Terms and Conditions
These Member Terms and Conditions (this “Agreement”) apply to all users (“you” or “Member”) who access and/or use the platform for on-line advice and professional consulting services (“PSYCHICOZ.COM PLATFORM”) available on www.PsychicOz.com (the “Site”). This Agreement applies with respect to a Member’s access and/or use of the PSYCHICOZ.COM PLATFORM regardless of where such PSYCHICOZ.COM PLATFORM is made available.
The Site is owned and operated by PsychicOz Inc. and PsychicOz Ltd (“Company”).
THIS SERVICE IS PROVIDED BY PSYCHICOZ.COM FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THIS SERVICE. OUR PSYCHICS MAKE EVERY EFFORT TO PROVIDE YOU WITH HELPFUL ADVICE. HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH PSYCHICOZ.COM.
In addition to the Site, the PSYCHICOZ.COM PLATFORM, or a portion thereof, may also be made available via third party websites. If you have accessed the PSYCHICOZ.COM PLATFORM, or any portion thereof, via a website operated, managed, maintained or controlled by a third party, your use of such website may be subject to terms and conditions imposed by such third party. Company is not responsible or liable for any terms, conditions, policies, acts or omissions of any such third parties.
YOU AGREE THAT BY USING THE EXPERT PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets forth and contains the terms and conditions between you and Company. By using any portion of any Site you agree to be bound by this Agreement. You should, therefore, read this Agreement carefully.
IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CONTINUE TO USE ANY PORTION OF ANY SITE.
In such case you will not be able to register as a Member or otherwise use the PsychicOz Platform.
Company may modify this Agreement or any part hereof at any time as may be required for the provisions of services on the Sites and for other legitimate business purposes.
Company will use commercially reasonable efforts to inform you of any material changes to this Agreement. However, Member is encouraged to check the terms of this Agreement frequently. By using the PsychicOz Platform or a Site (including maintaining your account) after any modifications to this Agreement have been made, Member agrees to be bound by such modified Agreement.
The PsychicOz Platform allows Members to locate an Advisor and ask questions or request advice and/or services directly from such Advisor. Company, via the PsychicOz Platform, enables a Member to negotiate and communicate directly with the Advisor and pay for the services purchased by the Member from such Advisor (each a “Transaction”). Each Member is solely responsible for every Transaction occurring under his or her account.
Member acknowledges and agrees that Advisors are neither employees nor agents nor representatives of Company, and Company assumes no responsibility for any act or omission of any such Advisor.
The accuracy or availability of the PSYCHICOZ.COM PLATFORM or the Sites, (b) the willingness or ability of any Advisor to give advice, (c) whether the Member shall find an Advisor’s advice relevant, useful, accurate or satisfactory, (d) whether the advice of the Advisor will be responsive or relevant to the Member’s question, or (e) whether the Advisor’s advice will otherwise be suitable to the Member’s needs. Company does not take responsibility for verifying the skills, degrees, qualifications, credentials or background of any Advisors. It is strongly recommended that the Member independently verify the skills, degrees, qualifications, credentials and background of each Advisor from whom he or she receives or contemplates to receive advice or services.
The PsychicOz Platform and Site may contain financial information provided by third parties. Such content is provided for informational purposes only and is not intended, and should not be used, for trade or investment purposes. Furthermore, the PsychicOz Platform and Sites may include bulletin boards which allow Members to post questions to Advisors regarding various topics and allow Advisors to volunteer answers to such questions.
AS NOTED IN THIS AGREEMENT, PSYCHICOZ.COM DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR EXPERT ADVICE PROVIDED AND PSYCHICOZ.COM WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.
Information furnished by Advisors is intended for general information purposes or entertainment purposes only. Any consultation with an Advisor via the PsychicOz Platform cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Advisors. Any reliance on such information is done at the Member’s full and sole risk and liability.
Company does not review, endorse, recommend, verify or evaluate, or otherwise provide any warranty or guarantee with respect to, any Advisor on the site.
Member hereby releases and agrees to hold harmless Company and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician or attorney, or any other Advisor in a field requiring licensure and/or certification, who may be accessed through the PsychicOz Platform or any Site.
Disclaimer of Warranty
Company does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, expertise, claims or background of any Advisor or any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor. Nothing contained in this Agreement, on the PsychicOz Platform, on any Site, on any third party site or provided otherwise shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (a) any Advisor; (b) the PsychicOz Platform; (c) any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor or otherwise made available on the PsychicOz Platform; or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content or anything otherwise said or written by any Advisor, including any biographical information, qualifications, or other information spoken by any Advisor or contained in or made available on the PsychicOz Platform, any Site, any blog or any other forum.
MEMBER ACKNOWLEDGES AND AGREES THAT THE SITES AND PSYCHICOZ.COM PLATFORM ARE PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST PSYCHICOZ.COM, ITS AFFILIATES, OR ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE, THE PSYCHICOZ.COM PLATFORM OR ANY EXPERT. THE USE OF A SITE AND THE PSYCHICOZ.COM PLATFORM IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, PSYCHICOZ.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
Company expressly disclaims all representations and warranties related to information posted or transmitted by Advisors. If a Member decides to rely on information provided by an Advisor, Member must exercise a high level of care. The Member shall not have any claim or demand against Company, its parent, affiliates, and/or any of the foregoing’s officers, directors, shareholders, employees, sub-contractors and/or agents with respect to any service or advice Member receives, uses and/or relies on. Company will not be deemed the provider of any Advisor’s services or other information acquired through the PSYCHICOZ.COM PLATFORM or the sites. The purchase of the services of any Advisor is entirely at the Member’s sole risk.
Company does not assume, and will not be liable for: (1) the accuracy or availability of any site or the PsychicOz Platform; or (2) any damages or injury arising from or related to any Site, the PsychicOz Platform and/or any opinion, response, advice, prediction, recommendation, information and/or other service provided or not provided by any Advisor.
Additional Disclaimers
Company will not be liable for enforcing any agreement that was made between an Advisor and a Member, including a Member fee agreement. Member will be solely responsible for any agreement made with an Advisor.
In the event of a dispute regarding any Transaction conducted via the PsychicOz Platform or a Site, the Member hereby relieves Company, its parent, affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which Member may have against one or more of the above.
Limitation of Liability
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT PSYCHICOZ.COM, ITS AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) PSYCHICOZ.COM, ITS AFFILIATES AND THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) PSYCHICOZ DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD PSYCHICOZ.COM HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to Company will be capped at $10. This section (limitation of liability) shall survive termination or expiration of this Agreement.
Member Affirmation, Conduct and Use
By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:
You are at least 18 years of age or a legally organized entity, and that you are authorized to submit a Member registration, or that you are authorized to represent the person who is submitting a Member registration, and that you are authorized to sign the Member registration form on behalf of yourself or on behalf of the person that you represent and bind him or her.
The information furnished by you in the registration form is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
The information furnished by you in the registration form is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You are solely responsible for verifying the Advisor’s identity, qualifications, credentials, biographic information, licenses held and other information.
Company is not involved in any transactions between you and any Advisor.
Company does not take any responsibility for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the Advisors.
Company does not control the quality, relevance or accuracy of any advice provided by an Advisor, and Company does not determine whether any Advisor is qualified to provide any specific advice, whether an Advisor is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings on the PSYCHICOZ.COM PLATFORM or a Site or any transmissions through the foregoing by a Member or an Advisor is accurate, correct, relevant or appropriate.
You hereby grant Company an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a world-wide basis, any information or content that you post, transmit, deliver or receive via the PSYCHICOZ.COM PLATFORM, a Site or otherwise from or to an Advisor.
All interactions between you and an Advisor will be billed through the PSYCHICOZ.COM platform regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon with an Advisor while using the Sites and to pay to Company all fees for services rendered to you by Advisors.
Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on any Site.
Member will not interfere with or disrupt, or attempt to interfere with or disrupt, any Company servers, networks or equipment connected to a Site.
Member will not attempt to gain unauthorized access to any other computer system or network connected to a Site.
Member will not transmit, upload, email, post or otherwise make available through the Service or any Site: (A) any “junk mail”, “spam”, or any other types of unsolicited email or bulletin board postings; or (B) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
Member will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Company.
Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
Member will not transmit, upload, email, post or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
Company enables the transfer of files between Members and Advisors. When opening such file attachments received from Advisors it is the Member’s responsibility to scan them with an anti-virus software application prior to opening them.
Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.
Member will not stalk, threaten or harass any Advisor or Member or infringe upon or attempt to infringe upon their privacy.
Company may elect, but is not required, to review the Member’s personal profile and amend any typing or spelling errors. Company does not examine the validity or accuracy of the details in the Member’s personal profile or in any of the Member’s postings or transmissions. Without derogating from the above or any other term of this Agreement, Company may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member and/or remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or Company’s services, including reliance on its accuracy, reliability or legality.
Fees and Payment
Member shall ensure that all credit card and payment information presented by Member is accurate and correct and kept updated at all times and that Member is fully authorized to use such credit card and payment information for purposes of paying for services made available via the PSYCHICOZ.COM platform.
Member is solely responsible for paying all fees incurred for the use of the PSYCHICOZ.COM platform, including each Transaction under the Member’s account. Member shall also be responsible to reimburse Company for any expenses incurred by Company to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a Member’s account disputed in violation of this Agreement. Company reserves the right to charge interest on any past-due amounts of 2% per month or the highest amount permitted by law (if lower).
A Member may make payments by charging the fees to the credit or debit card or the Paypal account on file. Each Member hereby expressly authorizes payments for all fees for each Transaction occurring under the Member’s account. Additionally, Member may deposit amounts as reserved funds as part of the Member Account. Deposits may be made via a credit or debit card or Paypal account. Fees will then be deducted from the reserved funds as incurred, either as services are rendered, or promptly after a session with an Advisor ends. The reserve funds feature is offered by Company to Members for their convenience and is free for active accounts. Company reserves the right to charge an administrative fee of up to $US5.00 (the “Account Maintenance Fee”) each month for inactive reserve funds (i.e., account reserve funds that have not been added to, or used for Transactions) for three or more months, which amounts shall be deducted automatically from the reserve funds. If a Member does not wish to incur the Account Maintenance Fee, the Member may request a refund of the reserve funds by clicking here and typing the word “refund” in the help search bar and filling out the necessary information. No Account Maintenance Fees will be incurred if the reserve fund balance is $US0.00. If Account Maintenance Fees were incurred on reserve funds deposited prior to July 1, 2014, the Member may request a refund of the Account Maintenance Fees charged by clicking here and typing the word “refund” in the help search bar and filling out the necessary information.
Company will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between Member and an Advisor within seven (7) working days from the execution date of each transaction. Due to credit card and debit card payment processes, there may be a delay in processing charges. Charges incurred over a several day period may be consolidated and charged as a single charge to the Member’s credit card or debit card. As a result, it is recommended that Members keep track of their own usage.
Member is obligated to report to Company in cases when he or she was billed directly by an Advisor (i.e. not through Company). Such report should include a description of the service that was rendered by the Advisor and the price charged.
Time charges to Members are based on increments of a minute as measured on Company’s servers. Charges to Members are rounded up so that any part of a minute is considered a full minute of time charges. Company’s billing system is not fault-free; therefore Company shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the Member thinks that a mistake has occurred he or she may send his or her complaint to info@psychicoz.com.
While Members are solely responsible and liable for all uses of the PSYCHICOZ.COM platform (including, but not limited to, the selection of Advisors, communications with Advisors and fee arrangements with Advisors), and while Members assume the risk that any communications with an Advisor may or may not address a Member’s questions or otherwise be satisfactory, relevant or acceptable to the Member, in certain limited circumstances Company may elect to refund a payment made by a Member for a communication session with an Advisor.
User Name and Password
When you, the Member, create and open an account with Company, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify Company of any unauthorized use of Member’s password, user name, e-mail, or any other breach of security. Company encourages Member to change their password at least once a month. Company will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. Company will hold you liable and responsible for any losses incurred by Company due to someone else’s use of your account or password.
Links
The Sites may contain links or other content related to web sites, products and/or services offered by third parties. Company has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Member acknowledges and agrees that Company is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Member warrants and agrees that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Company encourages the Member to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.
Advertisements
Company may include on the Sites advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the Member may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member acknowledges and agrees that Company is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Member is wholly liable for all communications and transactions with advertisers.
Modifications and Termination of Services
Company reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Member. Member agrees that Company shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by Company, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service.
Company’s services depend on various factors such as software, hardware and communications networks of Company, its contractors and suppliers. Company does not guarantee that Company’s service will be uninterrupted or that it will be timely, secure or error-free.
Company, in its sole discretion and for any reason, may terminate Member’s participation in the services and refuse any and all current or future use by Member of the Sites.
Company Intellectual Property
The Sites contain copyrighted material, trade secrets and proprietary information owned by Company, one of its affiliated companies, or its licensors. This Agreement does not grant to the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or any material or information appearing on the Sites or any services offered by Company. The Member may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Company, an affiliated company, or its licensors. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites.
The Member may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Company, any of its affiliated companies or its licensors, or take any other action that infringes upon or impairs any of the foregoing’s trademark or other intellectual property rights.
Company, its affiliated companies or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement,
Company, its affiliated companies or its suppliers shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.
Privacy
By registering as a Member and agreeing to the terms and conditions of this Agreement, you are also agreeing to the terms of Company’s Privacy Policy available at http://psychicoz.com/privacypolicy.
Permitted and Required Disclosures
Company may disclose Member information, including, but not limited to, personal information, transcripts, surveys, and recordings, if Company reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Company’s liability in an actual or potential lawsuit, (iii) is necessary or appropriate to protect Company’s rights or property, or the rights or property of any person or entity, (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring payment of fees by Members), or (v) is required or necessary to deter illegal behavior (including, but not limited to, fraud).
Copyright Policy
Company respects the intellectual property of others, and we ask our users to do the same.
Company may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located on the Site, including the URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s Copyright Agent for Notice of claims of copyright infringement can be reached by email at info@psychicoz.com
Limited License
Company grants Member a limited, nonexclusive, revocable right to use the Sites provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.
Indemnification
Member shall defend, indemnify and hold Company, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member’s refusal to pay for services provided by any Advisor; (c) any content Member submits, posts or transmits through a Site and/or the PsychicOz.com Platform or otherwise provided by Member; and (d) Member’s use of any Site and/or the PsychicOz.com Platform. This section shall survive expiration or termination of this Agreement.
Notice
Company may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the PsychicOz.com Platform or Site, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the PsychicOz.com Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Company must be delivered by email at info@psychicoz.com
No Assignment
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Company. Any purported assignment without the prior written approval of Company will be null and void and of no force or effect.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the British Columbia, Canada (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in British Columbia, Canada.
This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Company and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Company with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with Canada are not permitted to use or access the PSYCHICOZ.COM platform or the Sites.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Last Updated: October 28, 2014