Terms of Use

Last Updated: November 16, 2023

Welcome to HoroPass!

Terms and Conditions of Use for Horopass

To protect your rights, these Terms and Conditions of Use govern the use of the website and application "Horopass" on iOS and Android operating systems. This includes the terms and conditions outlined below, along with the conditions specified in the Privacy Policy. Please read these Terms and Conditions of Use carefully. By using this service, you agree to be bound by the legal obligations specified in these Terms and Conditions of Use, as well as the Privacy Policy established by the company.

Clause 1: Definitions

Terms of Service refers to the Terms and Conditions of Use for Horopass.
Company refers to Horopass (hereinafter referred to as "the Company" or "we"), which is the producer, creator, and developer of the website www.horopass.com and the application named "Horopass" on iOS and Android operating systems.
Website refers to the website www.horopass.com.
Application refers to the application named "Horopass" on iOS and Android operating systems.
Fortune-telling Service, Lucky Number Advice, Auspicious Items refers to the service of providing fortune-telling, advising on lucky numbers, auspicious items, consulting, and discussions based on fortune-telling science through the website or application.
Service Provider refers to a fortune-teller who has registered as a member with the Company through the website/application or an Agency that has contracted with the Company, possessing knowledge, skills, and expertise in the field of fortune-telling, and wishes to provide fortune-telling services to the Service Recipient.
Service Recipient refers to a customer who has registered as a member with the Company through the website/application and wishes to receive fortune-telling services from the Service Provider.
Service User refers to an individual who accesses the website/application and uses the services provided on the website/application, which includes both Service Providers and Service Recipients.
Income refers to the amount of money received by the Service Provider after the fortune-telling service has been completed for the Service Recipient.

Clause 2: Scope of the Terms of Service

These Terms of Service are made between the Company and the Service User. The Terms of Service constitute the agreement for the use of the website/application by the Service User, including content, financial transactions, and all services provided on the website/application that the Service User must comply with. This website/application is available only to Service Users who are over 18 years of age. Service Users who are under 18 years old are not permitted to use the Company’s website/application. By using the Company's website/application, the Service User affirms that they are of legal age and meet the necessary qualifications to enter into and accept the agreement between the Service User and the Company. The Company reserves the right to suspend the Service User's account if they do not meet the qualifications as specified by the Company. The Service User may contact the Company through Customer Support, as indicated on the website/application, if they have any questions regarding these Terms of Service.

Clause 3: General Terms of Service

Only registered users may provide or receive services on the website/application.
For fortune-telling services, the Service Recipient must pay the service fee at the price specified by the Service Provider before receiving the fortune-telling service. The Service Recipient can view payment method details in the application.
The Service Provider must complete the fortune-telling service in the form of a video call, voice call, or by providing advice to the Service Recipient before receiving income from the service.
The Service Recipient cannot make payments through any method other than the payment system specified by the application.
The Company reserves the right to use any data arising from services provided on the website/application for advertising and marketing purposes.
The Company places a high priority on the security of user information. The Service User can read the Privacy Policy, which is considered a part of this agreement.

Clause 4: Service Providers (Fortune-Tellers)

General Terms

Service Providers must agree to the Terms of Service and the Privacy Policy set by the Company.
If the Service Provider has fully and satisfactorily provided the fortune-telling service, they are entitled to receive income at the rate agreed upon with the Company as per the service contract.
The Company will only deliver income to the Service Provider once the service has been completed. The definition of "service completed" can be found in these Terms of Service.
In the event of a complaint from the Service Recipient, the Company reserves the right to reclaim the income and return the agreed-upon amount to the Service Recipient prior to the fortune-telling service.
The Service Provider's income will be received under the conditions outlined in the service contract with the Company.
Reviews from Service Recipients will be calculated based on the performance ratings given to the Service Provider after the fortune-telling service has been completed. Positive reviews may lead to future benefits for the Service Provider.
Articles related to fortune-telling sciences, predictions, lucky numbers, auspicious items, or any other articles written by the fortune-teller, which the fortune-teller agrees to allow the Company to reproduce, modify, and/or publish, may be used by the Company on the website www.horopass.com, the "Horopass" application, or the "Facebook Fan Page" application, either by the Company or its partners.
The fortune-teller guarantees that any articles related to fortune-telling sciences, predictions, or other related content mentioned above are the original creations of the fortune-teller, and the fortune-teller has the right to allow the Company to reproduce, modify, and/or publish them. These articles are not to be copies or modifications of copyrighted works owned by others.

Service Provision

Service Providers can select the type and price of the services they offer. These details will be displayed on the website/application.
The services displayed on the website/application are considered content created by the Service Providers.
The Company reserves the right to change the type and price of the services offered by the Service Providers as deemed appropriate.
If the Service Provider does not comply with the Terms of Service or if the Company deems it necessary, the Company reserves the right to cancel the services listed by the Service Provider or suspend the Service Provider's account.
If the Service Provider receives a review from a Service Recipient, the Company reserves the right to withhold the display of the review or choose not to show it on the website/application.
Service Providers are prohibited from giving any contact information to Service Recipients outside of the Company’s website/application, such as URLs, Line IDs, email addresses, Facebook accounts, phone numbers, or any other contact methods. This applies to both the service provider’s details page and conversations during the service (including video calls, voice calls, and messaging) without prior approval from the Company. If the Service Provider violates this rule, the Company reserves the right to suspend the Service Provider's account immediately.

Clause 5: Service Recipients (Customers)

General Terms

Service Recipients must agree to the Terms of Service and the Privacy Policy established by the Company.
Service Recipients cannot make payments to Service Providers through any channels other than those specified by the Company, as outlined on the website/application.

Receiving Services

Service Recipients can pay for services only through the payment channels available on the website/application. Bank fees may vary depending on the payment method used.
There are three types of services available: communication via video call, voice call, and text-based question-and-answer (chat).
Service Recipients cannot make payments for services on the website/application through any channels other than those specified by the Company. Service Recipients can report to the Company if a Service Provider requests payment through a channel other than those specified by the Company.
The Company does not store credit card information of Service Recipients to prevent fraud or data theft. However, the Company allows third-party payment service providers, with whom the Company works, to store credit card information for use in payments on the application. The use of such information is governed by the terms of service and privacy policy of the respective payment service providers.

Clause 6: Service Provision

A service provided through Voice Call/Video Call is considered complete when the conversation between the Service Provider and the Service Recipient has ended. If, during the conversation, the call is disconnected or there is an issue preventing further discussion, the Service Recipient may call back within the Service Provider's service hours as specified in the service package. The service will be deemed complete after the service has been fully provided (end of video call and voice call) and the Service Recipient has given their evaluation.
The Service Recipient can contact the Company to report any unsatisfactory service, and the Company will consider resolving the issue as deemed appropriate.

Clause 7: Reviews and Ratings

Reviews and ratings given to Service Providers are an important part of the review system on the website/application. Ratings and feedback from Service Recipients reflect their satisfaction with the services received.
Providing a review is the right of the Service Recipient. The Company reserves the right to remove or hide any inappropriate reviews as deemed necessary.
To prevent misuse of the review system and ratings, Service Recipients may only submit reviews and ratings for services received through the review system on the website/application. Misuse of the review system and ratings may result in the suspension of accounts for both Service Recipients and Service Providers, as well as any other related accounts.
Reviews from Service Recipients will be displayed on the service detail page. Service Recipients may choose not to leave a review, but they cannot choose to withhold the rating.

Clause 8: Service Complaints and Refund Requests

Service Recipients may contact the Company at any time, and the Company will address the issues as deemed appropriate.
The Company reserves the right to decide whether to grant a refund to the Service Recipient. If it is determined that the service was not correctly or fully provided, the Service Provider will not be entitled to receive income from that particular service.
The Company will review the appropriateness of refund requests based on various factors, including violations of the Company’s Terms of Service, the completeness of the service provided, and misuse of the system.

Receipts: As part of the service, the Company will set up a system to send receipts to customers. Once the service is complete, the Company will prepare and send the receipt to the customer via email. The Service Recipient can access the receipt in their profile and must ensure that the email address for receiving the receipt is accurate and complete.

Taxes: The Service Recipient acknowledges and agrees to be responsible for collecting and remitting income tax, sales and use tax, excise tax, or any other taxes related to the services received.

Clause 9: General Conduct Guidelines for Users

To protect user privacy, personal identification information of users will be kept confidential.
Requests for additional information to use a Service Provider's services can only be made through the communication channels specified by the system.
The Company cannot guarantee the quality of services provided by Service Providers but will provide ratings and reviews to assist Service Recipients in making informed decisions about engaging with Service Providers.
The Company will not protect users who violate or breach these Terms of Service. Users are responsible for complying with applicable laws.
Users must exchange all information through the Company’s website/application system only.
Users must use appropriate language and not infringe on the rights of others. If users violate this term, the Company reserves the right to suspend the user’s account without prior notice.

Clause 10: Reporting Violations

When the Company identifies inappropriate actions or receives reports from other users, the Company will issue a warning to the user. This warning will be communicated via email or displayed on the website/application when the user logs in.
Such warnings will not immediately affect the user's access to the website/application but may lead to the suspension of the user's account if inappropriate actions continue on the website/application.

Clause 11: Control of Inappropriate Usage

Pornographic, Obscene, or Inappropriate Content

The Company does not permit any actions that involve pornography, obscenity, or inappropriate content.

Inappropriate Behavior and Language

Users should respect each other and exhibit good manners and professionalism in communications through the website/application. The Company will take measures against users who engage in harassment, discriminatory, or insulting behavior.

Phishing and Spam

The Company prioritizes the security of its users. Users are prohibited from attempting to access other users’ accounts or devices through the website/application. Users should respect others by refraining from contacting other users for commercial purposes if they do not wish to be contacted.

Privacy and Identity Verification

Users are not allowed to disclose personal information of other users. All necessary personal information exchanges required for using the website/application should occur through the system provided. Service Providers and Service Recipients agree to use each other’s personal information solely for the purposes of using the website/application. Users who comply with these privacy communication terms will be protected under the Company’s Terms of Service.

The Company is not responsible for any actions that result in copyright or intellectual property violations or impersonation. Such actions are considered the sole responsibility of the user, who accepts all consequences resulting from their actions. The Company does not support any form of copyright or intellectual property infringement or impersonation. Users found violating copyright or intellectual property rights or impersonating others on the website/application will have their accounts suspended.

Fraud or Illegal Use of the System

Users may not use the website/application system for any actions that violate any laws, whether civil or criminal.

Clause 12: Inappropriate Use of the System and Spam

Creation of Multiple Accounts

To prevent fraud, cheating, and inappropriate use, users may only create one account. Creating additional accounts may result in the suspension of all accounts belonging to the user.

Violation of Others' Rights

The Company does not tolerate any user who violates rights, engages in fraud, or harasses other users through inappropriate actions, including derogatory language and creating multiple accounts for such purposes.

Account Trading

Users are not permitted to buy or sell accounts.

Clause 13: Terms and Termination of Service

The Company reserves the right to cancel services or suspend accounts temporarily or permanently without prior notice if the Company finds that the account has violated the terms of service or engaged in inappropriate behavior on the website/application.
Accounts that have been suspended will not be able to provide or receive services on the website/application.
Users with suspended accounts may contact the Company to inquire about the information and status of their account.
In cases where the Company needs to verify account ownership, users must provide evidence of ownership such as an ID card, bank account book, passport, or other legal documents satisfactory to the Company.
The Company reserves the right to amend the terms of service as deemed appropriate. In the event of changes, the Company will display the new terms of service on the website/application, and it will be considered that users have agreed to the new terms immediately.

Clause 14: User-Generated Content

User-Generated Content (UGC) refers to content created by users in the system that is not created by the Company or the Company’s website/application.
All content uploaded by users to the website/application, whether by service providers or recipients, is considered User-Generated Content. The Company is not required to review such content for appropriateness or any infringement of others' rights. However, the Company encourages users to report any inappropriate use of content. The Company will review such content based on the evidence provided by users to delete or suspend the content as deemed appropriate.
The Company is not responsible for any communications that occur between service providers and recipients. Users are encouraged to use the review and rating system to reflect their satisfaction with the service received. Additionally, recipients should use their personal judgment when receiving services and advice from service providers.
Any information communicated between service providers and recipients through the website/application is considered personal data, which the service provider cannot disclose without permission from the recipient.
Users agree that the Company has the right to use any content provided by users to the system, such as text, images, videos, usernames, or any other information, including but not limited to service-related information, for advertising or other purposes by the Company without needing to seek permission from the users.

Clause 15: Disclaimer of Warranties

The use of the website/application and the information, services, or products provided through the website/application are the sole responsibility of the user. The website/application, the information provided, and the services or products obtained through the website/application are provided on an "as is" basis and "as available" basis, without any warranties, either express or implied. The Company or any affiliated parties do not guarantee the completeness, security, reliability, quality, accuracy, or availability of the website/application.
The above statement does not affect any warranties that cannot be excluded or limited by law.

Clause 16: Limitation of Liability

The Company, its employees, agents, officers, or affiliates, and any parties associated with the Company, disclaim any liability for damages of any kind under any legal theory arising from or related to the use or inability to use the website/application or other websites or services obtained through the website/application. This includes direct, indirect, incidental, consequential, punitive damages, or damages resulting from breach of contract, tortious acts, personal injury, pain and suffering, emotional distress, loss of income, loss of profits, loss of business opportunities or anticipated profits, damage to property, reputation, or data, whether resulting from breach of contract, negligence (including gross negligence), or any other cause, whether foreseeable or not.
The above statement does not affect any warranties that cannot be excluded or limited by law.

Clause 17: Other Agreements and Governing Law

The Company reserves the right to amend or modify any part of the website/application without prior notice. Thus, each time you access or visit the website/application, it is deemed that you acknowledge and agree to the terms of service as specified. The most recent terms of service will be considered applicable. Users should periodically read and understand the terms of service to be aware of any updates.
The Company owns the copyrights, trademarks, symbols, and other components appearing on the website/application, including being authorized to use trademarks or symbols under Horopass. No one is permitted to reproduce, modify, or alter these elements without written consent from the Company.
Providers agree to allow the Company to reproduce, modify, and/or publicly disseminate articles related to fortune-telling, predictions, or other content created by the providers. The Company may do so either directly or through partners. Providers confirm that the content provided to the Company is their original work and that they have the right to grant such permissions to the Company. The content should not be copied or modified from copyrighted works of others.
If a provider breaches the personal information of the recipients they serve or other users, or commits any legal infractions, whether civil or criminal, against the recipients or other users, the provider agrees to be personally liable to the affected parties. The Company, its employees, agents, officers, and affiliates are not liable in such cases. Affected parties acknowledge that the provider’s actions are the provider’s sole responsibility, and they agree not to hold the Company or its affiliates liable.
If a provider's services, consultations, or actions cause harm to recipients or third parties, the provider agrees to be solely responsible for such damages.
In cases where a provider’s services, consultations, or actions cause harm to recipients, the recipients acknowledge and agree that such actions do not involve the Company and will not hold the Company liable or take legal action against it.
If the Company, its employees, agents, officers, or affiliates are accused, claimed, or sued by recipients or third parties due to the provider's fortune-telling services or consultations, the provider must defend, contest, and handle the case on behalf of the Company and its affiliates, covering all costs, including attorney fees.
The provider agrees to indemnify the Company, its employees, agents, officers, or affiliates for any losses, damages, liabilities, claims, or expenses arising from violations of these terms of service.
These terms of service are governed by and interpreted according to the laws of Thailand.