those displayed online on the Site, on the homepage or in any other part of the Site, particularly in any "Prices" sections.
Below are some standard prices. In the event of any difference between these standard rates and those displayed on the Site, the Site's rates shall prevail.
For consultations on so-called "Audiotel" numbers (numbers whose first 4 digits are in the range 0810-0899 or) or by SMS+ (7XXXX), billing will be carried out by the operators on the callers' telephone bills, at the rate of €0.80 / minute + call charge.
2 SMS are required in order to register. 0.99€ incl. VAT per sms + price of a SMS according to the telephone operator.
For consultations using geographic numbers, the call will be billed at the current local rate by the operators on the callers' telephone bills.
Some Services can be paid for by Internet Plus. Payment will be taken directly from the Internet service provider's bill or cell phone bill.
Payment by subscription is offered to the Customer for certain services, in particular for clairvoyance by chat.
In the case of flat-rate services, the User acquires the right to use the service concerned for a predefined period of time. For each period, the User is credited with the amount chosen at the time of the transaction.
In the case of subscription-based services, the User signs up for a commitment over a predefined period. For each period, the User is credited with the amount chosen at the time of the first transaction. Account credit is updated at the beginning of each subscription period.
Subscriptions are non-binding for any period other than the recurring period. They may be terminated at any time by the User with effect from the end of the current period.
The User commits to each subscription for an indefinite period.
Apart from free promotional offers, the User must purchase credits in the form of time packages.
Service prices are quoted in Euros or in local currency.
The prices of the products and services are those displayed online on the Site, on the homepage or in any other part of the Site, particularly in any "Prices" sections.
Below are some standard prices. In the event of any difference between these standard rates and those displayed on the Site, the Site's rates shall prevail.
Users must use their ISP's subscription management system via their web portal (section such as "My multimedia subscriptions" or equivalent).
the "manage my subscriptions" interface.
To stop receiving telephone communications (including audio messages), the User can enter his or her telephone number in the appropriate field on the https://telstop.fr website.
To unsubscribe from Services rendered via an Internet browser, the User must log into his account and then, in the «subscription list», click on «cancel subscription».
Information and unsubscribing on the https://telstop.fr website
Stardust Multimedia may, at its discretion, offer free products and Services, notably limited in time, in particular as part of welcome offers, applicable to new Users.
During the period of subscription to the Services, the User may access and use the Services.
The User is solely responsible for:
The User, or the Customer, as the case may be, is bound by the present Terms as long as:
The User or Customer may also request termination of the Terms by sending an e-mail to contact@stardustmultimedia.com. The termination procedure will be explained after receipt of the e-mail requesting it and, if necessary, various verifications (of the identity of the requesting party, of the existence of Terms between the requesting party and Stardust Multimedia, etc.) may have to be carried out.
The User or Customer may terminate the Conditions:
Unless explicitly agreed in advance by Stardust Multimedia, no refund will be granted to the Customer following termination of the Terms.
Stardust Multimedia may make the Application available as part of the Services. Subject to compliance with the Terms, Stardust Multimedia grants Users (and/or the Customer, as applicable) a non-exclusive, non-transferable and non-assignable limited license to the extent necessary to use the Services. The Software may be updated automatically. To the extent that any component of the Software contains open source software, the open source license of such software shall prevail with respect to such component.
Stardust Multimedia endeavors, as far as possible, to make the Services accessible at all times, 24 hours a day, 7 days a week.
Nevertheless, for the proper management of the Services, Stardust Multimedia may at any time:
Stardust Multimedia cannot be held responsible for malfunctions originating, directly or indirectly, from an information system other than its own, and in particular that of the Users.
The User undertakes to comply with and guarantees compliance with the following commitments.
Any use of data mining, robots or similar tools to collect and extract data or frame all or part of the Services without the authorization of Stardust Multimedia is strictly prohibited.
Stardust Multimedia has no obligation to monitor the documents and data processed during the use of the Services by the User. Under no circumstances will Stardust Multimedia assume any responsibility for any Content published or transmitted, or for any claim, damage or loss resulting from the use of the Services or the Application.
Within the framework of the execution of the Services by any User, Stardust Multimedia is bound by a light obligation of means. Stardust Multimedia also reserves the right to carry out technical, maintenance or updating work on the Application and Services, resulting in a temporary interruption of access.
In all cases, the resulting malfunctions and unavailability of services may not give rise to any compensation for Users or Customers.
In particular, Stardust Multimedia does not guarantee:
Stardust Multimedia cannot therefore be held responsible for any direct or indirect damage suffered by Users based on information or content published or supplied via the Application and Services.
Stardust Multimedia makes every effort to ensure the quality of the data disseminated via the Application and Services.
However, all Content available via the Application and Services is the sole responsibility of its author or the person who published it, in the event that Stardust Multimedia is not the author. In the latter case:
In any event, Stardust Multimedia may not be held liable in this respect, in particular for any damage that may result.
Should Stardust Multimedia be the subject of amicable or legal proceedings arising from the use of the Application, it may seek the liability of the Customer and/or the User to obtain compensation for all damages, sums, condemnations and costs that may arise from such proceedings.
To the extent permitted by law, Stardust Multimedia declines all responsibility for the Content it produces or disseminates, in particular to Users, who accept without reservation the non-liability of Stardust Multimedia.
By accessing the Services, the User declares that he/she is aware of and expressly consents to the recording of User Data (in the form of logged traces) and telephone conversations. In the event of litigation, dispute, contentious or legal action, these recordings and traces may be used as evidence against any third party involved, in particular payment organizations, as well as before the competent authorities.
The purpose of the processing, which consists of recording these conversations and traces, is to enable the improvement of the Services, to assist in the training of Clairvoyants and to defend the interests of Stardust Multimedia.
The recordings may be transmitted to third parties upon judicial request.
Recordings are kept in the active database for a maximum of 30 days, and may also be kept in intermediate archives until the applicable prescription or foreclosure periods have been exhausted.
As part of the provision of the Application and Services, Stardust Multimedia acknowledges that it may collect and process Personal Data.
Users are informed that Stardust Multimedia acts, as the case may be:
Stardust Multimedia will only process Personal Data:
Stardust Multimedia is committed to maintaining an industry-standard information security program consisting of technical and organizational safeguards designed to protect the data it processes. Notwithstanding the foregoing, the User is responsible for maintaining the security and confidentiality of User accounts, including account identifiers such as usernames and passwords, as well as information provided via the Application or when using the Services.
Stardust Multimedia may engage sub-processors to assist in providing the Services, provided that:
If the Parties disclose Confidential Information, the recipient will only use the disclosing Party's Confidential Information to enable the provision of the Services, exercise its rights and fulfil its obligations under the Terms. Recipient will use reasonable care to protect the Confidential Information.
Unless required to do so by law or regulation, Recipient will not disclose Confidential Information to anyone except its affiliates, employees, collaborators, servants, agents or sub-processors who have a need to know and who are bound by confidentiality obligations at least as protective of Confidential Information as those described in this section. The recipient will be responsible for any breach of this section by such parties. A breach of this section may cause irreparable harm and entitle the disclosing party to injunctive relief.
The Recipient may disclose Confidential Information to the extent required by law, provided that it uses reasonable efforts to inform the Disclosing Party in advance and gives the Disclosing Party an opportunity to contest the disclosure (except as described in the «Legal Proceedings» section). Confidential Information disclosed pursuant to this section will otherwise always be subject to the confidentiality obligations described above.
Unless expressly stated, these Terms do not grant any rights, implied or otherwise, in intellectual property. The User owns and will continue to own all intellectual property rights in its User Data, and Stardust Multimedia owns and will continue to own all intellectual property rights in the Application, the content it provides and the Services.
The User grants Stardust Multimedia a non-exclusive worldwide license to access, host, use, process, cache, copy, modify, distribute, execute, export and display the User Data necessary for the provision of the Services or as described in the Terms. The User represents and warrants that it has obtained all necessary licenses or rights to provide the aforementioned license and will fully indemnify Stardust Multimedia in the event of any breach of said warranty.
Stardust Multimedia grants the User a non-exclusive worldwide license to access, use, export and display the User Data necessary to provide the Services or as otherwise described in the Terms.
Stardust Multimedia represents and warrants that it has obtained all necessary licenses to provide the aforementioned license.
Stardust Multimedia may limit or suspend, temporarily or permanently (termination), the User's and/or Customer's access to and use of the Application and Services, as applicable:
In this respect, Stardust Multimedia undertakes to notify the User, who undertakes to transmit the information to the third parties concerned by the measure, if applicable, of the implementation of such a measure in order to give the User time and the opportunity to provide explanations to Stardust Multimedia and to resolve the problem before the suspension, if applicable. The lifting of measures is at the discretion of Stardust Multimedia.
Terms that are intended by their nature to survive termination will survive, including confidentiality obligations, limitations of liability and disclaimers.
If Stardust Multimedia receives a request from law enforcement or another third party to provide data or information about the User or the Customer, as applicable, Stardust Multimedia will respond to valid legal process only to the extent required by law. Stardust Multimedia will inform the User or Customer, as applicable, of the request unless prohibited by law, contrary to the interests of Stardust Multimedia or unless the notification threatens the safety of any person.
The present Terms express the entire agreement between Users and Stardust Multimedia relative to the use of the Application and Services. Any other document, in particular any mention on the Application or disseminated via the Services is for information purposes only.
Stardust Multimedia may update the Terms under the conditions of Section 2 above. If an update materially affects the rights or obligations of the Customer or Users, Stardust Multimedia will provide at least 30 days' notice before the updated Terms come into effect. Any other revision will come into effect on the date on which the updated Terms are published by Stardust Multimedia under the terms of Section 2 above.
If any provision of the Terms is held by a court of law to be invalid, illegal or unenforceable or proves unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired thereby and each such provision of the Terms shall be valid and enforceable to the fullest extent permitted by law. In such event, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent possible the rights and business expectations of the Parties hereto as expressed in the Terms.
The headings and sub-headings appearing in the Terms are included purely for convenience, and may in no case be used to interpret any provision whatsoever of the Terms.
The fact that Stardust Multimedia does not claim the application of any provision of the Terms, or tolerates its temporary or permanent non-execution, may in no case be interpreted as a waiver by Stardust Multimedia of its rights hereunder. The fact that Stardust Multimedia tolerates non-performance or imperfect performance of the Terms or, more generally, tolerates any act, abstention or omission by the User that does not comply with the provisions of the Terms shall not confer any right whatsoever on the User who benefits from such tolerance.
Users acknowledge that the Terms may not have the effect of creating, between them and Stardust Multimedia, a company or association of any form whatsoever.
Stardust Multimedia may propose links from the Application or Services, notably in its communications with Users, to other Internet sites. These sites are independent and the property of third parties. Stardust Multimedia does not publish or control these sites and does not accept any responsibility in this respect.
Links to any site do not constitute, under any circumstances, a formal approval of their content, products, advertising or any other goods or services presented on these sites. Consequently, Stardust Multimedia cannot be held responsible for any damage, of any nature whatsoever, resulting from the content of these sites.
The installation by Users of any hypertext link (hereinafter «the Link») to all or part of the Application, to one of the Sites published by Stardust Multimedia or to one of the resources of the Services is strictly forbidden, unless prior written authorization has been obtained from Stardust Multimedia, in particular by e-mail.
Stardust Multimedia is free to refuse the installation by Users of any Link. In the event that Stardust Multimedia grants its authorization, the latter may be withdrawn at any time, without any obligation on Stardust Multimedia to justify its decision.
Stardust Multimedia may automatically use, through the Application or Services, information stored in cookies and other similar technologies.
Any information collected indirectly will only be used to monitor the volume, type and configuration of traffic using the Application or Services, to develop the design and layout and for other administrative and planning purposes and more generally to improve productivity, performance and the Services that Stardust Multimedia offers to Users.
Stardust Multimedia's use of cookies and tracers is detailed in its Cookies policy, which also contains all the details relating to said cookies and tracers and to the way of expressing or refusing consent to their deposit.
These Terms shall be governed by the laws of France and the competent courts.
Stardust Multimedia and the Users undertake, in the event of difficulties in the execution of the Terms and prior to any legal proceedings, to seek an amicable settlement to their dispute.
To this end, the Party wishing to implement this amicable procedure must notify the other Party by registered letter with acknowledgement of receipt, specifying the difficulties encountered. This letter serves as formal notice to remedy the shortcomings observed and sets out the amicable settlement proposal.
The other Party will then have fifteen (15) calendar days to make known its interpretation of the events, its own amicable proposal for settling the dispute, or its refusal of an amicable settlement.
The Party having initiated the amicable settlement will then have fifteen (15) calendar days to respond.
However, if within thirty (30) calendar days of this response, the Parties have not reached an amicable settlement, each of them will recover its full freedom of action and its right to bring the dispute before the competent courts referred to above.
