Terms of use

DISCLAIMER & TERMS OF USE

22nd May 2020

PTV Australia’s terms of use of our service are outlined below. By engaging with our service we assume that you have read and understood our terms of use carefully before using this site, as they affect your legal rights and obligations, including, but not limited to, waivers of rights, dispute resolution, limitation of liability, and your indemnity to us.

Welcome to Psychic TV Australia. PTV Australia provides psychic and astrological entertainment services, including providing live psychic and astrology services, and publishing newsletters, blogs, horoscopes and other psychic and astrological content.
Your use of the services and Psychic TV site www.ptvaustralia.com.au and applications, including, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the sites and related materials, is governed by these terms and conditions of use and is subject to arbitration.

You must be eighteen (18) years of age or older to open an account and receive psychic readings and related services. All purchases of services using credit cards, debit cards, PayPal accounts, or other payment mechanisms shall only be made by the card or account holder.

Psychic TV Australia’s intention as a company “PTV Communications” is to benefit your outlook on life. Our psychics make every effort to provide you with helpful advice. However, this information should not be used in place of any recommendations by medical, legal or financial professionals or other professional counsellors, other than the counsellors mentioned within our team that hold professional qualifications in the particular field outlined in their profile. It is your responsibility to evaluate any information, opinion, advice or other content provided through the sites or in conjunction with the services.

Acceptance of our terms of use

By visiting and using the sites or services, at www.ptvaustralia.com.au you acknowledge that you have read the Terms of Use and that you accept and agree, without limitation or qualification, to be bound by the terms hereof. If you do not wish to accept PTV Australia’s terms of use, please call our customer care line immediately on: 1300057061. PTV Australia reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your continued access to and use of the sites and/or services will be deemed to be your acceptance of and agreement to any such changed terms and conditions. If you do not wish to be bound to these Terms of Use (or any revisions to these Terms of Use), you must discontinue use of the sites and the services and immediately cancel your Account.

Payment and Charges

By purchasing a reading with PTV Australia you agree to pay for all services, including readings, purchased using your Account. Charges for readings are calculated based on full-minute increments, and the length of a reading is rounded up to the next full-minute at the end of each reading.

Disclaimer – monitoring of usage of our service

PTV Australia – the company nor any of its psychics, advisors or affiliates has any responsibility or obligation to notify you of your accumulated charges or other expenses with us. The amount of time you spend with the readers will be reflected in your charges and is solely at your own election or choice. PTV Australia does not monitor usage patterns and is under no obligation to any customer to take any action or to refrain from taking any action with respect to usage of the sites or services.

Recording and Retention of Readings

You agree that you will not use any audio recording or retention devices/technology in connection with readings, and you will not otherwise make any recordings, copies, scans, or transcriptions of readings, including readings by phone, at anytime.

PTV Australia DISCLAIMER: It is important that you understand the laws and regulations within your country before engaging with our services.

Information provided through our services, on the sites, and in other PTV Australia materials, including, but not limited to, information provided in newsletters, horoscopes, and readings, is for entertainment purposes only. Information from the company or its affiliates or their employees or contractors, including, but not limited to, the readers, is not intended to be a substitute for any professional advice, including, but not limited to, (a) professional medical advice, diagnosis, or treatment, (b) professional financial or investment advice or guidance, or (c) professional legal advice. Never disregard or delay seeking professional medical advice or other professional advice because of something you have heard or read on the sites or information received through PTV Australia. The Company is not engaged in the practice of medicine or law and does not recommend or endorse any specific products, procedures, treatments, medications, opinions, or other information that may be mentioned, discussed, or described on our site PTV Australia, our Company is not engaged in the business of providing financial or investment advice and its employees and contractors are not registered financial advisors. Your reliance on the information provided by the company, or by a psychic TV Psychic, employee or contractor, by a third party moderator, by psychic TV sponsors, or by other users of the sites or services is solely at your own election or choice. Any and all decisions that you make that are based in whole or in part upon information provided by the Company, its employees, its contractors, or its sponsors, or otherwise available on the Sites, will be your sole and exclusive responsibility.

GENERAL DISCLAIMER

No advice or information, whether oral or written, obtained by you from the Company or its affiliates through the sites or services shall create any warranty, representation or guarantee not expressly stated in these Terms of Use. The Company makes no warranty or representation that availability or use of the Sites or Services will be uninterrupted or error-free. The information provided on, from or through the Company, its services and the sites is provided “as-is” and “as available,” and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement). The Sites and related information and Services may contain bugs, errors, problems or other limitations. The Company and its affiliates have no liability whatsoever for your use of the sites and services and any such information or service.

PTV AUSTRALIA LIMITATION OF LIABILITY

You expressly understand and agree that neither the company PTV Australia nor any of its directors, employees, shareholders, affiliates, agents, representatives, joint venture parties, independent contractors, third-party information providers, merchants or licensors, will be liable to you, in contract or tort, for any loss or damages, either actual or consequential, arising out of or relating to these terms of use or to your (or any third party’s) use or inability to use the sites or the services, or to your reliance upon any information. In particular, PTV Australia will have no liability for damages of any kind, including, without limitation, compensatory, consequential, direct, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation; errors; loss of data, income, or profit, loss or damage to property; or interruption in availability of data), arising out of or relating to these terms of use, your use or inability to use the sites or the services, or to your reliance upon any information, whether based in verbal agreement, contract, tort, statutory or other law, except only in the case of death or personal injury where, and only to the extent that, applicable law requires such liability. The remedies provided for under these terms of use are exclusive and are limited to those expressly provided for in these terms. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.

The disclaimers and limitation of liability set forth herein are fundamental elements of the basis of the bargain between the company and you. The site www.ptvaustralia.com.au and the information provided therein and the services would not be provided without such disclaimers and limitations.

THIRD-PARTY INFORMATION

The company is a distributor (and not a publisher) of content supplied by third parties (including users). Any articles, press clippings or other third-party publications made available through the sites are furnished by the company for your convenience and entertainment. Any opinions, advice, statements, services, offers or other information made available by third parties, including psychics, information providers, or any user of the sites, are those of the respective author(s) or publisher(s) and not of the company or its affiliates. The Company disclaims any representation, either express or implied, that the information in such publications is accurate or complete.

PTV AUSTRALIA RESTRICTIONS; COMPLIANCE WITH LAWS

It is a violation of our terms of use for you to be in direct contact with any of our readers outside the service, to provide your contact information to a reader for the purposes of facilitating contact outside of the service, or to ask any of our readers for their direct contact information. If you do so in violation of these Terms of Use, the Company bears no liability for any resulting actions, and your ability to use the Services and to redeem any pre purchased readings may be revoked. Any such activities in violation of our Terms of Use, may be reported to the Company by our readers and any such reports shall not be deemed a violation of our Privacy Policy.

By using PTV Australia services, you agree:

not to use the sites or the services for illegal purposes;
not to speak or act in a manner that is deemed by a reader to be inappropriate, abusive, or threatening
to comply with all applicable regulations, laws, statutes, etc., regarding your use of the services, including, but not limited to, laws and regulations relating to the use of the sites or the services to send electronic mail;
not to use the sites or the services to post or transmit any solicitation, advertising or promotional materials;
not to use the sites or the services for the transmission of any unlawful, harassing, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or any nature;
not to use false identities or impersonate any person or your affiliation with any person or entity;
not to transmit any sexually explicit communications, photographs, or other materials;
not to transmit any files containing software viruses or other harmful computer code;
not to interfere with any other user’s access to or use of the sites or the services.
The company reserves the right, in its sole discretion, to immediately terminate your access to and use of the Sites or the Services, including your right to redeem any pre purchased readings, without right to refund, for any violation of these Terms of Use.

THIRD PARTY SITES AND LINKS

The sites may contain hyperlinks to other websites and webpages, as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties. The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that the Company shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Sites.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Sites does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Sites, or based on such third party’s participation or presence on the Sites, are solely between you and the third party. PTV Australia makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the sites to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF SITES

The content on or delivered through the Sites, including, without limitation, all designs, text, messages, communications, documents, graphics, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Company’s licensors, and other files or information, and the selection and arrangement thereof, is proprietary property and protected by copyright, trademark, and other intellectual property laws under both Australian and foreign laws. Any use of content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
PTV Australia hereby authorizes you to view content for non-commercial personal use only You shall not record or otherwise copy any content. Specifically, and without limiting the foregoing, you shall not use any audio recording or retention devices/technology in connection with readings, and you will not otherwise record, copy, scan, or transcribe readings, including readings by phone, or direct message, without the prior written consent of the company. All rights not expressly granted herein are reserved to company and its licensors.

Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, post, reproduce, republish or retransmit any Content contained in the Sites or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such Content, without the express written consent of the Company. No information or statement contained in these Terms of Use or the Sites shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of the Company, its affiliates, or any third party.

You may not use the sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Sites in any manner that could damage, disable, overburden, or impair the sites, or interfere with any other party’s use and enjoyment of the sites. You may not, without company’s written permission, “mirror” any Content contained in the sites or any other server. You may not attempt to gain unauthorized access to the Sites through hacking, password mining or any other means. The Company may, at our sole discretion, limit, restrict, or terminate the access and use of the Sites of any users at any time, for any reason or for no reason at all, without prior notice or any notice.

MATERIAL YOU SUBMIT TO OUR SITES

You acknowledge that you are responsible for any information or material you provide to the Company or post, upload, input, submit, or transmit to the sites, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the sites any content which is, defamatory, discriminatory, false, inflammatory, vulgar, obscene, pornographic, profane, harassing, threatening, libellous, scandalous, invasive of privacy or publicity rights, abusive, illegal, hateful or bashing, aimed at gender, race, colour, sexual orientation, national origin, religious views, or disability, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Additionally, you agree that you will not:

distribute viruses or other harmful computer code;
post the same note more than once or “spamming”; or
engage in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the judgment of company, exposes company or any of its licensors, partners, or customers to any liability or detriment of any type.
make any submission that is an advertisement or solicitation of business;
disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form);
impersonate another person;
harvest or otherwise collect information about others, including email addresses, without their consent;

Submissions shall be deemed to be non-confidential and non-proprietary. The Company shall have no obligation of any kind with respect to such submissions and shall be free to reproduce, use, disclose, modify, display and distribute the submissions to others without limitation. By transmitting such submissions to the company and the Sites, you automatically grant to the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such submissions. You also permit any other user of the sites to access, view, store, or reproduce the submissions for that user’s personal use. Without limiting the generality of the foregoing license, if you send submissions consisting of “testimonials,” you acknowledge that you grant PTV Australia and it’s sites the right to publicly display all or a part of such submission on the sites or in any other format or media at any time.

GOVERNING LAW

Except as specifically provided otherwise herein, the interpretation and enforcement of these Terms of Use and any disputes related to or arising out of your agreements with the company or use of the sites or services shall be governed by the federal and state laws of Australia. Notwithstanding the foregoing, the arbitration agreement set forth below shall be governed by the National Arbitration Act.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless PTV AUSTRALIA from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms of Use, and (ii) your use of the sites or the services.

DISPUTE RESOLUTION

Except as specifically provided herein, any dispute or claim relating in any way to your use of the sites or services, including the determination of the scope or applicability of this agreement to arbitrate, will be resolved by binding arbitration, rather than in court.

ENTIRE AGREEMENT

These Terms of Use constitute the sole agreement between you and the Company and its affiliated entities relating to your use and our provision of the Sites and the Services and the subject matter hereof.