PUBLIC OFFER
This PUBLIC OFFER (hereinafter referred to as the "Offer") is an official public offer of MB 8 dreams, a company incorporated under the laws of Lithuania, Reg. No 305695313, VAT ID: LT100013882817, located at: Eigulių 21, Vilnius, LT-03150, Lithuania, hereinafter referred to as "Contractor" / "We", "Our", "Us", to enter into a contract with any legal entity, represented by its authorised representative, or individual entrepreneur, or natural person, hereinafter referred to as "Client" / "You", an agreement for the provision of Services (hereinafter – the "Contract") under the conditions specified. The Contractor and the Client may be collectively referred to as the "Parties" and individually as the "Party".
This Offer is addressed to an unlimited number of natural persons, individual entrepreneurs, and legal entities who have the appropriate legal capacity (legal personality) under the laws of the country of their place of residence and domicile, allowing them to enter into a civil law relationship to provide Services with the Contractor under the terms set out in this Offer. It is assumed and the Client confirms that they have sufficient legal capacity (legal personality) to enter into the Contract with the Contractor under the terms specified in this Offer.
The acceptance of this Offer is made by the Client through conclusive (actual) actions, indicating their intention, expression of their will, and desire to enter into a legal relationship with the Contractor and to receive Services provided. In particular, to the mentioned conclusive actions specifically belongs the payment by the Client for Services provided by the Contractor in the manner specified in the Offer. Acceptance of the Offer implies reading, understanding the Offer, and the Client’s full and unconditional acceptance of the terms and conditions of the Offer. From the moment of acceptance of the Offer, the Contract between the Contractor and the Client is considered concluded and agreed upon, and its terms are subject to binding execution by the Parties.
Any changes to this offer will be made by posting a new Offer text and will take effect immediately upon its appearance on the Website. DEFINITIONS For the purposes of this Offer, the following definitions shall have the following meanings:
Bank Card - a payment or credit card issued by the Issuing Bank, which is an instrument of cashless payments, designed for transactions by the Cardholder with the funds in the bank accounts of the Cardholder with the Issuing Bank or with the funds provided by the Issuing Bank on credit to the Cardholder in accordance with the law, as well as the bank account agreement, or within the established limit, in accordance with the terms of the credit agreement between the Issuing Bank Payment for Services of the Contractor according to the Contract shall be possible by bank cards of VISA International, MasterCard International payment systems. At the same time the possibility of using particular types of VISA International and MasterCard International cards shall be established by the Issuing Bank. Cardholder - an individual, including the Client, who gives an order to the Issuing Bank to transfer funds from the Bank Card on behalf of the Client in favour of the Contractor using the «Recurring Payments» Service. Contractor - MB 8 dreams, a company incorporated under the laws of Lithuania, Reg. No 305695313, VAT ID: LT100013882817, located at: Eigulių 21, Vilnius, LT-03150, Lithuania, acting based on the state registration certificate of a legal entity, providing and/or organising Services specified in this Offer. Client - any natural or legal person represented by an authorised representative, or individual entrepreneur, possessing the necessary legal capacity (personality) and intending to enter into a legal relationship with the Contractor for the provision of Services under the conditions set out in this Offer. Client’s Acceptance - the Client’s unconditional agreement to the terms and conditions of the Contract and the Offer. Email - a special technology that allows sending and receiving electronic messages, letters, files, documents, etc., via the Internet. Issuing Bank - a credit institution which issues Bank Cards and settles transactions made with the use of Bank Cards. Personal Profile (Account) - a section of the Contractor’s Website protected by an access control system that provides the Client with an interface for interaction with the Contractor under the Contract. «Recurring Payments» Service – a service on regular automatic money transfers from the Client's Bank Card in favour of the Contractor for goods/services under the contract based on the Client ’s beforehand given acceptance under the Contract, according to tariffs and options of the Contract. Website - the Contractor’s website located on the Internet https://astroway.center/, as well as its derived web pages and/or any web page through which it is possible to get access to Services in accordance with the Contract.
In the Offer, terms may be used that are not defined in this clause of the Offer. In such cases, the terms should be interpreted in accordance with the text and meaning of this Offer. In the absence of an unambiguous interpretation of a term in the text of the Offer, the terms applied on the Website should be followed first; secondly, by the Lithuanian civil legislation.
1. Subject of the Contract
1.1. The Client entrusts, and the Contractor undertakes to provide, for remuneration, an access to information materials posted on the Website («Services») in accordance with and subject to the conditions prescribed herein.
1.2. The Contractor posts information materials on the Website on topics primarily related to astrological forecasts (horoscopes), including but not limited to, the topics of love, health, finance, interpretation and decoding of dreams, tarot cards, astrological forecasts (horoscopes) with different forecast periods (week, month, year, etc.) for different categories of users or without establishing categories of users. The Contractor, at its sole discretion and at any time, may change topics of information materials posted on the Website, delete existing ones and add new ones.
1.3. Astrological forecasts (horoscopes) are elaborated by the Contractor in order to provide exclusively entertaining content to Clients interested in astrology. Astrological forecasts (horoscopes) exclude any direct and (or) indirect promises to Clients.
1.4. Information materials may be posted by the Contractor on the Website in various forms at the Contractor's discretion, including but not limited to video, audio, text, images, interactive pages (calculators, questionnaires, tests, chats, chatbots, etc.), and may also be distributed on the Website in various sections at the Contractor's discretion, including but not limited to sections devoted to different topics (love, health, finance, interpretation and decoding of dreams, tarot cards etc.) or to different forecast periods (week, month, year, etc.). The Contractor, at its discretion and at any time, may change the existing forms of posting and presenting information materials on the Website, their distribution by sections, and also add new forms and sections.
1.5. The Contractor, at its discretion and at any time, may change the composition of information materials already posted on the Website, delete existing ones and add new ones. In this case, the Contractor determines the volume and frequency of the relevant changes at its own discretion.
1.6. The Client's access to information materials on the Website may be restricted depending on the terms of providing such access. The methods of restriction are determined by the Contractor and include, but are not limited to, the period of access, the volume (topics, types) of information materials provided, available functions and capabilities of the Website. Information about the access and its restrictions is provided to the Client prior to the moment of acceptance of this Offer by posting the relevant information on the Website in the sections devoted to the selection of tariffs and (or) payment.
1.7. Any reference in this Offer, on the Website and any advertising materials of the Contractor to a personalised astrological forecasts (horoscopes), as well as other personalised recommendations, means that they are provided taking into account the parameters specified by the Client and the data provided by the Client, including, but not limited to, via chats and chatbots. At the same time, personalised astrological forecasts (horoscopes), as well as other personalised recommendations do not mean that they will be generated only for an individual Client and will be unique. Personalised astrological forecasts (horoscopes), as well as other personalised recommendations are available to a group of Clients whose parameters and data are identical or similar.
1.8. The astrological forecasts (horoscopes), as well as other recommendations, including personalised, may be fully or partially generated using artificial intelligence (AI), with subsequent verification by person or program, or without any subsequent verification, based on certain parameters and data specified by the Contractor prior to posting information materials on the Website and/or prior to the Client starting to use Services provided and/or based on certain parameters and data specified by the Client. Video and photo materials posted on the Website may be fully generated or processed in some part using the AI, including, but not limited to, a scenario and/or request pre-set by the Contractor. Communication between the Client and the Contractor on issues of provision of Services, including, but not limited to, setting parameters and providing data for receiving Services, providing the Client with astrological forecasts (horoscopes), may be fully or partially automated by the Contractor using chatbots, AI or any other tools and programs.
1.9. AI Clause: The Service offers integration possibilities via AI; the use of the AI may be subject to additional terms and conditions defined by Chat GPT (which will prevail over the use of the AI). We reserve the right, at our sole discretion, to: (i) update the AI from time to time; (ii) impose restrictions on the use of any AI; and (iii) deny access to any AI for misuse or otherwise to protect our legitimate interests. We may use non-integrated Service content to help develop and improve our Service.
1.10. The Return and Refund Policy, published on the Website https://astroway.center/refund, and the Privacy Policy, published on the Website https://astroway.center/privacy, are integral parts of this Offer. By accepting the Offer, the Client agrees and fully accepts the Return and Refund Policy and the Privacy Policy. In the event that the provisions of the Return and Refund Policy or the Privacy Policy contradict this Offer, the provisions of the Return and Refund Policy or the Privacy Policy shall apply.
2. Rights and Obligations of the Parties
2.1. The Contractor shall:
2.1.1. provide access to the Personal Account to the Client and Service under the terms and conditions of the Contract, including selected payment plan.
2.1.2. separate the point of purchase from other sections and elements of the Website and advertising materials, so that Clients, having reached the place of purchase, know that they have entered the purchase environment. The place on the Website where the Client has the opportunity to pay for the Services and accept this Offer is the point of purchase.
2.2 The Client is obliged to:
2.2.1 Be at least 18 (eighteen) years old to access the Website.
2.2.2. Pay the cost of Services to the Contractor.
2.2.3. Use of the Personal Account by several persons leads to its blocking.
2.2.4. By paying for Services and accepting this Offer in accordance with the instructions posted on the Website, the Client confirms that:
(a) the Client has been informed of the cost of Service in a clear and visible form, and such information is provided to the Client immediately before the Client makes a purchase;
(b) the Client is clearly notified that he/she consents to the periodic debiting of funds from his/her Bank Card as payment for Services provided on a subscription basis in accordance with the rates and options established by the Contract. The Client has the right to cancel the subscription at any time and (or) change the Bank Card used to make the relevant payments;
(c) еhe Client is aware of, fully understands and accepts the meaning of the phrase "personalised astrological forecast (horoscope)" used in this Offer and on the Website, the fact and nature of the use of AI, chatbots, etc. by the Contractor, as defined in clauses 1.7-1.9 of this Offer.
2.3. Cancellation of subscription to Services:
2.3.1. Services for the period paid by the Client for access to information materials posted on the Website are considered to be rendered by the Contractor at the time of receipt of the relevant payment and provision of the Client with the corresponding access to Services. Services for the period paid by the Client are considered to be rendered by the Contractor regardless of whether the Client used their access to the information materials posted on the Website during this period. The Contractor shall not be liable for the use or non-use of the access to Services provided to the Client.
2.3.2. The Client has the right to refuse the provision of Services at any time by simply cancelling the subscription to Services in his/her Personal Account on the Website. The Client may cancel the subscription in their Personal Account by clicking buttons «Manage your plan» and «Unsubscribe». If any questions arise related to the cancellation of subscription to Services, the Client may contact technical support using the form posted on the Website (https://astroway.center/faq).
2.3.3. Cancellation of the subscription to Services allows the Client to stop the provision of Services to him/her and to stop the automatic debiting of payment («Recurring Payments» Service) for Services provided, starting from the period that has not yet been paid for by the Client.
2.3.4. Unless otherwise provided by this Offer and/or the Return and Refund Policy, the Client has no right to cancel the subscription to Services in the period of access to the information materials posted on the Website, which has already been paid for by him/her, since the relevant Services are considered to be provided at the time of payment and the Contractor shall not be liable for the use or non-use by the Client of the access to Services provided to him/her.
2.3.5. After cancellation of subscription to Services, the Client shall not bear any additional expenses, except for cases when these expenses were lawfully incurred by him/her before cancellation of subscription to Services. The Contractor shall not charge the Client for the period after cancellation of subscription to Services.
3. The Cost of Services
3.1. By making the payment, the Client confirms his/her full and unconditional consent with the Offer and all clauses of the Agreement, available at: https://astroway.center/terms.
3.2. Expenses incurred by the Contractor are included in the price of Services and are not subject to additional payment.
3.3. The Cost of Services is indicated by the Contractor on the Website, and also may be indicated on advertising materials on Google, Facebook, Instagram, TikTok and other platforms, but in any case the Cost of Services will be presented to the Customer before the purchase (ordering the access to Service).
3.4. The Cost of Services communicated to the Customer in the manner specified in this clause is an integral part of this Offer. The Cost of Services is presented to the Customer in a noticeable, clear, legible form, and must be visible. The currency is specified by the Contractor when providing the cost of Services.
3.5. The cost of the services may be presented in the form of various tariffs, limiting the Customer in the time of access to the Services (weekly, monthly, etc.), the functionality of the Website, etc. A description of possible tariffs must be provided by the Contractor on the Website. The Contractor may offer the Customer a trial period with activation for a nominal fee of 0.95 euros (ninety-five cents). The possibility of providing and the duration of the trial period must be indicated by the Contractor on the Website. This fee is non-refundable and provides full access to the Services during the trial period.
3.6. The Client who has subscribed may contact the Contractor to obtain information about additional discounts and/or promotions and/or payment terms. The additional discounts and/or promotions and/or payment terms referred to in this clause shall be made available by the Contractor to the Client, subject to the explicit consent of the Client.
3.7. In case of Client's failure to make regular payment, his/her Personal Account can be blocked by the Client , and the Contractor has a right to notify Client about the necessity of payment.
3.8. Payment is made through the "Stripe" payment system, based on and in accordance with the "Stripe Payments Company Terms" posted on the website:
https://stripe.com/legal/spc.
4. Liability of the Parties
4.1 The Parties are liable for non-performance or improper performance of obligations under the Contract in accordance with Lithuanian law and the Contract.
5. DISCLAIMER
5.1. The informational materials displayed on the Website and other content transmitted during the provision of Services are the intellectual property of the Contractor. You may not reuse, republish, or reprint such information or content without Our written consent.
5.2. All informational materials on the Website is published and other content is transmitted (including, but not limited to, using chats, chatbots and AI) in good faith and for general information and entertainment purposes only:
- It is in no way intended to replace professional advice;
- It is not intended to diagnose, treat, prevent, or provide advice on a medical or psychological issue.
5.3. If You have health concerns, please consult your physician. The information contained in the Service is for general purposes only. The Contractor assumes no liability for any errors or omissions in the content of the Service. The Contractor in no way guarantees the actual fulfilment of the astrological forecast transmitted during the provision of the Service, either in full or in any part. The recommendations and Services provided on the website do not substitute for professional medical or other professional advice. A qualified physician should always be consulted before beginning, modifying, or discontinuing any health regimen or treatment. We reserve the right to modify or discontinue any test, recommendation, or Service at any time and without notice. We do not guarantee that using the recommendations or Services provided on the Website will result in specific outcomes. Any decision regarding your health or well-being should be made by you in consultation with a qualified healthcare professional.
5.4. In no event shall the Contractor be liable for any special, direct, indirect, consequential, or incidental damages or of any kind, whether in an action of Contract, negligence, or any other tort, arising out of or in connection with the use of the Service or the Content of the Service. Any action You take based on the information or content provided on the Website is entirely at your own risk.
5.5. Therefore, the Contractor, its affiliates, partners, employees, or agents shall not be liable for any loss or damage arising from the use, reliance, or reference to Our website, including, without limitation, any kind of special or incidental, direct or indirect losses or damages, punitive or consequential of any kind. We make every effort to ensure the proper operation of the website. However, We accept no legal responsibility and will not be liable if the Website is temporarily unavailable or inaccessible due to technical faults beyond our control. By using the Website, You confirm that you have read and understood this disclaimer and agree to its terms.
6. Claims and refunds
6.1 The parties establish a claims procedure to resolve disputes related to the performance of the Contract. A claim for breach of an obligation by either Party must be submitted in writing by the other Party and supported by documents substantiating the claim. The claim is considered duly addressed to the Client at the email address indicated during registration.
6.2 The date of receipt of the claim is also the date of receipt of the document by the recipient's representative. The date of response to the claim is the date of registration of the response email. The response shall be made by the relevant Party in fifteen business days from the date of receipt of the claim.
6.3. The current terms and obligations of the Parties with respect to the regulation of returns are duly regulated here: https://astroway.center/refund
7. Final Provisions
7.1 The Contract is valid from the moment of its acceptance of the Offer by the Client until the parties have fully fulfilled their obligations In full, or, at the Contractor's discretion, until blocking the Client’s Personal Account in according with the Contract, or until unilateral termination of the Contract by one of the Parties.
7.2. The Client has the right to unilaterally terminate the Contract by cancelling subscription to Services in accordance with the procedure specified in the Contract. The Contractor has the right to unilaterally terminate the Contract in the event of a complete or partial stopping of the Website.
8. Applicable Law and Jurisdiction
8.1 This Offer and the Contract shall be construed and governed in accordance with laws of Lithuania. And any dispute that may arise between the parties and cannot be resolved through negotiation is subject to the jurisdiction of the competent Lithuanian court.
9. «Recurrent Payments» Service
9.1 Service «Recurring Payments» Service allows the Client to pay for Services of the Contractor under the Contract, by regular automatic money transfers in favour of the Contractor from the Bank Cards. Activation (connection) of the «Recurring Payments» Service involves the following steps:
9.1.1. The Client, on a corresponding page of the site, irrespective of a way of transition to it, agrees with the Contract, successively presses «Continue» and «Pay by card» buttons. Further, the Client enters his/her Bank Card details and presses the «Pay» button, which may contain information about the payment. The «Recurring Payments» Service is only activated for the Bank Card registered by the Cardholder. Payment shall be made as soon as the funds are credited to the Contractor's Account.
9.1.2 After activation of the «Recurring Payments» Service, funds will be transferred from the Client's Bank Card at the time and in the amount necessary to properly perform the Client's obligations under the Contract.
9.1.3 Direct debiting shall be performed by the Issuing Bank on the basis of the Client's consent given in advance for such debiting in the amount and within the term specified in the Contract. The request to transfer funds specifying the amount of the transfer to the Issuing Bank shall be transmitted by the Bank and the Processing Centre under the agreements concluded with the Client.
9.1.4 The Contractor does not store or process the Client's Bank Card data, providing only requests to the Processing Centre and the Bank for a repeat transaction on the Client's Bank Card.
9.1.5 The Contractor does not guarantee the ability to carry out Bank Card transactions.
9.1.6. The Client guarantees that he/she is a Bank Card Holder, knowingly, correctly and completely enters all required Bank Card details when activating (connecting) the «Recurring Payments» Service, performing the actions specified in clauses 9.1.2 or 9.1.1 of the Contract.
9.1.7 Connection of the «Recurring Payments» Service, as provided by the Contract, shall be performed only where the Contractor, the Processing Centre, the Bank, and the Issuing Bank are technically capable to do so.
9.1.8. The Contractor has the right to change the Contract by notifying the Client in advance in writing or by other available means, including by sending a message to the e-mail indicated in the Contract by the Client, or by sending a telegram, or by placing information on the Contractor's Website.
9.2. Restrictions on the use of the «Recurring Payments» Service are stipulated in the agreement between the Contractor and the Bank and/or the Processing Centre, as well as may be imposed by the Contractor itself according to the following limits:
9.2.1. no more than 5 (five) transfers per day may be made from one Bank Card;
9.2.2. one Bank Card may be used for no more than EUR 150 (one hundred and fifty euros) per transaction;
9.2.3. a transfer not exceeding EUR 450 (four hundred and fifty euros) can be made from one Bank Card per day;
9.3. The Client, the Processing Centre and the Bank shall not be liable for inoperability and/or temporary non-operability of the «Recurring Payments» Service. The Client shall independently monitor the fulfilment of its payment obligation under the Contract. In the event of inoperability and/or temporary inoperability of the «Recurring Payments» Service, the Client shall be obliged to use other means of fulfilling its obligations under the Contract.
10. Other Conditions
10.1 The Client unconditionally accepts all the terms and conditions of the Contract.
10.2. The Client grants the pre-approved acceptance of the Contractor's withdrawal of funds from the Bank Card on the conditions of the Contract.
10.3. The Client grants the right to the Processing Centre, the Bank to store, collect, process his/her personal data (surname, name, patronymic, passport series and number, place and date of birth, current account and Bank Card number) for the purpose of execution of the Contract.
10.4. The Contractor has the right to disconnect and/or limit the Client from the «Recurring Payments» Service.
10.5 The Client agrees to payment according to the terms and conditions of the Contract.
10.6 The rights and obligations of the Parties to this Offer and the Contract shall not be transferred to third parties without the written consent of the other Party.
10.7. ALL COPYRIGHT RESERVED.
11. Contractor Information:
MB 8 dreams, Reg. No 305695313, VAT ID: LT100013882817,
Eigulių 21, Vilnius, LT-03150, Lithuania