WHY CUSTOMERS SIGN-UP
- choose from the widest range of psychics across the world
- get full office support from psychic.org for purchases here
WHY PSYCHICS SIGN-UP
- be listed in the official registry of psychics
- free to register as a psychic and create listings
- both local and international customers can find you
- you can include website links and contact details in listings
- a 7% fee only if clients choose to use psychic.org to pay you
Sign up with email
Below there are 3 sections:
1. user agreement
2. code of conduct.
3. spiritual considerations
1. USER AGREEMENT
This Agreement was most recently amended on 18th November 2016.
All the details below entail the various terms and conditions on which you are permitted to use our Website and our Services either as an independent provider or as a consumer.
Definition of terms:
"Account" means the account you open when you register on the Website.
"Buyer" means a User that investigates and purchases Seller Services or items from Sellers or identifies a Seller through the Website.
"Dispute Resolution Process" means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
"Psychic.org", "we", "our", or "us" means The Psychic Club Of Australia Pty Ltd ACN
"Inactive Account" means a User Account that has not been logged into for a continuous 6 month period.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trade marks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"Local Jobs" means a service we provide to match a Buyer who has tasks that need doing with a Seller who will provide the service based on the location of the Seller.
"Milestone Payment" means a preauthorization made by the Buyer for the provision of Seller Services under a User Contract and which will be released by the buyer in accordance with the section "Milestone Payments" below.
"Listing" means a job offered or awarded by a Buyer via the Website, which may include a Listing or Contest listed by a Buyer, a Listing awarded by a Buyer (for example through HireMe), a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the Website.
"Seller" means a User that offers and provides services or identifies as a Seller through the Website. By sellers we mean the independent providers who advertise their services on our website/s. These sellers are wholly independent subcontractors who are in the process of running their own business enterprise separate to psychic.org
"Seller Services" means all services provided by Sellers. "User", "you" or "your" means an individual who visits or uses the website
"User Contract" means : (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (4) the Listing terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct.
"Website" means the websites operated by Psychic.org’s parent companies or subsidiary companies. This extends to all digital services, tools or applications.
By accessing and/or using the Website, you agree to the following terms with Psychic.org
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Listings, buy and sell items and to use the services that we provide.
Before using the Psychic.org Website, we recommend that you read the whole User Agreement, the Website policies and all linked information.
You will not use the Psychic.org Website if you:
1. are not able to form legally binding contracts; or
2. are under the age of 16; or
3. a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction; or
4. are suspended from using the Psychic.org Website.
Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for everything done with that account.
Users may provide a business name or a company name, which is to be associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
4. Using Psychic.org
While using the Psychic.org Website, you will not:
1. post content or items in inappropriate categories or areas on our websites and services;
2. infringe any laws, third party rights or our policies, such as the Code of Conduct;
3. fail to deliver payment for services delivered to you, unless the Seller has materially changed the Seller Service provided from the initial offer or a clear typographical error is made;
4. fail to deliver Seller Services purchased from you, unless the Buyer fails to meet the terms, materially alters the terms of the Seller Services from the listing;
5. circumvent or manipulate our fee structure, the billing process, or fees owed to Psychic.org;
6. post false, inaccurate, misleading, defamatory or offensive content (including personal information);
7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Psychic.org Website);
8. transfer your Psychic.org account (including feedback) and Username to another party without our consent;
9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
10. distribute viruses or any other technologies that may harm Psychic.org, the Website, or the interests or property of Psychic.org users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
11. download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Psychic.org Website;
13. copy, modify or distribute rights or content from the Psychic.org Website or Psychic.org's copyrights and trademarks; or
14. harvest or otherwise collect information about Users, including email addresses, without their consent.
5. Intellectual Property Rights infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us by emailing our staff at firstname.lastname@example.org and we will investigate.
6. Fees And Services
We charge fees for certain services, such as our 7% royalty fee, and also official psychic registration. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
Unless otherwise stated, all fees are quoted in United States Dollars.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
As we are a company incorporated in Australia, all fees earned by us from Australian Users will be subject to a 10% Goods and Services Tax (GST) on all fees, which will be shown separately on all invoices.
You must also comply with your obligations under income tax provisions in your jurisdiction.
8. Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate or a third party as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by Psychic.org.
We may display your company or business name, logo, images or other media, and public description of your Listings and profile as part of the Psychic.org Services and/or other marketing materials relating to the Psychic.org Website, except where you have explicitly requested that we do not do this and we have agreed to such request.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation;
3. will not be defamatory or trade libellous;
4. will not be obscene or contain child pornography;
5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
6. will not contain material linked to terrorist activities
7. will not include incomplete, false or inaccurate information about User or any other individual; and
8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Australia and the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Psychic.org Services and may close your Account.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
11. Feedback, Reputation And Reviews
You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Psychic.org feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a website operated by Psychic.org or its related entities without our written permission.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a listing or an item listed, user or service being performed on the Website. An example of a permissible website address would be a portfolio of work.
We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as as result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Psychic.org or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
13. Communication With Other Users
You must not post your email address or other contact information on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website, including by using the contact button to issue messages to another user’s inbox, called inbox private messaging or chat facilities including our future development of Video Chat. Unless we provide a User's contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Users in respect of Listings through any other means such as email, telephone, Skype, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
14. Right To Review
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.
15. Identity / Know Your Customer
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers' licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Psychic.org Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
16. User Services
Upon the Buyer awarding a Listing or contest to the Seller, and the Seller's acceptance on the Website, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded.
Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Psychic.org and the User.
17. Special provisions for Local Listings (face to face sessions or retail shops)
Each User acknowledges:
1. Psychic.org may from time to time include a map feature and Psychic.org may display the location of Users to persons browsing the Website on that map. Every Buyer seeking services for Local services will be asked to provide the location where the Local job is to be performed or the goods are to be delivered. A User must never disclose, in any Listing posted, personal details such as the User's name, street number, phone number or the email address in any Listing description for a Local job or in any other public communication on the Psychic.org Website.
2. Once a Seller's listing price has been accepted by a Buyer seeking Local jobs services or tasks then the Seller providing the service or task is obliged to complete the transaction, unless the service or task, goods or transaction is prohibited by law, by this Agreement or by any of our Policies.
3. If a Buyer updates a Local job after it has been published on the Website, then all price offerings for that Local job made prior to the update will be automatically cancelled and the pricing process will restart. When a Seller has provided the goods or services or completed the task requested by a Buyer seeking services for Local job, the User must log on to the Website and click the "Completion" button/s for that Local service provided. Failure to complete the service or task will constitute a breach of this User Agreement.
4. Our fees are applied to the amount of the seller’s price to perform the services for the Local job. Any items purchased by the Seller as part of performing the service are between the Buyer and Seller.
You may have funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Seller, you may have funds if you have successfully completed a Listing, or sold an item, and funds have been released to you.
Funds in your Account are held by us and sometimes by the sharetribe platform, in our operating accounts held with reputable financial institutions including but not limited to Paypal. Funds in your Account are not held separately by us and may be commingled with our general operating funds and funds of other User's Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account with Psychic.org.
We may receive interest on funds held by us in our operating accounts (which may include funds in your Account) from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.
If your Account as a user with us has a negative amount of funds for any period of time (even in the case of an end user requesting a refund for psychic services provided, we may:
1. set-off the negative amount of funds with funds that you subsequently receive into your Account;
2. if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency balance (at an exchange rate applied by us);
3. reverse payments you have made from your Account to other User Accounts on the Website;
4. deduct amounts you owe us from money you subsequently add or receive into your Account; or
5. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.
In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.
We reserve the right to collect any funds owed to us by any other legal means.
You acknowledge and agree that:
1. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
2. the funds shown in your Account (which may include Pre-authorization Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through the Website and provision of the Psychic.org Services;
3. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
4. we are not acting as a trustee or fiduciary with respect to such funds or payments;
5. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
6. funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services;
7. we will hold funds in respect of the amount of your Account (including Milestone Payments) in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
8. we may commingle your funds with funds of other User's and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.
19. Limits & Fraud Prevention
We reserve the right to suspend a User request for funds to be issued are providing services, if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction (e.g. paid a Milestone Payment - a form of pre-payment or intitial deposit - using a stolen credit card) it will be reversed immediately. If those funds have already been released to you, you must pay the funds back to Psychic.org by contacting us at email@example.com. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
1. we believe there may be a high level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
2. we believe that the beneficiary of the payment is someone other than you;
3. we believe that the payment is being made to a country where we do not offer our Service; or
4. we are required to do so by law.
If you are involved in a dispute with us or another user, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account.
20. End user refunds
Psychic.org will not incur the burden of cost relating to the amount refunded to an end user (buyer) who requests a partial or full refund. Nor will Psychic.org incur responsibility to suffer the losses in the form of fees or charges related to the primary payment that is being refunded.
21. Identity verification at any time
You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud policies to assist local governments in all of our operating juridictions.
A chargeback (being a challenge to a payment that a Buyer files directly with their credit card issuer) and a reversal instruction is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow their instructions.
You acknowledge and agree that we will be entitled to recover chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through the Website.
You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors).
23. Inactive Accounts
User Accounts that have not been logged into for a continuous period (greater than 9 months) may be closed by psychic.org since we have ongoing costs for storage, bandwidth, support and management costs of providing hosting of the User's profile, portfolio storage, listing in directories, promotion of your profile on the website and elsewhere, file storage, message transmission and message storage.
We reserve the right to close an Inactive Account.
24. Right To Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
1. if we determine that you have breached, or are acting in breach of, this User Agreement;
2. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
4. you do not respond to account verification requests;
5. you do not complete account verification when requested within 3 months of the date of request;
6. you are the subject of a United Nations, Australian, EU or USA sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
7. to manage any risk of loss to us, a User, or any other person; or
8. for other similar reasons.
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may fine you up to US$3,000 for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; (3) a fine of up to US$3,000 is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and (4) we may release the entire (or part of the) amount of the fine from your Account to us.
If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
25. Milestone Payments
We do not operate an escrow service. We do however, provide a service which allows controlled payments to be made with respect to a service called Milestone Payments or the payment processor may consider a “pre-authorization” of funds.
Subject to the User Contract, the Buyer can make a Milestone Payment, which will be locked from the Buyer's Account and cannot be claimed by the Seller until:
1. the Buyer and Seller agree that the funds can be claimed by the Seller;
2. if there is a dispute, the Buyer and Seller have concluded the Dispute Resolution Process and the Dispute is resolved in the Seller's favour;
3. the Buyer instructs us to pay a Seller for services performed by the Seller in respect of a Listing; or
4. the Buyer acknowledges that the Seller has completed the services fully and satisfactory.
If a Buyer does not approve of the Seller's work product, the parties may elect to resolve the issue under the Dispute Resolution Process.
If we have not received any instructions from a Buyer in respect of a Milestone Payment within six months after the day that the Milestone Payment was paid and the Buyer has not logged into their Account during that time, the Milestone Payment will be unlocked and released back to the Buyer.
26. Milestone Dispute Resolution Services
Psychic.org offers the Milestone Dispute Resolution Services to all Users. You agree and acknowledge that: (i) Psychic.org is not providing legal services; (ii) Psychic.org will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on Psychic.org for any such counsel.
In the event of a dispute between a Buyer and a Seller regarding a return or release of Milestone Payments, either Buyer or Seller may elect to use the Milestone Dispute Resolution Services offered by Psychic.org. The Buyer and Seller will then be notified that the matter will be addressed through the Milestone Dispute Resolution Services.
You agree to indemnify and (to the maximum extent permitted by law) hold Psychic.org and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Milestone Dispute Resolution Services.
Psychic.org will respond to disputes initiated by a Seller or a Buyer in accordance Australian law.
© 2016 The Psychic Club Of Australia Pty Ltd. All rights reserved.
material throughout this website is copyright, all rights reserved, unless
otherwise stated in a signed statement by a director of The Psychic Club Of
Australia Pty Ltd. Any unauthorised use or copying is strictly prohibited.
27. Other Disputes With Users
You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Listing that you will first attempt to resolve any differences that you have in relation to such Listing, including in relation to the quality of the services provided.
If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Listing we encourage you to contact us via email firstname.lastname@example.org
You agree that any dispute that is not related to a Milestone Payment (which must be dealt with in accordance with the Milestone Disputes Policy) arising between you and another User will be handled in accordance with this clause. Psychic.org will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Psychic.org shall have the right to request the Seller and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that Psychic.org has absolute discretion to accept or reject any document provided. You also acknowledge that Psychic.org is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Psychic.org and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other users of the Website, you hereby agree to indemnify Psychic.org from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Milestone Dispute Resolution Services for Milestone Payments and/or for Other Disputes.
28. Dispute Resolution Services Code Of Conduct
The Psychic.org Code of Conduct applies to all the services offered by Psychic.org, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute.
A User found to be in breach of the Code of Conduct during the Milestone Dispute Resolution Service process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.
29. Disputes With Us
If a dispute arises between you and Psychic.org, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by contacting us immediately using our email address email@example.com
For any claim, Psychic.org may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Psychic.org elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Psychic.org will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against Psychic.org must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Psychic.org may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Psychic.org has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Psychic.org will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Psychic.org's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Psychic.org remains consistent throughout the online marketplace by providing price quotations in the currency of U.S. dollars. As all currencies vary in valuation when compared to other currencies, you acknowledge that an exchange may vary (even significantly, due to world events) in the period of time that passes between a buyer paying and the funds being cleared into your account.
We may run and promote competitions on the Website from time to time and such competitions will be subject to the terms and conditions as published by us on the Website.
Prizes awarded will be denominated in USD unless stated otherwise. Competition winners will be determined by us in accordance with the applicable terms and conditions at our absolute discretion. All decisions made us in respect of competition are final and we will not enter into any correspondence in relation to the prize or the promotion.
32. Invited new users
By using our facility to invite new users, you release any of your own rights to financial claim or royalty associated with these new users buying or selling within the psychic.org marketplace as a commercial platform.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
34. Access And Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Psychic.org Website for any purpose without our express written permission.
Additionally, you agree that you will not:
1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Psychic.org Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website's without the prior express written permission of Psychic.org and the appropriate third party, as applicable;
4. interfere or attempt to interfere with the proper working of the website's, services or tools, or any activities conducted on or with the website's, services or tools; or
5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
35. Closing Your Account
You may close your Account at any time. The option is located in the Account Settings.
Account closure is subject to:
1. not having any outstanding listings on the Website; and
2. resolving any outstanding matters (such as a suspension or restriction on your Account); and
3. paying any outstanding fees owing on the Account.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Psychic.org Website and Psychic.org Services.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Psychic.org Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unathourised access of your account resulting from your failure to secure your password.
39. No Insurance Or Warranty
We do not offer any form of insurance, or other Buyer or Seller protection.
40. No Warranty As To Each User's Purported Identity
Because User identification on the internet is difficult, we cannot and do not confirm each User's purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
41. No Warranty As To Content On The Website
The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidently by us or accidentally or purposefully by a third party.
Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
1. the Website or any Seller Services or Psychic.org Services;
2. the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or Psychic.org Services;
3. whether the Website or Seller Services or Psychic.org Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
4. whether defects in the Website will be corrected;
5. whether the Website, the Seller Services or the Psychic.org Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or Psychic.org Services;
6. any third party agreements or any guarantee of business gained by you through the Website, Seller Services or Psychic.org Services or us; or
7. the Website, Seller Services or Psychic.org Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
42. Limitation Of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
1. any indirect, special, incidental or consequential damages that may be incurred by you;
2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Psychic.org services again or the payment of the cost of having the Psychic.org services supplied again.
43. Jurisdiction Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
44. Bar To Action
We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.
45. No Class Actions
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.
Legal notices must be served on Psychic.org (in the case of Psychic.org) or to the email address you provide to Psychic.org during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Psychic.org must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to PO Box 957 Samford QLD 4520 Australia.
47. Law And Forum For Legal Disputes
This Agreement will be governed in all respects by the laws of Queensland, Australia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Psychic.org irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
50. No Waiver
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
52. Additional Terms
It is important to read and understand all our policies as they provide the rules for trading on the Psychic.org website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:
- Code of Conduct
- Copyright Infringement Policy
- Fees and Charges
Each of these policies may be changed from time to time. Changes take effect when we post them on the Psychic.org website. When using particular services on our website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
The Psychic Club Of Australia Pty Limited is located at Lot 2 / 1814 Mt Glorious Rd, Mt Glorious QLD Australia 4520
This Agreement contains the entire understanding and agreement between you and Psychic.org. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, and Disputes With Us.
If you have
any questions about this User Agreement or if you wish to report breaches of
this User Agreement, please contact us at firstname.lastname@example.org
has an obligation to conduct its business in accordance with all applicable
rules, regulations and laws. We are committed to helping all Users act in a way
that preserves trust and respect. This Code is meant as a guide to using our
Site appropriately and must be followed at all times. Violations of this Code
or any policies or procedures will result in disciplinary action, up to and
including account termination. Any questions regarding this Code should be
addressed to Psychic.org Support where we can provide you with additional
information regarding the correct procedure(s) to follow and address any
concerns you may have.
2. CODE OF CONDUCT
- I will act ethically and with integrity;
- I will comply with all of Psychic.org's policies
- I will respect the rights of all Users;
- I will not abuse confidential information, or participate in any other illegal practice;
- I will have regard for Users' interests, rights and safety
- I will not harass, bully or discriminate
- I will not falsify my own or any other identity and I will provide true and correct information
I am responsible for the content I post on Psychic.org and:
- I will not post content that infringes upon any copyright or other intellectual property right
- I will not post content that violates any law or regulation;
- I will not post content that is defamatory;
- I will not post content that is obscene or contains child pornography;
- I will not post content that includes incomplete, false or inaccurate information about any person
- I will not post content that contains any viruses or programming routines intended to damage any system;
- I will not post content that creates liability for Psychic.org or harms its business operation or reputation
- I will respect confidentiality and privacy
- I will not disclose information or documents acquired, other than as required by law or where authorization is given;
- I will not ask other Psychic.org users for their private contact details and will communicate with them only through website features
- I will report any breaches
- I will not engage in fraud
- I will not create multiple accounts
- I will not use the Site to transfer funds illegally
- I will avoid exaggeration, derogatory remarks, and inappropriate references
- I will not engage in personal attacks, negative or other unfair criticism or other unprofessional conduct
- I will not participate in illegal Listings
Spam or Advertising
- I will not spam or advertise my website or service unless otherwise allowed
Reviews and Ratings
- I will not review myself
- I will not rate myself in stars
- I will not use Psychic.org to facilitate money exchange
3. SPIRITUAL CONSIDERATIONS
Extra terms Even our spiritual policiies are stated here as conditions to limit our liability and obligations to you. We urge you to carefully read the following this guide to the spiritual factors, the spiritual Terms And Conditions. Psychic.org’s intention is to render spiritual services of the highest quality and highest integrity. However, the psychic world is a greatly mysterious frontier of human investigation and still in the earliest stages of human comprehension: subsequently apt to misinterpretation and misunderstanding. Furthermore, psychic.org is an open marketplace where all psychic merchants can freely advertise their services and products. We urge users of psychic.org to exercise great care and diligence in selecting based on their own research in merchant trustworthiness and merchant professionalism. Psychic.org endeavours to help in this task by offering a review system, merchant photos and descriptions. All associated companies of psychic.org shall not be held liable for any loss or encumberance experienced by users, whatsoever, caused through the provision of any of our psychic or professional services; forecasts and predictions provided are of a psychic or spiritual nature, thus logically they are not 100% reliable.
On serious matters It is recommended that qualified specialists or professionals are consulted for serious matters of a legal, medical, business, mental, family or similar nature.
Nature of our service The advice we offer is of a religious, spiritual, psychic and supernatural kind. Psychic.org provides access to psychic readers for general guidance, conversational and entertainment purposes only. Our friendly advice, albeit sincere, should certainly not to be taken as ‘gospel’ or ‘fact’. Clients are recommended to use our services merely for referencing purposes and please understand that our services are NOT to be regarded as an adequate substitute for professional judgment or specialist advice. Clients are furthermore advised to use their own judgment and discretion, in their acceptance or denial of any information provided from ‘unseen spiritual sources’ or in a psychic manner, especially in terms of what course of action to take in their own personal and professional lives. Psychi.org will not be held responsible for any damages, of any nature, that result from the use of this site or related services.
psychic.org does not claim, or make any assurances whatsoever, that our website, services and information provided by our computer systems, employees or sub-contractors, will meet your requirements, or that such services ultimately prove to be perfetly accurate and complete.
Freewill means that although there may be some set points in our lives which are 'destined', the rest of it is of our own making. For instance, we cannot ethically change the actions, choices or life- paths of others. However, how we deal with each challenge in life and the choices that we make for ourselves are our ‘free-will’. You are the driver of your own vehicle in life. And in this way, we encourage you to take full responsibility for your choices and actions. Psychic impressions are rather like forecasting the weather. At anytime the energy may shift for one reason or another... and nothing is set in stone. So, where predictions are made, please keep in mind that the future is changeable and that you have the power within you to initiate change.
Accuracy Levels of accuracy may vary between readers. If we receive repeated reports of a person claiming to have psychic skills yet is making clients frustrated or angry, we reserve the right to cancel their registration at psychic.org at any time.
Accuracy of Future Predictions Disclaimer Absolutely no responsibility is taken by the Club for the result of any future impressions that are imparted to you. Please think for yourself and do not rely upon predictions to live your life by. The present moment is far too important to be overlooked for something that may or may not be.
Taking Control of Your Life Allowing others to make decisions for you, means that you are not being pro-active or taking responsibility for yourself. By doing this, you also are missing an opportunity for personal growth. The Readers for psychic.org are there to help and provide guidance, but cannot live your life for you. When as an Adult you allow or expect others to make all your decisions, you are giving away your personal power. It is great to gain insight into how each direction you are considering may influence you, but ultimately the decision is yours to make and the subsequent results are yours to endure or enjoy.
Difficult Situations As part of the service of psychic.org when clients are in trouble, Readers may point them in the right direction for more intensive help and solutions. Readers may supply you with government-approved numbers for further assistance. These numbers include, but are not limited to: Support Groups, Legal Bodies, Hospitals, Counseling Services. Readers can provide you with a certain level of comfort, common-sense guidance and support during times of crisis, but you must still take the appropriate measures, gaining legal advice, professional medical support or contacting the police and taking any other necessary measure to help yourself. If free services better suit your financial situation, please seek out the many charitable and government supported telephone services.
Respect Readers reserve the right to decline to read, at the time of consultation or in the future, for any client who is rude, abusive or otherwise disrespectful of the Reader. Such behaviour is unacceptable to the sensitive situation of psychic and mediumistic reading, which requires trust and respect in order for a successful session to result. Psychic readings are subtle, tenuous processes at the best of times, please respect that the psychic is trying to do “the impossible” for you, to be superhuman, to travel through time and space.