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Terms and Conditions for Use and Sales
Contents :
1. Our web site
2. Customer information
3. Website Privacy Policy
4. Our Forum
5. E-boutique
6. Product Pricing and Title
7. Your Order
8. Cancellation Rights, Returns and Refunds
9. Customer Complaints
10. No Warranty
11. Limitation of Liability
12. Events outside our control
13. Licence
14. Copyright
15. Reasonably Foreseeable Losses
16. Severability
17. Waiver
18. Entire Terms & Conditions
19. Jurisdiction
20. The Company
1. OUR WEBSITE
Your use of this website www.psychics-solutions.com and any service contained within constitutes acceptance of these Terms & Conditions.
2. CUSTOMER INFORMATION
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults (18 years old and above). The material on the site is for the private, non-commercial enjoyment of the Client only.
3. WEBSITE PRIVACY POLICY
3.1 Shape72 Ltd. complies with the principles of the Data Protection Act 1998 when dealing with all data received from visitors to the site.
3.2 We only hold the data necessary to offer services provided on our website.
3.3 Data is only used for the purposes described in our entry on the Data Protection Register.
3.4 We only hold personal data for as long as necessary. Once data is no longer needed it is deleted from our files.
3.5 For administrative reasons data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area).
3.6 We regularly email website news and information updates to those customers who have specifically subscribed to our email service (Newsletter & Horoscopes). All subscription emails sent by us contain clear information on how to unsubscribe from our email service.
3.7 We never sell, rent or exchange mailing lists.
3.8 We may however share commercial and technical data with our partners where a customer has accessed and used our website via a site belonging to one of our partners. However, such information will also be subject to our partners’ privacy policies.
3.9 If you subscribe to our email service via a partner site, that partner may wish to send you details via email of other products and services, which may be of interest to you. However when you subscribe directly to our email service you will be asked whether or not you wish to receive such emails.
3.10 Please note that we only share data with partners that operate their own privacy policy.
3.11 In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.
3.12 We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.
3.13 All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.
3.14 Our website uses "cookies" to track use and allow customers to purchase from our website. Please note that these cookies do not contain or pass any personal, confidential or financial information or any other information that could be used to identify individual visitors or customers purchasing from our website. Please note that you are free to refuse cookies. However, for purely technical reasons this may prevent you from purchasing from our website. This is because anonymous cookies are commonly used to keep track of the contents of customers’ shopping baskets or trolleys during the checkout process. This facility ensures that the items added to (or removed from) your basket are accurately stated when you go to pay.
3.15 We use your IP Address to help diagnose problems with our server, to administer our web site, and to track trends and statistics.
3.16 Demographic and profile data, as well as your registration data (i.e., e-mail address, gender, and password) is used to personalize our service to your interests and to deliver personalized information to you. For example, we may decide to use personally identifiable and non-personally identifiable information for internal marketing purposes, for trend analysis, to better understand patterns of usage, and for site administration.
3.17 Due to the existing legal regulatory and security environment, we cannot fully ensure that your private communications and other personally identifiable information will not be disclosed to third parties under certain circumstances.
For example, we may be forced to disclose information to the government or third parties under court order, subpoena, or other circumstances, or third parties may unlawfully intercept or access transmissions or private communications.
Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can (and you authorize us to do so) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate.
In instances where we ask for your personally identifiable information and you are notified that the information we are collecting on that page will be shared with third parties, and in cases where you opt-in to share your information with third parties, those disclosures and opt-ins will override anything to the contrary in this privacy policy.
3.18 Our web site contains links to other web sites. Shape72 is not responsible for the privacy practices or the content of such other web sites.
3.19 We have implemented and follow reasonable industry standard technical and procedural measures to protect against unauthorized access and use of your personal information. However, you should know that neither we nor any other web site can fully eliminate these risks.
If you have any questions relating to our Privacy Policy please email us at contact@psychics-solutions.com.
4. OUR FORUM
Your use of this Forum and any service contained within constitutes acceptance by you of these Terms & Conditions.
4.1 Eligibility
You must be a minimum age of 18 to register on and use the Forum. By registering and using the Forum you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
4.2 Registration
4.2.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
4.2.2 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
4.3 Specific Forum Rules
4.3.1 As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Use data provided by other users for purposes other than contacting them via the Forum.
5. Contact other users in ways they may find inappropriate.
6. Encourage illegal activity or activity that violates the rights of other Forum users or third parties, whether individuals or organisations.
7. Supply or post Content calculated to deliberately mislead other users or third parties, including Content falsely made to appear from or be endorsed by us.
8. To pose as another user, third party or organisation or Shape72 Ltd. employee for the purposes of obtaining user or third party information.
9. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
10. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
11. Reframe or repurpose the Forum or any Content on it or remove or obscure any notices or advertising provided by us on the Forum.
12. Load or provide access to Content on the Forum or link to other content from the Forum, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
13. Make commercial posts or comment spam or attempt to disguise such spam as Content.
14. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
15. Use any robot, spider, scraper or other technical means to access the Forum or Content on the Forum.
4.3.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Forum. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
4.3.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) Content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.
4.4 Content Ownership
4.4.1 As a user you retain all ownership rights to Content provided by you.
4.4.2 By submitting, posting or displaying your Content on the Forum you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such Content on the Forum. This allows us to place your Content on the Forum and let all users, whether registered or not to view your Content. It also allows us to compress or alter the size of any files you may post onto the Forum to ensure that they can be readily displayed for other users.
4.4.3 This licence is also royalty-free, which means that the Content is provided free of charge to us and we will not pay for the Content or account for any advertising revenue generated on the Forum or on any specific Content pages.
4.4.4 This licence also applies worldwide because the Forum can be accessed from anywhere in the world, at any time.
4.4.5 Also as part of the licence you warrant that any Content provided by you does not belong to a third party whose rights have been violated by the Content being posted on to the Forum. Furthermore if any Content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.
4.5 Copyrighted Material
4.5.1 We do not condone or encourage in any way the posting of copyrighted or proprietary Content or information by any users who are not the legal owners of such Content.
4.5.2 Where notified of such breaches by the owner of such Content we will remove the Content from the Forum as soon as practicable. But only where we can reasonably ascertain the true owner of such Content.
4.5.3 If as the owner of such Content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
4.6 Content Monitoring
Users can freely add Content to the Forum. We do not monitor or assume any responsibility for Content posted to the Forum. If at any time we decide to monitor the Forum on any occasion it does not mean that we assume responsibility for removing any Content or the conduct of any users.
4.7 Termination
4.7.1 We may terminate your user account and all Content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time and are free to remove any Content you have created on termination.
4.7.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 4.4 and 12.
4.8 Access
We take all reasonable steps to ensure that the Forum is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the Forum is unavailable for any other reason, whether within or outside our direct control.
4.9 Disclaimer
4.9.1 We are not responsible for the accuracy of any Content on the Forum, nor any advertisements placed on the Forum.
4.9.2 We are not responsible for any links to third party websites from the Forum and the inclusion of any link does not imply an endorsement of a third party website by us.
4.10 Limitation of Liability
We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.
4.11 Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Forum or any other service provided by us.
4.12 Privacy
Use of the Forum is also governed by our Privacy Policy (see 3.), which is incorporated into these Terms & Conditions by this reference.
5. E-BOUTIQUE
5.1 General
In these terms and conditions “we” and “us” mean Psychic’s Solutions e-boutique and “you” means you the customer. These terms and conditions together with your Command Confirmation constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply.
5.2 Before placing your order
To place an order you must be 18 years old or over and understand the use of products that are available for purchase through our website.
Before placing an order, make sure you have read the full description of the product. If you have any doubts or questions as for its characteristics please contact the Customer’s Service.
5.3 Purchase
As soon as your payment is validated we will notify you by issuing a Purchase Confirmation that you will receive by e-mail. Once confirmed your command cannot be cancelled.
5.4 Prices
The price of the product including VTA is the one stated on the website.
The shipping costs are payable by you as indicated on your invoice.
Except clearly notified sales periods, no discount will be administered. When reduced, the priced will be clearly marked in red.
5.5 Paying for your products
You may pay for your products by the methods of payment as may be displayed on the payment paragraph (Visa, Mastercard, Paypal) but in the currency indicated on your invoice.
When confirming your purchase you will be headed to RBS page to supply your credit card details and to confirm the payment. This means that your bank information neither appears, nor is saved on any of our servers and your payment is absolutely secure.
5.6 Delivery of your products
Your products will be delivered to the address you provided in “Delivery Address” gap and will not be dispatched on week-ends or holidays. The delays indicated on your Purchase Confirmation the estimated ones and do not equate to the reception deadlines.
Title to risk of loss in your Products will pass to you on delivery of the Products.
Upon delivery of the Products we will send you an e-mail confirming the shipment. All of the items are dispatched by our National Post Office and once they have entered the postal system we decline all responsibility for their loss or damage.
5.7 Returns and refunds
If you are not satisfied with any Product you have purchased from us you may return it to obtain a refund of the price of the Product and the shipping costs. In this case you must return the Product within 7 days after it was received. The Product must be in its original condition and you may not obtain a refund for a Product if you have commenced its use.
We will only refund the return postal charges if a product was supplied in error.
Please note that we make sure all the items are in perfect condition before delivering and while the Product remains in your possession you are under a duty to ensure that it’s kept safe and secure.
5.8 Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control.
Note that we cannot be held responsible if you do not follow the using instructions supplied with the product or described on the website.
5.9 Disagreements
We will try to solve any disagreement quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within United Kingdom and the laws of United Kingdom will apply.
6. PRODUCT PRICING AND TITLE
6.1 Introduction
We make every effort to ensure that the pricing displayed on our website is correct.
6.2 Automatic billing
The software used for billing and for overseeing Third Party secured payment by Credit Cards (Royal Bank of Scotland’s WorldPay system) automatically updates all the web site pages. The table holding the various pricings is available below (6.5).
6.3 Changes of pricing
We reserve the right to alter all products pricing without notice.
6.4 Title of products
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
6.5. Pricings
The subscriptions and onsite services prices are as below :
6.5.1. Subscriptions :
- One day trial subscription : $1.00 or 1.00£;
- One month regular subscription : 39.99$ or 25.00£;
- Three months regular subscription : $99.99 or 62.00£.
6.5.2. Prices for Members :
- Email consultation: $20.00 or 12.00£;
- Public chat: free;
- Private chat: between $2 and $6 per minute or between 1.2£ and 3.6£ per minute, minus Happy Hours(50% discount). See the private chat pages of the members' section for individual prices;
- Workshops : $180.00 or 111.00£ each (10 hours worth subdivided into 5 two hours sessions)
- Personal analyses : $50.00 or 31.00£ each (detailed 25 pages personal analysis).
Members' privileges:
- 5 Shapies ($ 10) offered each month to use with any of our Psychics;
- Unlimited free video chat readings;
- Free Aura-Soma consultations (seen nowhere else);
- Access to Development Circles with our world renowned Psychics;
- Up to more than 20% discount on our services;
- Happy Hours in Private Readings: consult 20 minutes and pay for 10!
+ many more free services such as Tarot readings, I Ching, Feng Shui …
6.5.3. Prices for non members: [non members have access to only two services: email consultations and private chat]
- Email consultation: $40.00 or 28.00£;
- Private chat: between $2 and $6 per minute or between 1.2£ and 3.6£ per minute. See the private chat pages of the members' section for individual prices.
6.6 Shapies
The currency used on Psychics Solutions is “SHAPIES”. The rate of the Shapie is 1 Shapie for $2 or £1.20. Psychics Solutions reserves the right to change the value of their currency without any notice.
Clients are invited to change their money into Shapies prior to using our services. Shapies are only accessible to members as using our currency will entitle them to discount prices up to 5%.
Members can easily change their money into Shapies at any time directly on the website but it is brought to their attention that Psychics Solutions will not refund any Shapie that hasn’t been used before the end of a membership period.
6.7 Membership renewal.
The one month regular membership is automatically renewed unless the member cancels on site his membership at least six (6) hours before the end of the period.
The one day trial membership is automatically renewed into a one month regular membership unless the user cancels on site his membership before the end of the 24th hour following his subscription.
7. YOUR ORDER
7.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
7.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
7.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
7.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
7.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
8. CANCELLATION RIGHTS, RETURNS AND REFUNDS
8.1 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used the service provided. All our consultations, public or private, belong to this type of goods. The right of withdrawal may no longer be exercised once the Member has accessed the Services concerned.
8.2 Though an email consultation must be sent back to you within 2 working days, the consultant starts working on it immediately after you validate on site your question. This means that even in this case the service provided is deemed used.
8.3 As stated above notification of cancellation must be in writing via an email, a telephone call or a letter is not a valid cancellation and is not fast enough. The only way to cancel an email consultation would be to write by email within the hour following on the order.
8.4 Subject to the above, we will refund the purchase price of a cancelled email consultation within thirty days of receiving written notification of your intention to get a refund.
8.5 Legitimate charge backs only occur:
- if you suspect your card has been used fraudulently,
- if the goods and services you bought with your card are faulty,
- if they do not materialise.
Please do not "Charge back" your purchases from www.psychics-solutions.com . If you had problems with your connection during a private reading or were otherwise dissatisfied, first of all contact our Customers department at customers@psychics-solutions.com and someone will assist you.
Failure to do so and the act of Charging Back will only result in the matter being turned over to the proper authorities for collection. This is a business and while you may not be able to hold what you purchased, the laws see it as a purchase none the less. Chargeback’s can hurt your credit and ability to make additional purchases here and at other websites in the future.
If you think you can purchase services, charge back, and do it again or commit credit card fraud without negative consequences you are wrong.
Shape72 Ltd. works with ISPs and Legal Agencies around the world and prosecutes in all instances of Credit Card & Check fraud as well as Identity Theft.
9. CUSTOMER COMPLAINTS
We endeavour to respond to all customer complaints or queries within five working days. Customer complaints are received via the email form available in the members’ section of the web site. Legitimate emails will be coming from customers@psychics-solutions.com.
10. NO WARRANTY
You understand and agree that :
a) The services are provided “as-is”. Shape72 Ltd. assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any member communications or personalization settings;
b) In particular, but not by way of limitation, Shape72 Ltd. may delete e-mail accounts or the information therein if the account is inactive for greater than ninety (90) days;
c) Use of the services is at your sole risk; and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and / or data;
d) Shape72 Ltd. disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non infringement and it makes no warranty or representation regarding the results that may be obtained from the use of content or services, the accuracy or reliability of any content obtained through the services, any goods or services purchased or obtained through Shape72 Ltd’s site or that the services will meet your requirements, be uninterrupted, timely, secure or error free. No advice or information, whether oral or written, obtained by member from Shape72 Ltd. or through the services shall create any warranty.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. LIMITATION OF LIABILITY
Shape72 Ltd. will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind, including but not limited to damages for loss of profits, resulting from:
a) the use of or the inability to use the services ;
b) any goods or services purchased or obtained through Shape72 Ltd’s site, or messages received or transactions entered into through Shape72 services; c) loss of, unauthorized access to or alteration of a user’s transmissions or data or;
d) for the cost of procurement of substitute goods and services,
even if Shape72 had been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
12. EVENTS OUTSIDE OUR CONTROL
Shape72 Ltd. shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
13. LICENCE
13.1 Shape72 Ltd. grants you a licence to access the content, information and services contained within our website for personal use only.
13.2 This licence allows you to download and cache (using your browser) individual pages from our website.
13.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
13.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
13.5 Our website cannot be placed within the frame-set of another site.
13.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
13.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
14. COPYWRIGHT
14.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Shape72 Ltd, unless expressly acknowledged as otherwise.
14.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
15. REASONABLY FORESEEABLE LOSSES
15.1 Shape72 Ltd. will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
15.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
15.3 Shape72 Ltd. does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
16. SEVERABILITY
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
17. WAIVER
Failure by Shape72 Ltd. to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
18. ENTIRE TERMS AND CONDITIONS
These Terms & Conditions set out the entire agreement and understanding between you and Shape72 Ltd.. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.
19. JURISDICTION
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Your statutory rights are unaffected.
20. THE COMPANY
Shape72’s Internet system offers a platform of on-line advice and professional consulting services.
20.1 Quality of service
The company regulations follow established standards about Quality Management Processes, and emphasizes team work amongst its Departments for the best customers service possible.
20.2. Green IT
It refers to environmentally sustainable computing or IT. The company takes into account recyclability and biodegradability in its equipment strategy, and is attentive to ways to reduce its ecological impact in daily office work (e.g. systematic use of recyclable materials).
20.3 Involvement with the WWF
WWF has been chosen because it is a non-political association, with no racial discrimination nor policies of personal gain, and because their only objective is to make man aware of the fact he is ruining his planet and that there is an urgent need to help protect endangered species in their habitats around the world.
Shape72 donates part of its earnings to the WWF so as to have a positive effect on the coming generations by participating in the education of all in protecting and improving our planet. For each full one month membership $1.00 or 0.60£ is transferred to WWF.
Our contact details are as follows:
Shape72 Ltd., Suite 301, Linen Hall, 162-168 Regent Street, London W1B 5TD, England, United Kingdom.
Email: contacts@shape72.com or customers@psychics-solutions.com
Telephone
International: +33 (0)4 92 28 72 12
Fax
International: +33 (0)4 92 28 70 00
Company registration number: 6920302