Terms of Service and Condition of Use
User’s Acknowledgement and Acceptance of Terms
“Content” Any information created by Access Positive, its employees or Contractors in the form of voice, data or any other media available via the website(s) telephony system or any other communications as information or advice.
“Client” Is a user who utilises any of Access Positive’s Services in the form of content or connections.
“User” Any person using Access Positive’s content or Services, and can be either Client or Contractor/Service Provider or both.
“Contractor” Also referred to as “Service Provider” Any skilled metaphysical individual such as a psychic reader utilizing Access Positive’s various communications platform to connect to a Client or offer other services.
“Service” Means the services such as the Connection and Content provided to Clients via Access Positive’s various websites and it’s Platform via Service Providers such as psychics and mediums.
“We” “Us” denotes Access Positive Pty Ltd.
“Service Provider” Is a user whom offers Services via Access Positive’s various websites and communication platforms or via an affiliate.
Terms of Service:
DESCRIPTION OF SERVICES.
You are responsible for providing at your own expense all the equipment required to utilize the services or in the provision of Services, including, computer/laptop, phone modem, internet access and all associated fees with the connection to the internet.
If you create an online account, you are responsible for maintaining the security of your user name and password of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. By registering for an account either online or via our phone helpdesk you agree that you are aged 18 years or over and all information provided in the Registration is true and accurate and that you will keep the information current and accurate. You must immediately notify Access Positive Pty Ltd of any unauthorized use of your Account, or any other breaches of security. Access Positive Pty Ltd will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. By registering with us you agree to allow us to send you occasional promotional material of which you will be able to opt out of via a link containing details of how to be removed from any mailing list. You will still be notified if there is a concern with your account, payment problems or any issue with a connection with our platform or Service Providers.
1. Communication Conduct.
If you or your business operate an account, use our Services, provide Services, communicate with others or comment or post material to Us or the Website(s), you are entirely responsible for the communication or content of, and any harm resulting from, that Content or communication. That is the case regardless of whether the Content or communication in question is verbal communications, constitutes text, graphics, an audio file, or computer software. By utilizing the services or making communication or Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content or communications is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- you or your business’ use of our Services or any communications shall not defame, harass, stalk, threaten, or violate the legal rights of others.
- by submitting content to Access Positive via any of its web portals (including Blogs, biodata, images, audio etc ) you are giving Access Positive and its affiliated publications the unlimited right to display, store or publish such content (or a derivative of the work) for various marketing and promotions for any length of time.
- We reserve the right to remove or edit any submission without notice.
Without limiting any of those representations or warranties, Access Positive Pty Ltd has the right (though not the obligation) to, at Access Positive Pty Ltd’s sole discretion (i) refuse or remove any account, access to its services or content that, in Access Positive Pty Ltd’s reasonable opinion, violates any Access Positive Pty Ltd policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website or its Services to any individual or entity for any reason, in Access Positive Pty Ltd’s sole discretion.
2. Responsibility of Website Visitors or Users.
By operating the various Websites, Access Positive Pty Ltd does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful content. The Website or its Services may contain content that is objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Access Positive Pty Ltd disclaims any responsibility for any harm resulting from the use by visitors of the Website or users of the services, or from following the advice or instructions or suggestions from its content or services.
3. No control on Service Providers.
Access Positive Pty Ltd does not have any control over Service Providers (Psychics and other counsellors) methods and advice and is not responsible for their contents or their advice. You will not hold Us responsible for:
A) Any damage or stress related to any action or communications actioned as a result of advice given from the psychic or metaphysical expert.
B) The accuracy, usefulness or relevancy of the information provided by the Service Provider (psychic contractor).
You must be aware that any content or advice given by a User could be misleading or incorrect and it is Your responsibility to use caution and common sense when you accept or follow any advice given.
The links, Services or Adverts provided on any of Access Positive Pty Ltd websites does not represent or imply that it endorses such websites, Services or advertised WebPages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Access Positive Pty Ltd disclaims any responsibility for any harm resulting from your use of clairvoyants.com.au and all other websites, services, owned or operated by Access Positive.
4. Copyright Infringement and DMCA Policy.
As Access Positive Pty Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by clairvoyants.com.au violates your copyright, you are encouraged to notify Access Positive Pty Ltd. Access Positive Pty Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
5. Intellectual Property.
This Agreement does not transfer from Access Positive Pty Ltd to you any Access Positive Pty Ltd or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Access Positive Pty Ltd.
Access Positive Pty Ltd may terminate your access to all or any part of the Website or its services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website or its services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties.
The Website and its Services is provided “as is”. Access Positive Pty Ltd and its suppliers or available services, service providers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Access Positive Pty Ltd nor its service providers or suppliers, makes any warranty that the Website or its Services will be error free or that access thereto will be continuous or uninterrupted, the results that may be obtained from the use of the services or materials will be effective, accurate or reliable. You understand that you download from, or otherwise obtain content or services through, the Website and its services at your own discretion and risk.
8. Limitation of Liability.
In no event will Access Positive Pty Ltd, or its Services, affiliates, suppliers or Contractors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to Access Positive Pty Ltd under this agreement during the 48 hours period prior to the cause of action. Access Positive Pty Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control.
9. General Representation and Warranty.
You represent and warrant that:
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Access Positive Pty Ltd, its contractors, and its provider of Services, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or its Services including but not limited to your violation of this Agreement.
Any Dispute Resolution Proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action.
12. Customer Care, Improvements and Complaints.
13. Service Charges
Use of our Services incurs fees which can debit your telephone account or credit/debit card or PayPal account. It is your responsibility to monitor your usage and therefore the total amount for charges incurred.
- Premium rate services (PRS) are charged at a per minute rate by your telephone provider and will appear on your telephone bill. Please ensure you have the bill owner’s permission to use the service.
- Credit card calls are charged to your credit or debit card in accordance with the listed prices on the web site(s).
Money Back Guarantee
Refund Policy: If you are not happy with the reading we will give you a Full Refund or a Free Reading with another Psychic. This is only available for Credit Card clients through the Manual Credit Card Service and you must end the call within 5-15 minutes and call the helpdesk to get the refund which will either be refunded to your credit card or given as free minutes with another psychic. You can choose to receive either a full refund or a free reading. We will offer a maximum of three (3) refunds to your account before your account is terminated.
Requests for refunds must be done on the same day as the reading.
Please terminate the reading at 5-15 minutes (minimum time) if you are not satisfied. You must contact Access Positive (The Helpdesk) directly to authorise your refund.
5/454 Roberts Road
Subiaco WA 6008
Contact Number: 61 08 6161 2548
Last updated on 5/12/2011
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