By using the PsychicOz.com website you accept these Terms and Conditions. Unless amended or modified, these Terms and Conditions will remain in effect while you are a User, Subscriber or a Member. We may revise these Terms and Conditions at any time by updating the website. If you do not agree with these Terms and Conditions, please do not use the website.
For convenience, we will refer to the PsychicOz.com website, "Mail" (any email you send from your Member account to another Member), "Chat" (any live chats conducted between you and another Member), phone services (including recordings posted by psychics and services available through 1-855-212-8170 and other numbers that PsychicOz maintains for access by Members) and any other content therein as the "Site." We will refer to any advice, information, entertainment and other products or services you may receive from other Members (in their role as psychics) or their listings on the Site as the "psychic Services." All Members, whether they provide or receive psychic Services from other Members, will be referred to as "Members." Members who create listings and/or provide psychic Services will also be referred to as "psychics."
PsychicOz Clients Refunds Policy
PsychicOz Inc. has adopted a policy of honoring refund requests up to the total available balance within a Member account.
To begin this process, please fill the online form located on our Resolution Center page. Our Customer Support might have to verify your email address to process your request.
Upon acknowledgement of your request, unused funds will be debited from your PsychicOz Inc. account and credited to the originating payment method within 5 to 7 business days. PsychicOz Inc. will provide a confirmation number of receipt, if requested. If you have encountered an error in receiving a refund, please contact PayPal or your credit/debit card issuer for assistance. For certain financial institutions, it may take up to 30 days for a refund to reflect on your statement.
Additional Reasons for a Refund
PsychicOz Inc. reserves the right in its sole discretion to terminate a transaction in order to fulfill credit card industry regulations, payment processor and banking procedures, or in an effort to accommodate legal requests.
If a breach of our Member Agreement, customer error, technical issue or potential fraudulent transaction has been brought to our attention, PsychicOz Inc. may also choose to issue a refund.
If you have any problems with the service that you received, please contact us via the online form located on our Resolution Center page.
Clients Payment Agreement
PARTIES TO THIS AGREEMENT
This PsychicOz Inc. Billing Agreement ("Billing Agreement") is between PayPal, Inc., PayPal CA Limited, and PayPal Pte. Ltd. (collectively "PayPal"), PsychicOz Inc. Inc. ("PsychicOz Inc.") and you.
AUTHORIZATION TO CHARGE YOUR PAYPAL ACCOUNT FOR PSYCHICOZ INC. FEES
By agreeing to these terms, you are giving PsychicOz Inc. permission to charge your PayPal account to collect fees that you owe PsychicOz Inc., unless and until you cancel your Billing Agreement. You authorize PayPal to pay from your PayPal account the full amount of fees presented by PsychicOz Inc. PayPal will not initiate payments on its own under this Billing Agreement; it will only pay out charges initiated by PsychicOz Inc.
If this Billing Agreement is cancelled, or if the payment of your PsychicOz Inc. fees through PayPal cannot be completed for any reason, you remain obligated to pay PsychicOz Inc. for all unpaid fees.
ClIENTS FUNDING SOURCE USE
When PsychicOz Inc. charges your PayPal account, PayPal will always attempt to withdraw funds from your PayPal balance first. If funds in your balance are insufficient, PayPal will look for and attempt to charge a Preferred Funding Source that you have set up for this Billing Agreement. If the Preferred Funding Source fails (for example, a credit card expires), then PayPal will use other available funding sources within your PayPal account.
You will be able to select or deselect a Preferred Funding Source, and to enable or disable other funding sources, both within the enrollment flow, and at any time through the Direct Payments link under the Account Profile tab when you log in to the PayPal website.
Eligibility to use the Site and psychic Services is limited.
The Site and psychic Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and psychic Services are not available to temporarily or indefinitely suspended Members. Also, you shall also not use this Site if your use is prohibited by the trade laws of the United States or any other country.
You consult with psychics or provide psychic Services at your own risk.
(a) PsychicOz does not evaluate, provide, produce or control the psychic Services, or information or exchanges between Members, in any manner. Although psychic listings may contain verified credentials, the verification services are provided by third parties. PsychicOz does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the credentials, identity or qualifications of any psychic. Further, PsychicOz does not make editorial or managerial decisions concerning content. Nor will PsychicOz be held responsible for any psychic's failure to comply with laws or regulations concerning the content of listings. Instead, PsychicOz acts as a technology service that allows Members to share advice, information and other products or services among themselves. Although PsychicOz helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, PsychicOz does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in psychic listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods. PsychicOz is not responsible for the use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and psychic Services, in evaluating the qualifications of, and statements made by Members in listings or through the Member feedback system, and in disclosing personal information to other Members. PsychicOz prohibits disclosure of personal contact information to other Members, including psychics. If you do, you do so at your own risk. Placement of a Member in a particular category does not mean that they are qualified in any such area or category. PsychicOz assumes no responsibility for monitoring any Member feedback or otherwise policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, PsychicOz urges you to immediately contact the police directly for help. In addition, PsychicOz prohibits Members from using the Site or psychic Services to solicit other Members to meet with them in person. If you do meet with other Members, you do so at your own risk.
(c) If you have a dispute with another Member, or suffer any harm arising out of or connected with any psychic Services, you hereby waive all claims against and release PsychicOz (and its parents, subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any psychic Services or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR" Residents of other states and jurisdictions waive their rights under analogous laws, statutes or regulations.
PsychicOz's limited role.
PsychicOz acts only as an interface to facilitate communications initiated between Members and as a third party payment network. As an psychic, you are not an employee, agent or contractor of PsychicOz, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and psychic Services, and for reporting and payment of all taxes associated with fees transferred to you by PsychicOz. PsychicOz accepts no responsibility for reporting to law enforcement agencies any threats made by Members to harm themselves or third parties or take any illegal action. Any such responsibility lies with the psychic alone.
You are solely responsible for the use of your Member account and agree to the following fee and payment terms:
(a) The rates for psychic Services are as set forth in the applicable psychic listing. A "Conversation" refers to any live call or Chat. "Transaction" means any Conversation or pre-recorded call through the Site initiated using your password and Member account and any Mail response sent to your Mail account in response to a request for advice, information, entertainment services or other products or services from an psychic who lists a fee for email responses (each a "Paid Mail"). You hereby authorize PsychicOz to collect fees for each Transaction by debiting your Member account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for Conversations and pre-recorded calls are calculated based on the per-minute rate listed and the duration of the transaction. PsychicOz reserves the right to offer, from time to time and subject to change at any time, promotions or special offers and may limit eligibility for promotional or special offers. Fees for recorded calls are determined based on the listed fee. Fees for Paid Mail are collected immediately upon acceptance of the Paid Mail, regardless of quality or completeness, by the receiving Member and are determined as set forth in the psychic listings. You authorize PsychicOz, directly or through third parties, to make any inquiries we consider necessary to validate your Member account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.
(b) You agree not to allow non-Members to use your Member account. You agree to maintain the confidentiality of your password and Member account information and to supervise all activities that occur under your Member name, password or Member account, including, but not limited to, any and all usage of the Site by other persons under your Member name and password. You agree that you will not permit, enable, introduce or facilitate (i) non-Members to have access to or use of the Site or psychic Services in any manner without first becoming Members and (ii) simultaneous use of psychic Services by others with you.
(d) Based on Member account use and other factors identified by PsychicOz in its sole discretion, PsychicOz may verify your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide PsychicOz with additional information that may be requested; you consent to PsychicOz's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information; and you authorize PsychicOz to obtain a consumer credit report or information from consumer credit reporting agencies and to verify your identity.
In using or accessing the Site or psychic Services, you agree to comply with the following:
(a) You (as an psychic providing psychic Services) are solely responsible for the content provided and the content on listings created under your Member account.
(b) You (as a Member receiving psychic Services) will not record or otherwise copy or store any live or pre-recorded voice call or Chat that you receive through the Site, including any Paid Mail. You (as an psychic providing psychic Services) will not record or otherwise store any voice call you conduct with a Member.
(c) You will not "frame," "mirror" or otherwise copy any portion of the Site without PsychicOz's express written authorization.
(d) You will not use the Site for any purpose that is, or depict any content that is, unlawful, fraudulent or contrary to this Member Agreement and the policies of PsychicOz, and you will cooperate fully with PsychicOz to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized PsychicOz representatives access to any password-protected portions of your Member account.
(e) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
(f) You will conduct all for-fee communications that you have with other Members only through the Site, and you will not circumvent or attempt to circumvent the Site using third-party payment or other services.
(g) You will not use the Site to conduct or transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable communications or material of any kind. You will respect the privacy of others and will not (i) attempt to obtain the personal contact information (including usernames and IDs on other communication platforms) of another Member or (ii) divulge your personal contact information (including usernames and IDs on other communication platforms) to another Member.
(h) You will not attempt to harm, disrupt or gain unauthorized access to the computer systems or networks associated with the Site or another Member's computer or device.
(i) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
(j) You will only use payment methods for which you are the authorized user. You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to PsychicOz. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
(k) You will not use the Site to promote any product or services other than the services described in your psychic listing on the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly," "lose weight now" or "make money surfing the Web").
(l) You will not transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings or transmit any solicitation for employees, consultants, contractors or for participation on other websites.
(m) You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance. Except during a Transaction or Conversation, psychics have full discretion to adjust their per minute rates at any time.
(n) You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for yourself or other Members, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member listing.
(o) You will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings.
(p) You will adhere to all applicable laws and regulations governing your actions in connection with the Site, and you (as an psychic providing psychic Services) are responsible for meeting the requirements of applicable professional licenses and applicable advertising laws, regulations and guidelines.
(q) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Member Agreement and PsychicOz policies.
As between the parties, PsychicOz shall retain all ownership in the Site including all URLs and any content created for or derived from the Site.
(a) PsychicOz shall own all right, title and interest in psychic Services and the Site, its entire contents and functionality, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, phone numbers, toll free numbers and number extensions together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. Except as noted below, you are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of PsychicOz or any third party.
(b) You understand and agree that (i) you will have no right, title and interest to any of the toll free numbers, phone numbers or extension numbers assigned to you (ii) that PsychicOz may change your toll free number, phone numbers and/or extension number at any time in its sole and absolute discretion (iii) you will have no right, title and interest to any psychic listing name and (iv) that phone numbers, toll free numbers, extensions and psychic listing names may be recycled by PsychicOz to other Members if you are not actively using them or your Member account has been terminated. Further, you hereby grant to PsychicOz, its distribution partners, affiliates, and similar third party website/media providers of PsychicOz's choice, the right to use, copy, distribute, display or reference in any media form your psychic listing information, including without limitation, your listing name, tags, descriptions, photos, PsychicOz buttons, phone numbers and extensions, or your Member information, including without limitation, your member name, registration date, conversation lengths, and submitted ratings and/or written feedback for psychic Services.
(c) As a Member, you are granted a nonexclusive, nontransferable, revocable and limited license to access and use the Site and psychic Services in accordance with this Member Agreement. PsychicOz may terminate this license at any time for any reason whatsoever. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site or any portion thereof.
If you act as an psychic, you will comply with and be subject to PsychicOz's psychic Rules Policy and Payment Policy.
PsychicOz's psychic Rules Policy and Payment Policy are available on the Payment Policy page, and are incorporated into this Member Agreement by reference and may be accessed by clicking on them.
PsychicOz disclaims any warranties or representations regarding the Site and psychic Services.
THE SITE AND ANY psychic SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. PSYCHICOZ AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, psychic SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, PSYCHICOZ MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL BE ERROR FREE. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
PsychicOz's liability for your access to and use of the Site and psychic Services is limited and you are responsible for your use of the Site.
UNDER NO CIRCUMSTANCES WILL PSYCHICOZ OR ITS PARENTS, SUBSIDIARIES, AGENTS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR psychic SERVICES, WHETHER OR NOT PSYCHICOZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PSYCHICOZ AND ITS PARENTS', SUBSIDIARIES', AGENTS' OR SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY PSYCHICOZ FROM YOU (AFTER PAYMENTS TO psychicS AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) TWO HUNDRED DOLLARS ($200). PSYCHICOZ WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY PSYCHICOZ, AND ITS EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF psychic SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED. In each case, PsychicOz will provide you with written notice of such claim, suit or action. PsychicOz shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
PsychicOz prohibits the unauthorized use of copyrighted materials and trademarks.
You shall not use the Site or psychic Services to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks, or otherwise violates or promotes the violation of the intellectual property rights of any third party.
"PsychicOz" and all related names, logos, product and service names, designs and slogans are trademarks of PsychicOz or its affiliates or licensors. You must not use such marks without the prior written permission of PsychicOz. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
PsychicOz Copyright Policy:
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the Member accounts of Members who are repeat copyright infringers.
Carrier Transactions and Charges.
Your dealings with any wireless, telecommunications, or other carrier ("Carrier") in connection with accessing the Site and the use or provision of psychic Services, including payment for usage charges, participation in any promotions offered by any Carrier and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier. PsychicOz is not responsible for any such Carrier dealings or promotions.
You shall not assign this Member Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of PsychicOz, which shall be at its sole discretion. Any such purported assignment or delegation by you without the appropriate prior written consent of PsychicOz will be null and void and of no force or effect. PsychicOz may assign this Agreement or any rights hereunder without your consent.
Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Member Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Member Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, PsychicOz, the Member, or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
You consent to the use of (a) electronic means to complete this Member Agreement, to use the Site and psychic Services and to provide you with any notices given pursuant to this Member Agreement, and (b) electronic records to store information related to this Member Agreement or your use of the Site.
You understand and agree that this Member Agreement and any notices given pursuant to this Member Agreement are enforceable in electronic format.
If any provision of this Member Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. PsychicOz's failure to act with respect to a breach by you or others does not waive PsychicOz's right to act with respect to subsequent or similar breaches. The failure of PsychicOz to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This Member Agreement and any dispute arising between you and PsychicOz shall be governed by and interpreted in accordance with the laws of the State of California. You agree that this Member Agreement and the Member rules and restrictions and policies contained herein, and PsychicOz's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and PsychicOz. This Member Agreement together with the rules and policies of PsychicOz constitutes the entire agreement between PsychicOz and you with respect to the subject matter hereof.