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Welcome to Psychic Gift(“psychicgift.co.uk” or “Site”), the web site that is a venue for on- line professional consulting services. psychicgift.co.uk is owned and operated by Psychic Gift. (“Psychic Gift ”). Definition of Service psychicgift.co.uk provides a venue where a Member can locate an Advisor and ask for advice or services. Psychic Gift will enable Member to negotiate and communicate with Advisors and to pay for services he or she will receive from such Advisors. The specific features and functionality of the Site are to be determined solely by Psychic Gift and are subject to change or termination without notice. Psychic Gift makes no representation or warranty whatsoever as to the willingness or ability of any Advisor to give advice, or that the Member shall find the advice given by an Advisor satisfactory, or that it will provide an adequate solution to his or her question, or otherwise be suitable to his or her needs. Member is encouraged to verify the skills, degree and background of those Advisors from whom he or she receives or contemplates to receive advice or services. Member Warranties By submitting the Member registration form, the Member warrants and declares the following:
Member's Conduct Member will be solely and fully liable for all conduct, postings and transmissions that are made under his or her user name and password. The Member warrants and declares that while he or she is using psychicgift.co.uk he or she will act according to the following rules:
Psychic Gift may review the Member's personal profile and amend any typing or spelling errors. Psychic Gift cannot and will 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. However, Psychic Gift may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, Psychic Gift may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing psychicgift.co.uk, including reliance on its accuracy, reliability or legality. Member and Psychic Gift fees Psychic Gift will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between the Member and an Advisor within seven (7) working days from the execution date of each transaction. Time charges to Members are based on increments of a minute as measured on Psychic Gift's servers. Charges to Members are rounded up so that any part of a minute is considered a full minute of time charges. Psychic Gift's billing system is not fault-free or flexible; therefore Psychic Gift 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 accounting@psychicgift.co.uk. User Name and Password Member is responsible for maintaining the confidentiality of the means that were given to him or her in order to use the Site, including password, user name, etc, and is fully responsible for all activities that occur under such means. Member will immediately notify Psychic Gift of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Psychic Gift encourages Member to change his or her password at least once a month. Privacy Member does not have to furnish the information required for registration to psychicgift.co.uk. However, without that information Member will not be able to use the services of psychicgift.co.uk. Psychic Gift Inc. is the sole owner of the information collected on this Site. Psychic Gift will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. In order to use psychicgift.co.uk, both Members and Advisors must first complete a registration form. During registration the Member is requested to furnish contact information, such as name and email address. This information may be used to contact the Member about the services on psychicgift.co.uk in which he or she has expressed interest, and is also used as Member's login information. Member may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so Psychic Gift may provide a more personalized experience on the Site. In such case the Member may decide whether he or she wishes to provide such information or not. The information furnished by the Member during the registration process will be kept in Psychic Gift's database. Psychic Gift will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and Psychic Gift will therefore not be liable for any direct, indirect, consequential or incidental damage that the Member may sustain due to unauthorized intrusion of the database. The main purpose of Psychic Gift is to allow the Member to look for Advisors that may give the Member advice or a service that he or she seeks. Psychic Gift does not screen or edit the content of communications between Advisors and Members, but Psychic Gift may copy, transmit and review communications conducted by or through psychicgift.co.uk for technical support and/or in order to uphold these Terms of Service. Such communications are personal and private unless both parties agree to additional distribution, for example by posting questions or services on the Public Board (described later). Currently, chat communications between the Member and Psychic Gift's servers are encrypted. Chat communications between the Advisor and Psychic Gift's servers are also encrypted, but only if the Advisor is using the most current version of Psychic Gift's software. Email and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring. Psychic Gift makes public bulletin boards available to its Members. The public boards allow Members to post questions or service requests that can be viewed by all Advisors. Requests may be posted anonymously. A Member can also determine the length of time he or she wishes to have his or her question remain “in view” on the public board. All postings, descriptions, etc. are public until Member enters into a personal negotiation with an Advisor. All subsequent communications between the Member and Advisor, including both the negotiation phase and the actual relaying of service, are not available to other Psychic Gift Members and Advisors, and are confidential between Advisor and Member. Chat and e-mail communications between Members and Advisors are stored on Psychic Gift servers for a certain amount of time and available for review by Advisors and, if a paid session, by Members. Psychic Gift uses IP addresses to analyze trends, administer the site, track a Member's movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the Member's experience when using the Site. Psychic Gift may also retain any emails, letters, or other correspondence between the Member and Psychic Gift to ensure quality control and the best possible service, although it has no obligation to do so. Psychic Gift makes use of cookies to store information. A cookie is a piece of data stored on the Member's hard drive containing information about the Member. For instance, by accepting a cookie by psychicgift.co.uk, the Member will not have to enter his or her login information (his or her email and password) every time he or she logs into his or her account, thereby saving time while on psychicgift.co.uk. If the Member rejects the cookie, he or she may still use psychicgift.co.uk; Member will simply have to login each time he or she visits the Site. Cookies can also be used to enable Psychic Gift to track and target the interests of the Member in order to enhance his or her experience on psychicgift.co.uk. Of course, if the Member shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Member's communications with Advisors and psychicgift.co.uk. Psychic Gift may use the information furnished by the Member, as well as information that it collects regarding use patterns and transactions that are conducted through psychicgift.co.uk, in order to improve psychicgift.co.uk, to analyze statistical information regarding psychicgift.co.uk, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally. Psychic Gift may from time to time send e-mail advertisements to Members, whether the material is its own or is commercial information furnished by third parties. Member is given the opportunity to 'opt-out' of having his or her information used for purposes not directly related to psychicgift.co.uk at the point when Psychic Gift asks for such information. Psychic Gift's registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Members can always choose to 'opt-out' by following the appropriate procedure from within the Member's Psychic Gift account. Ratings and testimonials provided by Members on psychicgift.co.uk are public and are identified by the Member's Screen Name. If the Member elects to use Psychic Gift's referral service for informing a friend about the Site, Psychic Gift asks the Member for the friend's name and email address. Psychic Gift will automatically send the friend a one-time email inviting them to visit the Site. Psychic Gift stores this information for the sole purpose of sending this one-time email. The friend may contact Psychic Gift at support@psychicgift.co.uk to request the removal of this information from its database. Psychic Gift reserves the right to partner with another party to provide specific services. When the Member signs up for these services, Psychic Gift will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services. Psychic Gift may assign, transfer, rent, sell or lease its database, without giving the Member any prior notice, to any other subsidiary of Psychic Gift's holding company, Psychic Gift's subsidiaries and, in any case of merger or bankruptcy to the surviving entity after such merger or bankruptcy or to any third party that will ratify Psychic Gift's privacy policy. Psychic Gift may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between Psychic Gift and the Member. In addition, Psychic Gift may disclose personally identifiable information to the Advisor or to public authorities to deal with emergency situations or situations where the Member's safety may be in jeopardy. Psychic Gift may, in its discretion, create co-branded web sites with its partners. In such case the Member listings may appear in the co-branded site. Unless Member agrees otherwise, all personally identifiable information is stored solely by Psychic Gift. Psychic Gift does record an affiliate web site from which a visitor has linked to Psychic Gift. If a visitor registers to become an Advisor and/or a Member, Psychic Gift may track the partner's name in order to further the relationships Psychic Gift has with its affiliates. If a Member wishes to update his or her personally identifiable information, such as a mailing address, or if a Member no longer desires Psychic Gift's service, Psychic Gift will endeavor to provide a way to correct, update or opt-out of any of Psychic Gift's services. This can usually be done from within the Member's Psychic Gift account, or by emailing our Customer Support at support@psychicgift.co.uk. If the Member has any questions about Psychic Gift's privacy statement, the practices of psychicgift.co.uk, or your dealings with Psychic Gift, please contact: support@psychicgift.co.uk, or call: 1-917-591-3027 (in the US). Content psychicgift.co.uk may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, psychicgift.co.uk operates bulletin boards pursuant to which Advisors may answer questions regarding various topics. Psychic Gift does not warrant the validity, accuracy, or availability of the content and Advisor advice and it will not be liable for any damages sustained due to reliance on such information or advice. The information furnished by Advisors is intended for general reference purpose only. The consultation with Advisors via psychicgift.co.uk cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Advisors. Any information on psychicgift.co.uk and information furnished by Advisors is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE LIABILITY. Links psychicgift.co.uk may contain links to web sites operated by third parties. Psychic Gift has no control over such sites and the information provided in them. The Member acknowledges and agrees that Psychic Gift is not responsible for the availability of such third party web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. The Member warrants and agrees that Psychic Gift 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 content, products or services available on or through any third party web sites. Psychic Gift encourages the Member to be aware when he or she leaves psychicgift.co.uk and to read the privacy statements of each and every web site that collects personally identifiable information. Advertisements Psychic Gift may include in psychicgift.co.uk advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser. Modifications and Termination of psychicgift.co.uk Psychic Gift reserves the right to modify or discontinue, temporarily or permanently, the services in psychicgift.co.uk, with or without notice to Member. Member agrees that Psychic Gift shall not be liable to Member or any third party for any modification or discontinuance of psychicgift.co.uk's services, or for any losses or damages that may result to Member from such discontinuation or interruption of service. Intellectual Property Psychic Gift is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in psychicgift.co.uk and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. psychicgift.co.uk contains copyrighted material, trade secrets and proprietary information owned by Psychic Gift. This Agreement does not grant 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 psychicgift.co.uk. The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of Psychic Gift. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in psychicgift.co.uk. The Member may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Psychic Gift's and psychicgift.co.uk, or take any other action that infringes upon or impairs Psychic Gift's trademark rights. Copyright Policy: Psychic Gift respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Psychic Gift's Copyright Agent the following information:
Psychic Gift's Copyright Agent for Notice of claims of copyright infringement can be reached as follows: copyright@psychicgift.co.uk Limited License Psychic Gift grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement. Disclaimer of Warranty and Limitation of Liability THE MEMBER ACKNOWLEDGES AND AGREES THAT psychicgift.co.uk IS PROVIDED “AS IS”, AND THEREFORE HE WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS Psychic Gift IN RESPECT TO psychicgift.co.uk'S PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF psychicgift.co.uk IS AT THE MEMBER'S SOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Psychic Gift EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY AdvisorS. IF A MEMBER DECIDES TO RELAY INFORMATION PROVIDED BY AN Advisor FOLLOWING THE USE OF psychicgift.co.uk, HE MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS Psychic Gift, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE HE DECIDES TO RECEIVE AND/OR RELAY FURTHER. Psychic Gift WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH psychicgift.co.uk. THE SALE OR PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER'S SOLE RISK. UNDER NO CIRCUMSTANCES WILL Psychic Gift, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT. Psychic Gift, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS' AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO AdvisorS THROUGH psychicgift.co.uk IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT Psychic Gift DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN Advisor IN CONNECTION WITH PAYMENT FOR HIS SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD Psychic Gift HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. Psychic Gift 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. Interactions with Mental Health Professionals and other Advisors If a Member chooses to interact with a mental health professional (the term “mental health professional” includes, but is not limited to, psychiatrists, psychologists, therapists, counselors and social workers) on the Site, the Member relationship (as with all other Advisors) is strictly with the mental health professional and Psychic Gift is not involved in any way with the substance of that relationship or the advice or information given therein. Psychic Gift does not endorse or recommend any mental health professional or other Advisor on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional and other Advisors with the applicable state licensing Board or authorities in the Advisor’s state or country. Member acknowledges that neither the mental health professionals on the Site nor other Advisors are employees or agents of Psychic Gift and Psychic Gift assumes no responsibility for any act or omission of any mental health professional or other Advisor. Member understands and agrees that, although a mental health professional or other Advisor may have been accessed through the Site, Psychic Gift cannot predict or assess the competence of, or appropriateness for Member's needs, of the mental health professional or other Advisor. Member also understands that Member takes full responsibility for the decision to access a mental health professional or other Advisor through the Site and to continue to interact with the mental health professional or other Advisor, and that the role of Psychic Gift is strictly limited to providing access to mental health professionals and other Advisors and their services for Member's consideration. Member hereby releases and agrees to hold harmless Psychic Gift, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of mental health professionals or other Advisors accessed through the Site. The content on the Site is provided for general information purposes only and is not intended in any way to be a substitute for face-to-face professional advice. IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE
A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES. Opinions of the mental health professionals and other Advisors are solely their opinions, and not those of Psychic Gift. Psychic Gift does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information of the mental health professionals or other Advisors. Psychic Gift does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by an Advisor. Indemnification Member shall indemnify, defend and hold harmless Psychic Gift, and its employees, representatives, agents and affiliates against 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 Psychic Gift or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Advisor; or (c) any materials that Member had posted to psychicgift.co.uk or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member. Notice Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given. No Assignment Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Psychic Gift. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect. Modifications to this Agreement Psychic Gift may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement. 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 State of New York (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in New York, New York. 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 Psychic Gift and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Psychic Gift with respect to the subject matter except as set forth herein. psychicgift.co.uk services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States. 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. |
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