Psychic Gift Advisor Agreement

This is a legal agreement between you (The Advisor) and Psychic Gift Ltd., hereinafter referred to as "Psychic Gift." We will refer to services offered online by Psychic Gift as "Site", we will refer to you as "Advisor", any services you offer through the Site will be reffered to as "Advisor Services". By registering to Become an Advisor you argee to have read and accepted the terms and conditions set out in this document. Use of the Psychic Gift Site is subject to the terms and conditions of this agreement. If you do not agree to be bound by these terms and conditions in its entirety you must not continue to use the Psychic Gift Site, if we feel any Advisor is in breech of these terms and conditions we may suspend your access to the Site without notice. The policies, terms and conditions below limit Psychic Gift's liability and obligations to you and allow Psychic Gift to change, suspend or terminate your access to and use of the Site.

1. Restrictions.

The Site and Advisor 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. Psychic Gift may reserve the right not to allow any individual or organisation to Become an Advisor at Psychic Gift's sole discretion. You shall not use the Site or register to Become an Advisor if you are located or reside in a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or is prohibited from entering into trade relations with the United States or the United Kingdom or its citizens.

2. Definition of Service.

Psychic Gift provides a platform for the Advisor to advertise his/her advice services to Site visitors and Members. Psychic Gift will provide the Advisor with tools to promote his/her own public profile and communicate with Members once a member initiates contact.

3. Warranties.

By registering to Become an Advisor, the Advisor warrants, declares and agrees to the following:

He is at least 18 years of age or a legally organized entity and that he is authorized to represent the person or entity that is submitting an Advisor registration, to sign the registration form on its behalf and bind it;
He will provide correct representation of skills, degrees, background and other information as prompted by any form in the Site, and will maintain and update such information during the term of this Agreement to keep it true, accurate, current and complete.
He will not misrepresent himself or create a misleading name or listing.
He will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional unless he or she is a licensed professional in the relevant field of Advisorise and abides by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.

4. Conduct.

Advisor will be solely and fully liable for all conduct, postings and transmissions that are made under his user name and password. The Advisor warrants and declares that while he is using Psychic Gift.com he will act according to the following rules:

Advisor will be solely responsible for the service he gives to his Clients and to the verification of their identity and other information delivered to him by members.
Psychic Gift is not involved in any transactions between Advisor and Members. Psychic Gift does not control the accuracy of any postings on the Site or transmissions through it by Members. In addition, Psychic Gift can not and will not make any effort to verify the identify of any of its Members;
Advisor agrees that any information or content that he posts or transmits through Psychic Gift.com will not be considered confidential. Advisor grants Psychic Gift.com an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works communicate to the public any such information and content on a world-wide basis;
Advisor will not attempt to provide any service that he is not qualified to provide, even if requested so by a Client. Advisor will not answer questions from the public board in fields that are not within his fields of Advisorise;
Advisor will not mislead Clients to believe that he can provide a service which is outside his fields of Advisorise;
All interactions between Advisor and Member will be billed through Psychic Gift regardless if the interaction is online or offline. Advisor agrees to abide by the pricing terms agreed upon with Members while utilizing Psychic Gift.com;
Exchange of contact information between Clients and Advisors is strictly prohibited (or any other information which permits Clients and Advisors to make contact other than via the Psychic Gift platform), and constitutes a material breach of this Agreement. All communication between Advisor and Client must be carried out via Psychic Gift's platform. Every person who contacts an Advisor via Psychic Gift (whether by voice, chat, email or other medium) will be considered to be a Client.
Advisor will not post or upload links to external websites, email addresses or other contact information.
Advisor will not interfere with or disrupt the Psychic Gift.com site or servers or networks connected to the Site;
Advisor will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", or any unsolicited mass distribution of email or bulletin board postings;
Advisor will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
Advisor will not disobey or breach this Agreement or any other applicable instructions conveyed by Psychic Gift or its officers;
Advisor will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
Advisor will not upload, post, e-mail, transmit or otherwise make available any information or material that infringes a third party right, especially copyright or other intellectual property rights;
Advisor will not upload, post, e-mail, transmit or otherwise make available any third party advertisements, including banner exchange services;
Advisor will not upload, post, e-mail, transmit or otherwise make available software viruses, Trojan horses, worms or any other malicious application;
Advisor will not impersonate any person or entity, or make any false statement regarding his employment, agency or affiliation with any person or entity;
Advisor will not stalk, threaten or harass Members or other Advisors or invade or attempt to invade their privacy;
Advisor will not upload, post, e-mail, transmit or otherwise make available any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
Advisor will not disclose any information that was provided to him by a Member and will use his best efforts to guard Member’s privacy.
Psychic Gift may review the Advisor's personal profile and amend any typing or spelling errors. Psychic Gift can not and will not examine the truthfulness or accuracy of the details in the Advisors’ personal profile or in any of his postings or transmissions. However, Psychic Gift may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Advisor. Without derogating from the above, Psychic Gift may remove any content violating this Agreement. The Advisor will bear all the risks associated with the uploading and transmitting material utilizing Psychic Gift.com, including reliance on its accuracy, reliability or legality.

5. Psychic Gift Fees.

The fees relate to email sessions only, fees for telephone readings will be made available to advisors who are selected to offer telephone consultation. Mediumsu4 fee is set at 35% for each individual email session plus an initial fee of £1.50GBP to cover connection and transaction charges. These fees are subject to change and Advisors will be notified in advance of any changes.

As an Advisor you are not an employee, contractor or agent of Psychic Gift and you shall not in any way represent any of the foregoing, You are responsible for declairing and payment of all taxes associated with payments recieved from Psychic Gift.

6. Legal Disclaimer.

Although Psychic Gift uses its best endeavours to provide a reliable service, it disclaims all warranties, express or implied, as to the availability. This includes but is not by way of limitation:

any implied warranties
any liability for damage to your business resulting from the advice or the lack of advice
any errors, omissions, or inaccuracies in the service
any decision made or action taken or not taken in reliance upon the service

Mediumsu4 shall not be liable for any losses or damages (including without limitation consequential loss or damage) whatsoever from the use of, or reliance on, the service provided. Any links to other Web sites or organizations does not constitute an endorsement or an approval by Psychic Gift of any products, services, policies or opinions of the organization or individual.

These terms and conditions shall be governed by and construed in accordance with English Law under the exclusive jurisdiction of the English courts.

7. Contact Information.

Psychic Gift Ltd
111 High Street East
Glossop, Derbyshire
SK13 8QA

Tel: 01457 869990
Email: martin@bitzone.co.uk

Last Revised: 06/09/2007

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