Sales Terms and Conditions

In these Terms & Conditions (Terms), “we”, “our” or “us” means The Psychic Couch Pty Ltd

ACN 602 409 414 (The Psychic Couch), its successors and assignees. “You” or “your” means the person, organisation or entity that subscribes to our Services or orders products from us. The Terms apply to all products and related Services made available by us to you through the website available at www.lyndalouise.com.

These Terms form the agreement under which we will provide you with access to our products and related Services. Please read the Terms carefully.  Please contact us if you have any questions, before you make payment for a subscription or place an order. You can contact us at [email protected].

Your subscription or order indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms. If you do not agree to any of the Terms, do not subscribe or order from us.

You must be at least thirteen (13) years old to subscribe or order from us. If you are over the age of thirteen (13), but are under eighteen (18) years of age, you must have your parent or legal guardian’s permission to use any of our products or Services. Please have him or her read these Terms with you.

Our Terms of Use set out terms and conditions for using our Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on our Site.

 

1. Registration:

We will provide a confirmation of account registration when you register on our Site.  It is your responsibility to keep your account details confidential.  You are liable for all activity on your account, including any subscriptions made using your account details.

2. Subscription and Videos:

(a)  Access to our subscription services (Services) as set out on the Site will require you to provide information, including email address and credit card details and pay monthly subscription fees (Subscription Fees).

(b)  You may subscribe with us or order from us as set out on the Site. We may at our discretion accept or reject a subscription or order depending on factors including availability of videos and our ability to validate payment.

(c)  It is your responsibility to check your subscription or order details, including video and pricing, before you complete your subscription or order on our Site.

(e)  We will provide you with details to access the videos, when you subscribe or order from us and pay on our Site and your payment has been validated.

(f)  A binding agreement comes into existence between you and us, once we have given details for access. No changes to the Terms will be effective unless we both agree to the changes in writing.

3. Payments:

(a)   Services:

(b)   When subscribing to our Services, you agree to pay us the applicable Subscription Fees as set out on the Site. The Subscription Fee for the first month (as applicable) shall be paid at the time you subscribe for the Services.  Future Subscription Fees shall automatically be charged to your credit card (details of which you provide upon subscription) on a monthly basis depending on the type of subscription you purchase. All amounts are stated in Australian dollars.  All purchase prices include Australian GST (where applicable). You must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

(c)  The Subscription Fees and Services can be varied by written agreement between us, including by email.

(d)  If we do not receive a Subscription Fee in full on its due date for any reason, we will stop providing you with the Services.

(e)  You may cancel the Services at any time. If you do so, you will not receive a refund of any Subscription Fees which you have paid up to the date of cancellation but we will not charge any further Subscription Fees to your credit card.

(f)  Products:

(g)  You agree to pay the purchase price specified on the Site at the time that you place your order for a product. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable).

(h)  You must pay for the product by one of the methods set out on the Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

4. Term and Termination:

(a)  This Agreement begins on the date you first subscribe or order from us and continues as long as you have an account with us.

(b)  You may delete your account at any time. Basic accounts may be deleted from the Site if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

(c)  The Psychic Couch may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if The Psychic Couch determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage The Psychic Couch’s reputation and goodwill. If The Psychic Couch deletes your account for the foregoing reasons, you may not re-subscribe with The Psychic Couch. The Psychic Couch may block your email address and Internet protocol address to prevent further registration.

(d)  Upon termination, all licenses granted by The Psychic Couch will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. The Psychic Couch shall not be responsible for the loss of such content.

5. Viewing Videos:

(a)  Videos are made accessible via an online video sharing platform available at vimeo.com (Vimeo).

(b)  Videos are accessible by users in any location that is able to view videos on Vimeo.

(c)  You acknowledge and agree that we own all intellectual property rights in the videos which are made available to you and that no title, ownership or interest in any of the intellectual property has not been transferred to you.

6. Discount Codes and Promotions:

We may from time to time offer promotional discount codes, which may be applicable to videos on the Site, and must be entered at the time of your subscription. The conditions of use relating to any discount code will be specified at the time that it is issued.

7. Intellectual Property

(a)  The work and materials that we provide to you in providing the Services and products contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials).  We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.

(b)  You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.

(c)  Your use of our Materials does not grant you a licence, or act as a right to use, any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.

(d)  You must not breach our Intellectual Property rights by, including but not limited to:

(e)  altering or modifying any of the Materials;

(f)  creating derivative works from the Materials; or

(g)  using our Materials for commercial purposes such as on sale to third parties.

8. Your Obligations and Warranties

(a)  You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services or products to you or the prior 12 month period.

(b)  You warrant that throughout the term of these Terms that:

I. there are no legal restrictions preventing you from agreeing to these Terms;

II. you will cooperate with us and provide us with information that is reasonably necessary to enable us to provide the Services or products as requested by us from time to time, and comply with these requests in a timely manner;

III. the information you provide to us is true, correct and complete;

IV. you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services or products to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;

V. you will inform us if you have reasonable concerns relating to our provision of Services or products under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;

VI. you will not infringe any third party rights in receiving the Services or products;

VII. you consent to the use of your name and Intellectual Property in relation to the Services and products in a way which may identify you;

9. Consumer Guarantees, Return, Refund and Exchange Policy

(a)  Our products and Services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).  Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.

(b)  If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

(c)  If there is a major failure, please contact us immediately at the contact details provided at the end of these Terms. If you are entitled to a refund, The Psychic Couch will make a refund by the same payment method used to make payment for the video subscription.

(d)  Cancellation: Users who purchase any subscriptions from us have five (5) business days after their purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Vimeo or us. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, pleasecontact us.

10. Disclaimer and Limitation of Liability:

(a)  While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and The Psychic Couch and the directors, officers and employees of The Psychic Couch accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.

(b)  You acknowledge and agree that any insights or guidance provided in our products or Services is not professional advice or personal recommendations. The Psychic Couch provides no guaranteed results and takes no responsibility and are not liable for any decisions or actions that you take following the use of any of our products or Services. Your reliance on any information provided to you through our products or Services is at your own risk.

(c)  You acknowledge that payments from you are made through PayPal and video content is delivered to you via Vimeo. We take no responsibility for, and will not be liable for, any loss or damage which occurs to you, directly or indirectly, as a result of a failure or fault by PayPal or Vimeo.

(d)  Certain legislation including the ACL, Competition and Consumer Act 2010 (Cth), similar State or Territory legislation in Australia and similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified (Rights).

(d)  We exclude all implied conditions and warranties except for your Rights, to the extent permitted by law, including but not limited to:

I. we expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

II. we do not warrant that the Site or your access to the Site will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;

III. we take no responsibility for, and will not be liable for, the Site or the products being unavailable; and

IV. we will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.

(e)  Our total liability arising out of or in connection with the products, the services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of any products or services under these Terms.

11. Amendment:

These Terms may be amended from time to time, without prior notice. Your subscription with us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms before you subscribe. Our agents, employees and third parties do not have authority to change the Terms.

12. Indemnity:

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms.

13. General:

(a)  Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law

(b)  Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.

(c)  Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.

(d)  Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

(e)  Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

(f)  Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.

(g)  Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(h)  Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of Queensland. These Terms will be governed by the laws of Queensland, Australia and subject to the exclusive jurisdiction of the Queensland courts. The Site may be accessed throughout Australia and overseas. The Psychic Couch makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

(i)  Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and The Psychic Couch and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

For questions or notices, please contact us at:

The Psychic Couch Pty Ltd ACN 602 409 414

[email protected]

Last update: 14 March 2016

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