Terms of Use

 

Terms of use for the users (Advisors Terms of use will folow) 

site operator:

Clear Moon Trade (PTY) LTD 

2018/255892/07

If you require any more information or have any questions about our Terms of Service, please feel free to contact the site oprator by email at [email protected]

Clear Moon Trade (Pty) Ltd is a business in the South Africa Telecommunications industry

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, the site and/or its licensors own the intellectual property rights published on this website and materials used on the site Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);

  • sell, rent or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • edit or otherwise modify any material on the website;

  • redistribute material from this website - except for content specifically and expressly made available for redistribution; or

  • republish or reproduce any part of this website through the use of iframes or screen scrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the site or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without the site express written consent.

This includes:

  • scraping

  • data mining

  • data extraction

  • data harvesting

  • 'framing' (iframes)

  • Article 'Spinning'

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of the site

Restricted access

Access to certain areas of this website is restricted. the site reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. the site may change or modify this policy without notice.

If the site provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

The site may disable your user ID and password at the site sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to the site a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the site the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the site or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

the site reserves the right to edit or remove any material submitted to this website, or stored on the servers of the site , or hosted or published upon this website.

The site rights under these terms and conditions in relation to user content, the site does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. the site makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, the site does not warrant that:

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

The site will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the sitehas been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Clear Moon Trade (PTY) LTD in respect of any:

  • death or personal injury caused by the negligence of the site or its agents, employees or shareholders/owners;

  • fraud or fraudulent misrepresentation on the part of the site ; or

  • matter which it would be illegal or unlawful for the site to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, the site has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the site officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the site officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the site .

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify the site and undertake to keep the site indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the site to a third party in settlement of a claim or dispute on the advice of the site legal advisers) incurred or suffered by the site arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to the site other rights under these terms and conditions, if you breach these terms and conditions in any way, the site may take such action as the site deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

The site may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The site may transfer, sub-contract or otherwise deal with the site rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the site Privacy Policy constitute the entire agreement between you and the site in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of SOUTH AFRICA , and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of CAPE TOWN

User Terms and Conditions

These user Terms and Conditions (the “Agreement”) apply to all users (“the user/s”) who access and/or use the SA Psychics platform (the “website”) and/or calling any of the phone numbers and/or premium numbers appearing on the website (the “phone numbers”) for online advice and services (the “Advisor Platform”)

The terms of this policy as specified below are subject to future changes by the website and telephone service operator “Clear Moon Trade (PTY) LTD” (hereinafter: “the website operator”) upon its sole discretion, at any time and without prior notice to the users. Therefore, we recommend that you visit this page from time to time.

The terms specified in this policy clarify and regulate the relationship between the site operator and the premium phone numbers supplier and the users and Advisors who are listed on the website. (“the advisor/s”)

This policy, as well as the contents of the site, are stated in the masculine gender for convenience purposes only, but naturally refer also to the feminine gender, and vice versa. Moreover, everything stated in the singular number refers also to the plural, and vice versa.

SA Psychics provides an advisor platform that allows users to locate an advisor to ask questions or request advice and/or services directly from such advisor.
SA Psychics (via the advisor platform) enables a user to communicate directly with the advisor via a phone call and pay for the services purchased by the user from such advisor.

The user has to be at least 18 years of age. If you are under the age of 18, you may not use or register for the Advisor Platform or provide any personal information to us. SA Psychics reserves the right to immediately terminate any user account and delete his or her information if it believes the user is under the age of 18.

The user is solely responsible for verifying an Advisor’s identity, qualifications, credentials, biographic information, licenses held, and other information. SA Psychics is not responsible for any such verification.

The user acknowledges and agrees that Advisors are neither employees nor agents nor representatives of SA Psychics, and SA Psychics assumes no responsibility for any act or omission of any such Advisor.

The advisors are not employees or agents of SA Psychics or any of its affiliates. All Advisors are independent contractors of SA Psychics, and because they are independent contractors, SA Psychics does not control the quality, relevancy, or accuracy of any advice provided by an Advisor and does not determine whether any Advisor is qualified to provide any specific advice, whether an Advisor is categorized correctly or in the most appropriate category to provide the advice sought by a user, or whether any postings on or transmissions through the Advisor Platform by a user or an Advisor are accurate, correct, relevant, or appropriate.

ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICATION, INFORMATION, AND/OR OTHER SERVICE PROVIDED BY ANY ADVISOR IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.

The advice or information provided by attorneys, doctors, and other Advisors in fields requiring licensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting or a face-to-face physical examination. users should not rely on or make health, legal, financial, or other decisions based on advice provided by any Advisor. SA Psychics strongly recommends that a user seeking medical or mental health advice see a qualified professional in person.

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA.

The site operator and/or premium phone numbers supplier are not liable and are not a party in any type of connection between the site users and listed Advisors, and is not in any way responsible for the nature and/or quality of the Advice and/or information and/or services provided during the service. Moreover, the site operator, will not constitute a party in any future disagreement and/or conflict if such arises between the users and the listed Advisors, and will not bear any direct or indirect liability for any direct or indirect, special or consequential damage, financial or other, caused to the user due to and/or as a result of using the site and/or service or relying on information that appeared at the site and/or was given to users as part of the telephonic service. Therefore the user and/or the telephonic service user will have no claims and/or demands and/or future claims towards the site operator and/or premium phone numbers supplier.

The site operator and the premium phone numbers supplier will act to maintain the telephonic service and website proper activity, but do not in any way guarantee that there will be no malfunction and/or failure and/or fault of any kind in the activity of the telephonic service or site, or that the telephonic service is not interrupted, provided without any malfunctions or other failures, among other things, due to the service’s dependency upon external communication systems and external suppliers. In any case, the user will not be compensated for such malfunctions and/or interruptions.

The site operator may temporarily or finally, partly or fully cease the activity of the site and/or telephonic service upon their sole discretion, at any time and without any cause. Such cessation or ending will not obligate the site operators towards the users in any way and the users will not raise any claims towards the site operator due to the activity cessation or ending as mentioned.

The site operator will act by all reasonable means to maintain discretion during the telephone calls but are unable to guarantee the hermetic prevention of unauthorized intrusions into the communication system and/or use by third parties that are prohibited by Law. Therefore the site operator will not bear any direct or indirect liability for any use or revealing of any information given by the users in the system, directly or indirectly.

The site operator reserve the right to refuse providing the service offered at the site and/or telephonic service to anyone, upon their sole discretion, without any cause or justification.

Costs, Talk Bundles, Refunds policy

The cost for the advice services will be according to the prices appearing on the website and/or announced at the beginning of the calls, the charge will be made through the user mobile company bill and/or telephone bill and/or other charges of credit or debit card.

Subject to availability and receipt of payment, requests of talk bundles will be processed immediately according to Terms of Service

Free trial calls to the advisors are given on a normal landline number (landline rates will apply)
The site operator reserve the right to charge and/or not charge for the service and determine the amount of payment from anyone they choose, without any cause and at any time.

All interactions between the user and the Advisors will be billed through the Advisor Platform and/ or via the phone numbers appearing on the website regardless of whether the interaction is online or offline.

You agree to abide by the pricing terms agreed upon with an Advisor while using the Advisor Platform and to pay to SA Psychics all fees for services rendered to you by Advisors.
Calls and talk bundles are charged from the first moment of the telephone system’s reply.
It is hereby clarified that the user will be charged even in cases where no telephone service is received from one of the listed Advisors he/she requested during his/her stay in the site / telephonic system, for any reason, including the user did not reach the chosen call destination, the destination/advisor is unavailable, a transfer was made to another advisor, there are no available Advisors at the moment or in the site or telephonic service destination pool, a communication interruption occurred, which does not depend on The site operator.

payment for purchases of talk bundles will be fully charged even if the talk bundle minutes are not used or gully used by the user.

The telephonic service user hereby declares that the line he was using to receive the service is fully owned by him or that he received an explicit approval for receiving the service from the line owner. In any case, The site operator is not obligated to reimburse the owner of the telephone line, from which the telephone call was made to receive the telephonic service, and the line owner bears the full cost of the service.
SA Psychics may, at its sole discretion, choose to refund a payment made by a user in certain limited circumstances.
 
Payment options accepted
 

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Clear Moon Trade (Pty) Ltd bank account, the details of which will be provided on request.

Card acquiring and security

Card transactions will be acquired for Clear Moon Trade (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by Clear Moon Trade (Pty) Ltd separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

Clear Moon Trade (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

The website operator will occasionally send marketing/communications calls and /or marketing/communications SMS’s to the users who were active on the website or who took part in one of the company's services and/or to the users who called any of the company’s services numbers in the past. You may opt-out from all marketing communication by contacting us.
By accessing and/or using SA Psychics, you represent, warrant, and agree to the following:

You are at least 18 years of age. If you are under the age of 18, you may not use or register for the Advisor Platform or provide any personal information to us. SA Psychics reserves the right to immediately terminate any user account and delete his or her information if it believes the user is under the age of 18.

The information you submit in your registration form is true, accurate, and complete, and you will maintain and update this information during the term of this Agreement so that it remains true, accurate, current, and complete.

You will not undermine, disrupt, or manipulate the integrity of the user feedback rating system on the Advisor Platform. SA Psychics may, without notice, remove old ratings or exclude ratings which SA Psychics in its sole discretion believes compromises the integrity of the user feedback rating system.

You will not interfere with or disrupt any SA Psychics servers, networks, or equipment in connection with the Advisor Platform.

You will not attempt to gain unauthorized access to any computer system or network connected to the Advisor Platform.

You will not transmit, upload, email, post, or otherwise make available through the Advisor Platform: (a) any junk mail, spam, or unsolicited email or bulletin board postings;  (b) any unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind; (c) any information or material that infringes a third-party right, including but not limited to intellectual property rights and/or privacy rights; (d) any software viruses, Trojan horses, worms, or any other malicious application or code; or (d) any information or material which may constitute or encourage conduct that is a criminal offense, a civil wrong, or otherwise violates any applicable law.

You will not violate any applicable laws, rules, regulations, or ethical codes.
SA Psychics enables the transfer of files between users and Advisors.  When opening such file attachment, it is your responsibility to scan the files with an anti-virus software application.

You will not impersonate any person or entity or make any false statement regarding your employment or affiliation with any person or entity.

You will not stalk, threaten, or harass any Advisor or user or infringe on or attempt to infringe on their privacy.

SA Psychics may choose to review the user’s personal profile and amend any typing or spelling errors.

SA Psychics may, in its sole discretion, (i) refuse to post or transmit; or (ii) remove any content uploaded by the user.

SA Psychics may disclose user information, including, but not limited to, personal information, transcripts, surveys, and recordings, if SA Psychics reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority; (ii) would potentially mitigate SA Psychics liability in an actual or potential lawsuit; (iii) is necessary or appropriate to protect SA Psychics rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring the payment of fees by users), or (v) is necessary to deter illegal behavior (including, but not limited to, fraud).
Your Information. You hereby grant SA Psychics  an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver, or receive via the Advisor Platform.

The Advisor Platform, or a portion thereof, may also be made available via third-party websites.  If you have accessed the Advisor Platform, or any portion thereof, via a third-party website, such
use may be subject to terms and conditions imposed by such third party. SA Psychics is is not responsible for any terms, conditions, policies, acts, or omissions, of any such third parties.

The intellectual property and copyright of SA Psychics website service, including any display and/or information and/or software as defined by Law, including trademarks, graphic design, graphic icons and trade secrets, belong only to the site operator. Duplicating and/or copying and/or distributing and/or advertising and/or any other action upon the contents presented throughout the site and service are strictly prohibited without an explicit prior written approval from the site operator. the site operator will consider as serious any violation of its property rights as specified above and/or those of anyone acting on its behalf and/or in its name, and reserves the right to act toward the violating and/or damaging party upon its sole discretion.

The user is hereby obligated to not violate the State/ provincial laws in any way or form during the calls to service providers, including as pertains to property rights, slander, copyright, trademarks, materials that cause damage to another person or compromise their privacy, or any material that compromises or may compromise public feelings, according to the meanings of the Consumer Protection Act.

Moreover, he/she is hereby obligated to compensate the site operator and/or anyone acting on their behalf or in their name for any damage, loss of profit, loss, expense or any payment, including legal expenses and/or attorney’s fees due to any type of violation of this policy/act.

The relevant place of jurisdiction for this policy is at the authorized courts of Law in South Africa only. The Laws of South Africa will be the only ones that apply to the use of the website and/or advisor services and/or telephonic service. any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Cape Town.

Advisors Terms of use

These Advisor Terms and Conditions (the “Agreement”) apply to all users (“you” or “Advisor”) who access and/or use the SA Psychics platform (the “Site”) operating by Clear Moon Trade (PTY) LTD (the “site provider”) as an advisor to provide online advice and services (the “Advisor Platform”).

Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS BEING PROVIDED FOR USE AS IS. THE USE OF THE SITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. THE SITE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS USERS.

What is SA Psychics?

 SA Psychics provides an advisor platform that allows an Advisor to present his or her expertise and sell advice or services to interested users. SA Psychics, via the advisor platform, enables users to communicate with the Advisors and for Advisors to receive payments from SA Psychics.

 If you decide to provide your services through the use of the Site, you must exercise a reasonable standard of care, at least the same as a professional advisor would in a similar transaction not conducted through the phone or internet.

 You shall not have any plea, claim or demand against the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any services you provide in connection with the use of the Site. The Site Provider will not be deemed the provider or recipient of any services acquired through the Site. The sale or purchase of services is accordingly at your sole and entire risk.

 Under no circumstances will the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any Advisor for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage)

 You acknowledge and agree that the Site Provider disclaims any liability with respect to any claim, suit or action brought by a user in connection with the provision of any services by you (including, without limitation, representations by you as to your qualifications and advice) through the Site.

 SA Psychics does not control the accuracy of any postings on or transmissions through the Advisor Platform by users. SA Psychics also takes no responsibility for verifying the identity of any of its users. Therefore, you are encouraged to independently verify the details and creditworthiness of users to whom you give or contemplate giving advice.

Relationship of the Parties

Advisors are independent contractors of SA Psychics, and nothing in this Agreement shall be construed to create any association, partnership, joint venture, employee, or agency relationship between an advisor and SA Psychics for any purpose. 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 in this Agreement or authorized in writing by the party to be bound.

 As independent contractors, Advisors shall not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by SA Psychics to its employees. SA Psychics shall not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining worker's compensation insurance on advisors’ behalf. As an independent contractor, each Advisor shall be independently and solely responsible for any income, sales and use, or other tax which Advisor may be or become obligated to pay by virtue of Advisor’s receipt of any fees or other remuneration. Advisors shall be responsible for, and shall indemnify SA Psychics against all such taxes or contributions including penalties and interest.

Privacy

You are responsible for maintaining the confidentiality of your password, username, personal phone number and any other security information related to your account.

You are fully responsible for all activities that occur under your account.

Privacy Policy.  By accessing and/or using the Advisor Platform, you agree to the terms of SA Psychics Privacy Policy

Permitted Disclosures.

SA Psychics may disclose Advisor information, including, but not limited to, personal information, transcripts, surveys, and recordings, if SA Psychics reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority; (ii) would potentially mitigate SA Psychics’s liability in an actual or potential lawsuit; (iii) is necessary or appropriate to protect SA Psychics’s rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement; or (v) is necessary to deter illegal behavior (including, but not limited to, fraud).

Your Information.

SA Psychics may review any Advisor’s profile and amend any typing or spelling errors.  SA Psychics takes no responsibility for evaluating or verifying the truthfulness or accuracy of the information contained in an Advisor’s profile; an Advisor’s credentials or qualifications; or an Advisor’s postings or transmissions. SA Psychics may, in its sole discretion, remove or refuse to post or transmit any content uploaded by an Advisor.  Each Advisor is responsible for all risks associated with uploading and transmitting material through the Advisor Platform, including its accuracy, reliability, and legality. You hereby grant SA Psychics an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver, or receive via the Advisor Platform.

Modifications to and Termination of Service

SA Psychics may modify or discontinue, temporarily or permanently, any part of the Advisor Platform, with or without notice to Advisor without liability to Advisor or any third party. SA Psychics, in its sole discretion and for any reason, may terminate Advisor’s participation in the Advisor Platform and refuse any and all current or future use by Advisor of the Advisor Platform.

You may terminate this Agreement at any time by sending a signed notice to SA Psychics. SA Psychics will make reasonable efforts to invalidate your username and password within 30 days of receiving your notice.

Fees

All interactions between Advisors and the site users will be billed through the Advisor Platform, regardless of whether the interaction is online or offline.

SA Psychics will use reasonable efforts to process each user’s chosen payment method for the amount agreed/presented on the site.

Payment to the advisors will be calculated on a “per minute billing” i.e The advisor will get RX per talk time minute with a client.

SA Psychics may modify the fees at any time without prior notice but will use reasonable efforts to provide advance notice.

Within 30 days following the end of each month, SA Psychics will deliver payment of the advisor fee. You are solely responsible for reporting and paying any applicable tax or tariffs in connection with fees receivable or received from SA Psychics.

Notwithstanding the above, SA Psychics may withhold, in its discretion, amounts paid by users by credit/debit card until adequate time has passed to ensure that the payment will not be disputed or charged back or, if SA Psychics reasonably believes that fraud may have occurred in connection with payment, until SA Psychics is able to verify that no fraud has occurred. If a user has not paid or has later charged back payment, no advisor fee will be paid to you for that transaction and if payment had already been made to you, you are required to prepay this amount immediately to SA Psychics, and SA Psychics may deduct this amount from your account or from future payments.  If you simultaneously participate as a user, SA Psychics may transfer or set off payments from your pending earnings as an Advisor to your outstanding balance as a user.

SA Psychics billing system is not error-free, and SA Psychics shall not be liable for any miscalculations or malfunctions in processing payments. If you think a mistake has occurred, you must submit a complaint to SA Psychics’s service department within 90 days of any such payment. You hereby agree that any disputes raised after 90 days of a payment will not be valid and will not be considered by SA Psychics.

Acceptable Use

By accessing and/or using the Advisor Platform, you represent, warrant, and agree to the following:

  • You are at least 18 years of age. If you are under the age of 18, you may not use or register for the Advisor Platform or provide any personal information to us. SA Psychics reserves the right to immediately terminate any user account and delete his or her information if it believes the user is under the age of 18.

  • You will not provide or attempt to provide any service or advice that you are not qualified to provide, including legal or medical advice or other advice/information which may only be lawfully provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship.

  • If you are a medical professional or advisor:

    • You will not engage in the practice of medicine or enter into a physician-patient relationship with any user through the Advisor Platform or prescribe or dispense any medications. You will advise users that your advice is for informational purposes only and is not a substitute for the advice of a physician after a physical examination and will recommend that users seek an in-person examination from a physician.  Accordingly, you will not provide advice or information that requires an in-person physical examination of a user.

    • You may provide advice or information only about non-emergency matters.  For emergency matters, you will instruct the user to immediately call their local emergency assistance.

  • You will not provide advice regarding purchasing or selling securities or any report or analysis concerning securities or any product or services related to lotteries.

  • You will not engage in conduct that is harmful, unethical, fraudulent, deceptive, misleading, or offensive.

  • You will provide services to users only through the Advisor Platform and will not exchange personal contact information with users.

  • You will not take actions which may manipulate the integrity of the user feedback rating system.

  • You will comply with all applicable laws, rules, regulations, and ethical codes.

  • You will not stalk, threaten, or harass others or attempt to invade their privacy.

  • You will not disclose information that was provided to you by a user.

  • You will not transmit through the Advisor Platform: (a) any information or material that infringes a third-party right; (b) any third-party advertisements; (c) software viruses, Trojan horses, worms, or any other malicious application; (d) any information or material which may encourage conduct that is a criminal offense, a civil wrong, or otherwise violates any applicable law; (e) any content that is unlawful, harassing, threatening, vulgar, racist, harmful, or otherwise objectionable; (f) any unsolicited mass distribution of email or bulletin board postings.

  • You will not interfere with, disrupt, or attempt to gain unauthorized access to the Advisor Platform or its related servers or networks or operate robots or spiders to scan the Advisor Platform.

  • You may use deep linking only to your own personal web page within the Advisor Platform.

  • You may not view the Advisor Platform with a graphic user interface different from the one provided by the Advisor Platform.

Co-Branded Websites and Links

The Site may contain links to Websites operated by third parties. The Site Provider has no control over such sites and the information provided in them. You acknowledge and agree that the Site Provider is not responsible for the availability of such third party Websites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. You warrant and agree that the Site Provider 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 Websites.

Advisor and user Communications

The Site Provider is not responsible for screening or editing the content of communications between Advisors and users, but the Site Provider may screen, copy, transmit and review all communications conducted by or through the Site for technical support and/or in order to uphold the terms of this Agreement. All communications between Advisors and users are NOT encrypted and thus may be subject to unauthorized interception and monitoring.

Intellectual Property Rights

The Site contains copyrighted material, trade secrets and proprietary information owned by the Site Provider, in particular the copyright, trademarks, database and patents, in the Site and in any software, application, graphics, text and other materials used therein, The Site Provider grants you a nonexclusive, revocable right to use the Site provided that you do not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.

This Agreement does not grant you 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 the Site. You may not create derivative software based upon any trade secret, intellectual property or proprietary information of the Site or the Site Provider. Furthermore, you may not sub-license, assign or transfer, sell or make any other commercial use of your membership in the Site.

You may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of the Site Provider or the Site, or take any other action which infringes or impairs the Site Provider’s trademark rights.

Miscellaneous

The Site may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Advisor Platform or Sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the Advisor Platform. The date of receipt shall be deemed the date on which such notice is given.

You shall not assign your rights or obligations pursuant to this Agreement without the prior, written consent of Company.

This Agreement shall be interpreted only in accordance with the laws of South Africa, and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Cape Town. 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 Company and user with respect to the subject matter hereof, and the user has not relied upon any promises or representations by Company with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law from entering into trade relations with the United States are not permitted to use or access the Advisor Platform or the Sites.

No amendment to this Agreement will be effective unless made in writing. 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.

The Site Provider may change this Agreement by posting modifications on the Site. Unless otherwise specified by the Site Provider, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. By using the Site after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you may terminate this Agreement as set forth above.