Terms & Conditions
1 - General Description and Acceptance of Terms
Thank You for your interest in WISHTOK TFP and welcome to our Website. These
Terms describe and regulate the scope of Services provided to a User by
THREE FRIENDS PORTAL LLC through Wishtok.com and mobile application
(“We”, “us”, “our”, “WISHTOK TFP” “WISHTOK TFP Application”) hereinafter
referred to as WISHTOK TFP.
This Website is designed to provide the Users with access to consultation
services through audio, video medium, or written correspondence in the form
of reports (“ Service(s)”) through its Website and Mobile Application
(“Website”) . The scope of these Services is described in detail in these
Terms. This Website provides a variety of services some of which shall be
accessible by the User on payment of a designated fee (“Paid Services”)
while the other Services shall be available free of charge (“Free Services”)
.
These Terms is an electronic agreement between the User (' User', 'you',
'your') and WISHTOK TFP. You are advised to read these terms carefully
before accessing any information, Service, etc. on the Website.
This document is published by us in compliance to the laws of the country
where this app or portal is being used.
We reserve an absolute right to stop providing you with Services through our
Website or to change, alter, modify or refine them without providing you
with any prior notice. Your inability to access our Website at any time
shall not impose any legal liability on us. Additionally, We reserve the
right to limit your access to all the entire or any portion of the Website.
2. Scope Of Services
The Services provided by us include but are not limited to astrological
content, reports, tarot card readings, face readings, palmistry, life
coaching, physical wellbeing and counselling in the Services offered,
numerology, predictions, live telephone consultations, email consultations.
WISHTOK TFP does not warrant the reliability of any consultation provided to
a User or a Registered Member.
The Services Provided by us are classified into two categories i.e., Free
Services and Paid Services. The nature of each Service and the amount
payable by a User for access to such Service, if any, shall be visible to
the User on the Website. Our Free Services are available to everyone who
visits our Website. However, to use our Paid Services, a User shall be
required to complete the registration process on the Website (“Registered
Member”). A Registered Member accessing any Paid Service shall be required
to provide us with updated and accurate information as prompted on the
Website and to inform us of any change in such information to guarantee
better output.
3. Eligibility
WISHTOK TFP’s Services are available only to individuals who are competent
to contract as per the law applicable in the country of use. The following
class of person shall be ineligible to access WISHTOK TFP’s Services;
• A minor i.e., a person under the age of eighteen years, unless acting
through a legal guardian or unless otherwise allowed by the law applicable
to such minor.
• Individuals who have been temporarily or indefinitely suspended as Users
by WISHTOK TFP.
• A person prohibited by the law applicable to him to access such Services.
4. Access To User Information
Every User unconditionally consents to us perusing the information provided
by such User or Registered Member in order to ensure, maintain and provide
our Services to the best of our ability and for grievance redressal if need
be. User agree to receive the communication from WISHTOK TFP for
newsletters, information updates, notification and promotional communication
through SMS, email WhatsApp and other channels.
5. Registration As A Member
To use our Paid Services, you shall be required to create an account with us
to become a Registered Member. The registration process may require you to
provide us with current and updated personal information including but not
limited to your phone number, e-mail, date of birth, and other personal
information as prompted on the Website during the registration process.
The registration process shall require you to share with us a One Time
Password (“OTP”) that the User shall receive on the phone number provided by
him/her during the registration process.
An account can be created by other login methods like through the User’s
Gmail login information. No User can have more than one valid account
registered with a single phone number.
6. WISHTOK TFP’s Right To Suspend A User Account
WISHTOK TFP does not independently verify the veracity of the information
provided by a User or Registered Member and shall assume no liability
arising out of any inaccuracy in the data provided to User, or Registered
Member on the basis of such information. Further, WISHTOK TFP reserves the
right to temporarily or permanently suspend the account of a Registered
Member or restrict his right of usage of certain Services or their access
the Website, without giving any prior notice to such Registered Member, in
the event that the information provided by such Registered Member is found
to be inaccurate or in the event the Registered Member is found to have
indulged in making defamatory statements against or regarding WISHTOK TFP,
its employees, officers, agents, affiliates or regarding the Services
provided through the Website.
7. Security Of Registered Member’s Account
The account of a Registered Member is protected by means of a username and
password ('Login Information') known only to the Registered Member at the
time of registration of the account and such Login Information should not be
shared with anyone else. Each Registered Member is responsible for
maintaining the confidentiality of their Login Information and every
Registered Member agrees to immediately notify us of any unauthorized use of
their Login Information or any other breach of security.
The Registered Member is solely responsible for the security and
confidentiality of his/her payment accounts linked to his/her registered
account on the Website. WISHTOK TFP shall bear no responsibility in case of
any unauthorized use of such linked payment account by a third party.
Further any such unauthorized use, which a Registered Member is aware of or
suspects, should be reported to us without any unreasonable delay.
It shall be the sole responsibility of a Registered Member to log out
of their account after the completion of a session and any loss or damage of
whatsoever nature caused due to failure to follow the said procedure shall
be borne by such Registered Member alone and WISHTOK TFP shall not, in any
way be held liable for any consequential loss or damage.
No User shall copy or modify, the technology and software associated with
the Website. Further, the Users accept not to rent, loan, sell, assign,
distribute, reverse engineer, grant a security interest in, or otherwise
transfer any right to any one of the associated technologies and software
owned or used by the Website.
Users agree not to disrupt, overburden, aid or assist in the disruption or
overburdening of (a) any computer or server used to offer or support the
Website; or (b) the enjoyment of Services by any other User. Any
unauthorized access to the Registered Member’s Account, servers, or networks
associated with the Website’s Services by any means except as provided by
WISHTOK TFP shall be deemed to constitute a breach of these Terms.
No User shall indulge in activities like circumventing or modifying,
attempting to circumvent or modify, or encouraging or assisting any other
person to circumvent or modify, any security, technology, device, or
software associated with the Services
The User accepts, agrees, and acknowledges that he/she will neither support
nor conduct any sort of attack including (but not limited to) distribution
of a virus, denial of service, or other attempts to interrupt the Services
provided by the Website.
8. Communication With Consultants
WISHTOK TFP’s Services also include consultation with various experts who
have enrolled with WISHTOK TFP to provide consultation to our Users via
electronic mediums including but not limited to phone calls, video calls,
texts, etc. Your consent to these Terms also constitutes your consent to us
arranging a consultation call with such consultants should you choose to
avail of a Service that requires such telephonic consultation.
The Consultants enrolled with us are prohibited to share their personal
details like contact number, email, social media username, address, etc with
any User and are also prohibited to indulge in or suggest activities such as
black magic, vashikaran, or suggest any pooja using these tantras.
The Users hereby agree to promptly inform WISHTOK TFP of any violation or
attempt at a violation of such Terms by an Consultant. Failure on the part
of a User or a Registered Member to furnish such information may lead to a
temporary suspension of the Registered Member’s account or restriction on
such User to access the Website as the case may be.
9. Privacy Policy
WISHTOK TFP’s privacy policy clearly defines how it uses, stocks, releases,
and processes data and information from Registered Members, in whole or in
part, through various channels. The privacy policy is all about our privacy
pledge. It is simply about utilizing your valuable and confidential data,
including Google login By accessing this Website, you accept, agree, and
acknowledge that all information collected by us from you including but not
limited to registration and all payment information, is subject to WISHTOK
TFP’s Privacy Policy which is available at www.wishtok.com.
10. Breach Of Terms And Termination Of Account
In the event of a breach of any part of these Terms by a User or a
Registered Member, WISHTOK TFP reserves the right to immediately block the
Registered Member’s account or absolutely restrict the User’s access to the
Website. This right to terminate and restrict may be exercised by WISHTOK
TFP in the following circumstances.
• If the Website is not able to verify the veracity of the information
provided by a Registered Member or a User or if such information is
discovered to be false or misleading.
• If in our opinion, the actions of a Registered Member or a User have the
ability to impose legal liability on the Website or any affiliated third
party;
• If the actions of a Registered Member or a User cause interference with
our Services or are violative of our privacy policy.
A Registered Member may deactivate his/her account at any time by writing to
us at Hello@wishtok.com .
Upon termination, WISHTOK TFP reserves the right to retain your information
for a period of 90 days for recording purposes. The information so collected
shall automatically be deleted after completion of such period.
11. User’s Responsibility
As a pre-condition of use, you agree to use the Website solely for lawful
purposes and not for any purpose that is prohibited by these Terms. You
shall be solely responsible for all of your activities in connection with
this Website. Further it is our duty to inform you that you shall not host,
display, upload, modify, publish, transmit, store, update or share any
information that, —
• belongs to another person and to which the User does not have any right;
• is defamatory, obscene, pornographic, bodily privacy, insulting or
harassing based on gender, libellous, racially or ethnically objectionable,
relating or encouraging money laundering or gambling, or otherwise
inconsistent with or contrary to the applicable laws.
• is harmful to children;
• infringes any patent, trademark, copyright, or other proprietary
rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of the message or
knowingly and intentionally communicates any information which is patently
false or misleading in nature but may reasonably be perceived as a fact;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of the
country, friendly relations with foreign States, or public order, or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting other nation;
• contains a software virus or any other computer code, file, or program
designed to interrupt, destroy or limit the functionality of any computer
resource;
• is patently false and untrue, and is written or published in any form,
with the intent to mislead or harass a person, entity or agency for
financial gain or to cause any injury to any person;
Further, you agree that you shall not-
• collect screen names and email addresses of Users or Registered Members on
the Website for purposes of advertisement, solicitation, or spam.
• send unsolicited emails, spam, promotions, or advertisements for products
or Services.
• engage in any activity that interferes with or disrupts access to the
Website
• violate any applicable laws or regulations for the time being in force
within or outside your country.
• resell or make any commercial use of the Services without the express
written consent from the Website.
• violate these Terms including but not limited to any applicable additional
terms of the Website contained herein or elsewhere.
12. Representations And Warranties
All Services available to a User through this Website are provided on an 'as
is' and 'as available' basis without any representation or warranties,
express or implied unless otherwise specified in writing.
Except as provided below, this Website does not warrant that:
• this Website will be constantly available and without any interruptions or
errors;
• the information available on this Website is complete, true, accurate, and
non-misleading;
• this Website shall be accountable to you in any manner for your use of
this Website or for the contents available therein.
• its servers, information, content, materials (including software),
Services, or other content made available to you through the Website do not
contain any viruses or other harmful components;
• any information available on the Website is meant to constitute advice of
any kind;
• the Website will indemnify you for misuse, loss, modification, or
unavailability of any User information.
Every User and Registered Member hereby warrants that they shall disclose,
their current emotional mental, or physical state, fully and truthfully to
the Consultants enrolled with us, from whom consultation is being sought.
13. Limitation Of WISHTOK TFP’s Liability
You understand and agree that to the maximum extent permitted under
applicable law, WISHTOK TFP does not provide any warranty for the Services
provided and that consultation provided by each Consultant enrolled with the
Website may differ as the same is dependent on individual knowledge, skills,
experience and type of methods employed.
The Website has several Consultants that have enrolled with it as service
providers, and who may while interacting with a Registered Member or a User
make certain astrological recommendations to the User. It is hereby
clarified by us that though all recommendations made by the Consultants are
in good faith, any discrepancy in such a recommendation that may be
discovered by you shall not make us or any of our affiliates legally liable
for the same.
The Website shall bear no responsibility for any damage or loss that may be
incurred by anyone due to the unauthorised use of your account with or
without your knowledge. Although WISHTOK TFP has made its best efforts to
provide accurate information regarding its Services still we do warrant the
correctness or completeness of such information.
WISHTOK TFP disclaims that this is not a helpline platform for suicide
prevention and if you are someone who is having suicidal thoughts, we
recommend that you immediately approach the relevant police authority, or
medical professional or contact the national or local suicide prevention
helpline.
Further, Users and Registered Members are advised not to enter into
independent contracts with the Consultants available on the Website and if
such contract is entered into, WISHTOK TFP shall not be responsible for any
consequence or liability that may arise from such a contract.
You agree and understand that any material downloaded by you from the
Website shall be entirely at your own risk and that you will bear the sole
responsibility for any loss or damage caused to your computer system or
smartphone that results as a consequence of such downloaded material.
Further, any coupon denied due to a grammatical or typographical error shall
impose no liability on the Website.
The Consultants and other service providers enrolled with us are merely
members of the Website and not WISHTOK TFP’s employees. While the website
makes the best endeavor to verify the qualifications and credentials of the
Consultants and service providers, our review is limited to the information
provided to us by such Consultants and service providers and we do not
warrant the accuracy, veracity, or correctness of such information. Further
WISHTOK TFP asserts that it is merely a platform to connect Consultants and
service providers with the Users and enrolment of any service provider or
Consultant with the Website does not amount to an endorsement.
WISHTOK TFP is not a medical institution and does not guarantee the
correctness or accuracy of any medical, legal or regulated advice provided
by an Consultant or a service provider. Each User and Registered Member is
advised to seek independent medical, legal or regulated advice from a
licensed professional in case of any doubts. Further, we shall bear no
responsibility for any monetary loss or physical issues incurred by a User
or Registered Member acting pursuant to medical, legal or regulated advice
rendered by such Consultant.
Notwithstanding anything to the contrary contained in these Terms, WISHTOK
TFP’s liability for any action or consequence whatsoever, regardless of its
form of the action, will at all times be limited to the money paid, if any,
by a Registered Member to WISHTOK TFP, for the Services availed by it.
14. Banking And Payments Information
All payments towards usage of our Paid Services can only be made through a
Registered Member’s wallet linked to his account (“WISHTOK TFP Wallet”). To
deposit money in the WISHTOK TFP Wallet, a Registered Member will have to
provide his/her banking details using which he/she shall be able to deposit
the required amount from his bank account into his/her WISHTOK TFP Wallet.
With respect to such banking information, each Registered Member opting for
a Paid Service warrants that-
The debit/credit card, net banking, and UPI details provided by such
Registered Member are correct and accurate, and he/she is legally authorised
to use such banking information to deposit money in his/her WISHTOK TFP
Wallet.
15. Refund & Cancellation Policy
Return & Cancellation Policy for Services
A Request for a refund for a Paid Service shall be initiated if:
• A Registered Member faces a network issue due to which the consultation
chat/call gets affected in between or if there is a weak signal, background
noise, inaudible consultant, etc. during the video/normal call sessions; or
• The Consultant is unable to communicate clearly in the language mentioned
in their profile; or
• The Consultant takes long enough to respond to the Registered
Member.
If a Registered Member is dissatisfied with the quality of advice or
consultation provided by a Consultant. In such an event, the initiation of
refund shall be subject to a review by and satisfaction of WISHTOK TFP,
regarding the quality of consultation or advice provided to the dissatisfied
member and WISHTOK TFP’s decision on this issue shall be final and not
subject to any challenge. An aggrieved Registered Member may contact us
regarding such an issue by writing to us at Hello@wishtok.com
No amount paid by a Registered Member towards a Paid Service shall be
refunded-
• If the request for refund is initiated by the Registered Member two hours
after the time of payment. However, if payment has been made twice for the
same Service, then the amount paid subsequently shall be refunded
automatically.
• If the information provided by them on the Website is discovered to be
incorrect.
• If customers have gotten a consultation report or have availed of the
Service through other electronic means.
• If a wrong phone number is provided while availing of telephonic Services.
• If the consultation with an Consultant has begun.
• If an order for a Service has been placed by a User in haste or a careless
manner, the liability for any consequence or damage arising from such order
shall be solely borne by such User
WISHTOK TFP shall endeavour to process all refunds within 7 (seven) business
days. In some circumstances, the refund may be sometimes be delayed due to
the payment gateway processing time.
All refunds generated through the Website shall be credited to the User’s
WISHTOK TFP Wallet on the Website.
Comprehensive Return & Cancellation Policy for Products
16. Modification Of These Terms
WISHTOK TFP reserves the right to modify or update these Terms at any time.
No notice of such update or modification shall be sent to a User or a
Registered Member and such User or Registered Member is required to visit
the Website periodically to keep updated with these Terms.
17. Governing Law And Jurisdiction
These Terms shall be governed by and construed in accordance with Dubai
laws. All disputes under these Terms shall be referred exclusively to courts
in Dubai, UAE. Any dispute or claim arising out of or relating to these
Terms including the determination of the scope or applicability of these
Terms, or use of the WISHTOK TFP Application or any information provided
thereof, shall be resolved through arbitration conducted by a sole
arbitrator appointed by mutual consent of the User or Registered Member and
the Website. The venue of the arbitration shall be Dubai, UAE and the
language of such arbitral proceedings and award rendered shall be English.
The award delivered pursuant to such arbitral proceedings shall be final and
binding on the parties to the dispute.
Notwithstanding anything contained herein above, every party to a dispute
shall have the right to seek interim relief from a court of competent
jurisdiction in Dubai, UAE to safeguard the rights of such party pending any
arbitration proceeding initiated.
18. Severability And Exclusion
WISHTOK TFP has taken every effort to ensure that these Terms adhere to the
applicable laws. The invalidity or unenforceability of any part of these
Terms shall not prejudice or affect the validity or enforceability of the
remainder of these Terms. These Terms do not apply to any information other
than the information collected by us through the Website. These Terms shall
be inapplicable to any unsolicited information you provide us through the
Website or through any other means or through public channels. This
includes, but is not limited to, information posted in any public areas of
the Website. All unsolicited information shall be deemed to be
non-confidential and We shall be free to Use and/ or disclose such
unsolicited information without any limitations.
19. Notices
Unless expressly stated otherwise, all notices to WISHTOK TFP shall be in
writing and shall be sent via email or through the post. Notices to a
Registered Member shall be sent to the email address provided during the
registration process. Notices to the Website shall be sent at Hello@wishtok.com
20. Grievance
Grievance can be raised to E-mail ID: Hello@wishtok.com
All complaints shall be investigated on a case-to-case basis according to
the information provided along with the complaint.
21. Indemnification
You agree to indemnify, defend and hold harmless WISHTOK TFP and its
affiliates, agents, respective employees, directors, officers, agents,
managers, etc.-
against any liability, losses, claims, damages, demands, investigations,
inquiries, suits, costs, and expenses (including legal fees and costs
incidental thereto) asserted against or incurred by WISHTOK TFP that may
arise out of or otherwise relating to your use of the Website, including but
not limited to any action that you are obligated to perform under these
Terms.
against any claims made by any third party due to or arising out of, or
otherwise relating to your use of the Website, any claim arising out of
damage caused to a third party by you, breach of these Terms or WISHTOK
TFP’s privacy policy, or your violation of any rights of another.
against any claims made by any third party due to legal suits regarding the
originality, copyright issues, or your violation of any third party right,
including without limitation any copyright, property, or privacy right.
22. Links To Third -Party Websites
Our Website may contain links to other websites or platforms which are
governed by their terms of use over which we have no control and any user
accessing such website or platform using such links, shall, once they leave
our Website, be governed by the terms and conditions of the concerned
website or platform and Users are advised to review such terms and
conditions before transacting on such other websites and platforms. We take
no responsibility for the terms and conditions or the contents of such a
website or platform. Further reference on this Website to any third-party
content or links to any other website or platform should not be understood
as any sort of endorsement by us of such content, website, or platform.
WISHTOK TFP is in no way associated with any correspondence, transaction, or
other related activity between a User and a third party including payment
and verification service providers, conducted on the Website and bears no
responsibility whatsoever for the same.
Acceptance of these Terms by you represents your acknowledgement of
exclusion of our responsibility and or liability for any loss or damage, of
whatever nature, that You may suffer due to any transaction correspondence
or related activity transacted by you on such third-party websites and
platforms.
This Website contains information that is created by us as well as content
provided by third parties. We do not guarantee the accuracy, integrity, or
quality of the content provided by third parties and such content may not be
relied upon by the Users in utilizing our Services.
23. Intellectual Property
Access to our Website shall only grant you a limited license to use our
information.
You are authorized to save the data from the Website to any device for your
personal use as long as you don't remove or alter any copyright symbols,
trademarks, or other proprietary material. You are not permitted to use our
information for any other reason than what is stated above. You acknowledge
that any unauthorised use of the confidential information on the Website is
a violation of our intellectual property rights, for which you agree to hold
us harmless.
Except for any third-party elements that are expressly designated as such,
We declare that We are the exclusive owner of all the contents displayed on
the Website, including all graphics, logos, sound recordings, and software.
The law that is in effect in Dubai shall apply to any infringement of our
intellectual property rights. The license to access and use our Services
does not include the right to copy or reproduce our information on any other
platform or medium, without our prior written consent.
Unless otherwise stated, any word, logo, or object bearing the markings
denoting the grant of Intellectual Property Rights as a trademark must be
regarded as a registered trademark that We either own or have permission to
use. A User’s right to access our Website shall not be deemed to grant a
license for use such User to use our Intellectual Property Rights.
24. Miscellaneous
Entire Agreement and Assignment - These Terms constitute the entire
agreement between you and WISHTOK TFP relating to the subject matter and
cancel and supersede any prior versions of the Terms. You may not assign or
otherwise transfer the Terms or any right granted hereunder. You also may be
subject to additional terms and conditions that may apply when you use this
Website or third-party products or services.
No Partnership -No partnership or joint venture between WISHTOK TFP and you
shall be implied by these Terms. Nothing in these Terms shall be interpreted
to make you or WISHTOK TFP as the other party's agent.
Waiver -Any failure on our part to exercise any provision or right under
these Terms, shall not constitute a waiver by us of that provision or right.
Injunctive Relief-You acknowledge that any significant violation of the
Terms will cause irreparable harm to the WISHTOK TFP for which monetary
compensation would be insufficient and that as a result, in addition to any
other legal rights or remedies, we shall be entitled to equitable relief,
including both a temporary injunction and a permanent injunction, in the
event that such a violation takes place. In the event that WISHTOK TFP files
for an injunction, you accept and agree to waive any obligation for the
posting of a bond or other security.
Time shall be of essence -Unless expressly stated by us on the Website or
through a written agreement, time shall be of the essence concerning all the
matters arising out of or in connection with these Terms.
THE USER ACKNOWLEDGES THAT IT HAS READ THESE TERMS OF USE, UNDERSTANDS
THEM, AND AGREES TO BE BOUND BY ITS TERMS. THE USER FURTHER ACKNOWLEDGES
THAT THIS AGREEMENT DOES NOT HAVE TO BE SIGNED IN ORDER TO BE BINDING.
THE USER WILL HAVE INDICATED ITS ASSENT TO THE TERMS OF THE AGREEMENT BY
CLICKING ON THE 'ACCEPTED AND AGREED TO' (OR SIMILAR BUTTON) THAT IS
PRESENTED TO THE USER AT THE TIME OF ITS OPENING OF AN ONLINE ACCOUNT
WITH THE COM