MysticSense Psychics' Terms And Conditions
These Terms and Conditions of Advisor (' the
Agreement') apply to all users (' you' or' Advisor') who access and/or use the
MysticSense platform (' the Site') as an online advisory and service provider
(' the Advisor Platform').
By accepting the terms of the Advisor Program
or continuing to provide services through the MysticSense Services and Site,
you agree to be bound by the terms of this Agreement (the
"Agreement"), which sets out and contains all the terms and
conditions between you, your spiritual advisor or psychic or other form of
counselor in your field, and MysticSense.
MysticSense provides the Site and the Services
through which the Advisor may provide advice or services to MysticSense users
("Clients"). You should read this Agreement carefully and hereby
agree that commissions will be charged by MysticSense for the use of the Site
and the Services as of the date of your acceptance of this Agreement.
You
agree that by using the Site and/or the Service as an Advisor you are at least
18 years of age and that you are legally entitled to enter into a contract.
By registering as an Advisor and agreeing to
the terms and conditions of this Agreement, you also agree to the terms and
conditions of the MysticSense Privacy Policy and the MysticSense Terms and
Conditions incorporated in this Agreement. You also agree that when you have
registered to use the Site and/or the Services, you have become a user of
MysticSense and therefore the provisions of MysticSense's Terms of Service also
apply and are part of this Agreement. Terms not defined herein shall have the
meaning assigned to them in the Terms of Service of MysticSense.
MysticSense may amend the terms of this
Agreement from time to time, at its sole discretion, including, without
limitation, the Commission (as defined below) rates with or without notice to
the Advisors of any such amendment. All modifications shall be effective upon
posting, unless otherwise specified by MysticSense. You are strongly encouraged
to check the terms of this Agreement on a routine basis. You agree that by
using the Site or the Services after any such modification or modification has
become effective, you will be bound by any such modification or modification of
the Agreement. If the Advisor does not agree to any changes or modifications,
the Advisor and/or MysticSense may terminate access to the Site and the
Services.
What is MysticSense?
MysticSense provides an advisory platform that
allows the Advisor to present his or her expertise and to sell advice or
services to interested Members.
MysticSense, through the Advisor Platform, enables Members to
communicate directly with Advisors and Advisors to receive payments for their
services.
Disclaimer of Warranty and Limitation of Liability
The MysticSense platform is not intended as a substitute for professional care of any sort, be it financial,
physical, psychological, legal or any other field that requires state licensing. Psychics on MysticSense are
not authorized to provide or ask for any documentation, including but not limited to medical or legal
records. We cannot give medical advice, treatment or information regarding any health conditions you
may have. If such information is provided, please contact PsychicsService@MysticSense.com and
disregard. MysticSense is designed for
entertainment and educational purposes only and we are not liable for any actions or consequences
based on decisions made on behalf of any information obtained through this platform.
If a customer is contemplating suicide, or are considering harming others (or himself), or in cases of
medical emergency or imminent danger, it is important that you will advise him to call the emergency hotline for his country (9-1-1 in USA) and notify appropriate authorities immediately. MysticSense is not responsible
for and cannot help in emergency situations. Please call the appropriate authorities if needed. All information hereto applies equally to psychic advisors, employees and affiliates
of MysticSense.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS
PROVIDED FOR USE AS IS. THE USE OF THE SITE IS THEREFORE 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 DOESN’T TAKE ANY WARRANTY OF THE INFORMATION TRANSMITTED AND
POSTED ON THE WEBSITE BY ITS MEMBERS.
When you intend to provide your services
through the use of the Website, a fair standard of care must be followed, at
least the same as a qualified advisor would in a comparable transaction not
performed on the Internet, or the standard of care required by your profession,
whichever is higher. You shall have no claim, plea, or demand for any services
you provide in connection with your use of the Site against the Site Provider
or its associates and their respective owners, shareholders, staff,
subcontractors or agents. The Site Provider shall not be considered the
provider or recipient of any services acquired via the Site. The sale or
purchase of services is at your sole and complete risk. The Site Provider or
any of its personnel (affiliates, directors, shareholders, subcontractors,
employees, and/or agents) aren’t liable to the Advisor for any damages (be it
consequential, incidental, special, exemplary, punitive, or indirect) which may
arise under any circumstances (action of contract, negligence, or other
tortious action) arising from any provision of this agreement or the services.
The Site Provider, its affiliates, its respective officers, directors,
shareholders, employees, subcontractors and agents ' aggregate liability for
direct damages arising under this Agreement shall not exceed the lesser of the
total amount of money paid to the Site Provider by you through the Site in the
six months preceding the date of the claim and the amount of $100. You
acknowledge and accept that the Site Provider disclaims any liability for any
claims, actions or action brought on the part of a Member in connection with
any service provided to you (including, without limitation, your qualification
and advice representations) on the Website. MysticSense does not check the
accuracy of posts or transmissions from members via the Advisor Platform.
MysticSense therefore accepts no responsibility to check any of its Members '
identities. It is, therefore, encouraged that you verify the creditworthiness
and details of members to whom you provide or are contemplating giving advice.
Relationship of the Parties
Advisors are independent MysticSense consultants,
and no alliances, partnerships, joint ventures, staff or organization
relationships between the advisor and the MysticSense shall be construed as
part and parcel of this Agreement for any reason. Any party shall not have or
hold any third party to be authorized, except as provided in this Agreement or
authorized in writing by the party to be bound, to give any statements,
representations or undertakings of any kind or to take action which is binding
on the other party.
Being independent businessmen, advisors may
not engage in any of MysticSense's employers ' holiday, medical or life
insurance scheme, disability, profit sharing or retirement pension or other
benefits. MysticSense is not responsible for the withholding or payment of
income or payment for any social security fees or other federal, state or local
charges, insurance fees or the provision of compensation insurance on behalf of
advisors, including unemployment or incapacity. Every advisor is, as an
independent contractor, solely and independently liable for any income, sales
and use, or other tax that may be or become obligated to pay under any fees or
other remuneration received by the advisor. The advisors are liable for all
taxes or donations, including penalties and interest, and shall indemnify
MysticSense against all such liabilities.
House Rules for All
MysticSense Psychics
- Absolutely no promotion of your own business on MysticSense's platform. Your must never attempt to take a customer away from the MysticSense by selling extra services such as removing or casting spells, chakra cleansing etc. You must not contact any MysticSense customer on social media nor request their phone number or email address. Contravention of this rule will have you immediately removed from our site. No exceptions. Any earnings owing to you at the time of removal will NOT be paid out to you.
- You must not create fake reviews in order to take advantage of our generous bonus system - it's fraud. Contravention of this rule will have you immediately removed from our site. No exceptions. Any earnings owing to you at the time of removal will NOT be paid out to you.
- There must be no talk of evil spirits, black magic, bad souls, spell casting, curses. If a customer initiates conversation around this you must tell them you cannot advise on this area. Contravention of this rule will have you immediately suspending or even removed from our site.
- You must never discriminate on grounds of race, ethnicity, nationality, class, caste, religion, belief, sex, gender, language or sexual orientation. Tolerance must be shown by all our advisors.
- You do need to respond promptly to emails from your account manager asking you to make changes to your profile for example. We need our psychics to be very professional in their outlook and easy to communicate with.
- If you are going to be unavailable for whatever reason during your scheduled time, you must ensure you let your account manager know – unreliability will ultimately result in you being removed from our site.
- Whilst we appreciate it can be frustrating getting yourself set up and running, there is absolutely no excuse for abusive language or rude abrupt emails to your account manager. This may also result in being instantly removed from our site. We are courteous and expect the same from you.
- On no account must you make predictions to customers about death, accidents or disasters, neither should you predict the prognosis of serious medical conditions as even well intentioned “you’ll be fine” statements can be potentially dangerous. For example, if a customer has cancer, it might mean that he or she decides not to visit their doctor because they heard that the psychic said they would be fine. This actually does happen and we don’t want this responsibility.
- You must not make medical diagnoses or predict legal outcomes. Both areas you must avoid. Health issues can only be discussed in the broader spectrum of chakras, reiki and energy. It is incumbent upon you to report to the relevant authorities if you hear something which indicates the customer is in danger or poses danger to others.
- We require honesty in all matters. This extends to the photo you upload of yourself. It must be current and of you! Your description must not make huge claims.
- You must not be offended or annoyed if your account manager changes your description or asks you to provide a better photo. There are occasions when we will do a rewrite of your description, using your words, but making a complete change of structure, grammar and sentence ordering in order to make you more marketable. We have very high standards which must be complied with in order for MysticSense to present a professional and high quality service to our customers.
Reviews
Our customer rating system is a fundamental aspect of
the MysticSense package and is designed to be fair and give all readers a
chance to rise up the rankings. Any genuine rating that is made by customers
will never be removed.
We know that customers' poor reviews can sometimes seem very unfair however, we
have to tread a very fine line between the customer and the psychic. When we do
not publish poor reviews it can and does upset the customers who often complain
if their feedback is not shown. They also then start to lose trust in our brand
if we only publish good reviews. It looks false and we pride ourselves on being
honest. The only times we do NOT publish poor reviews are when:
- ·
a
psychic is very new and has no other reviews
- ·
the
review is rude and/or aggressive
- · the review relates to a technical issue
Most psychics can expect one or two poor ones from time to time so please be tolerant as it is almost inevitable in this business, particularly if a customer is told something they do not want to hear. Also, please consider telling them ahead of the reading that they may get an answer they don’t like but it is given from a place of honesty.
It is essential that psychics do NOT create fake reviews for themselves. MysticSense has a generous bonus system and rewards psychics for good reviews - therefore creating fake customer accounts to gain fake reviews is seen by MysticSense as fraud and will have the psychic immediately removed from the site and possibly reported to the authorities. All outstanding earnings to that psychic will not be imbursed.
Top Rated / Other Badges
Please
note that we have created a couple of conditions for becoming a top rated
seller based on average ratings and numbers of reviews. These criteria are
subject to change and at MysticSense, we will change them as we feel is
necessary.
It is
possible that your rating might fall below our criteria if you get some poor
reviews, and your top rated status will be removed. However with more good
reviews, your overall rating will increase and so you will become top rated
again.
We would ask that you accept that this is ultimately our decision and removal of a top rated seller rating is non-negotiable. We would also refer you to “Our Poor Reviews Policy.”
Privacy
You are responsible for keeping your password,
username, and other security information about your account private. All things that happen under your account are
your responsibility.
By accessing and/or using the Advisor
Platform, you agree to the terms of MysticSense’s Privacy Policy.
Permitted
Disclosures
MysticSense may (and will) disclose Advisor
information, including, but not limited to transcripts, surveys, recordings, and
personal data, if it (i) is necessary to comply with legal proceedings (search
warrant, subpoena, or court order, etc.) or any other obligation from the
government authorities, (ii) is theoretically minimizing the obligations of
MysticSense in actual or potential proceedings; (iii) is for the protection of
MysticSense rights, properties, or the rights or property of any person and
organization; (iv) is appropriate or necessary to enforce this agreement; or
(v) is needed to deter illegal behavior like fraud, etc.
Your
Information
MysticSense may review and change any typing
or spelling errors of the advisor's profile.
The assessment or confirmation of accuracy of information contained in
an advisor’s profile, credentials or qualifications of an advisor, or posts or
transmissions by an adviser shall not be the duty of MysticSense. At the sole discretion of MysticSense, any
material posted from an expert may be removed, or declined to publish or
transmit. Each Advisor is responsible for all risks, including the accuracy,
reliability, and legality of the content submitted and distributed through the
Advisor Portal. You grant MysticSense a
unrestricted, irrevocable, and exempt license for the use, duplication,
editing, transmission, distribution or public display of derivative works based
on any information or content you publish, upload, distribute, and/or received
via the Advisor Portal, and to create derivative work on the worldwide basis.
Client Privacy and Communication
Any details you collect as a consultant from
users of the web site or consumers in connection with your services should be
viewed as PRIVATE and CONFIDENTIAL. You may do so without sharing and uploading
such data to any community, publishing company, forum, website, or any other
location, including but not limited to portions or extracts from Client
Communications, conversations or messages. You may not share this data with any
other MysticSense Advisor or any other person, organization or individual.
You also understand that a user and/or Client
is not required to maintain confidentiality in regards to any service received
from an Advisor.
Some communications of the Site and Services
are facilitated by third party means. Some or all communication between a
Consultant, user or client is not encrypted, which means that it can be
intercepted or monitored unauthorized. Therefore, any contact carried out via
emails or telephone between a contractor, user or customer may also be tracked
by unauthorized intercepts.
Your confidential information shall not be
considered any material or information you post or send to the Website and/or
Services. You grant MysticSense a license to use, print, view, edit, copy,
distribute, transmit, process, test and publicly execute and build derivatives,
transmitting these information and contents worldwide to the public or to any
outside entity, which is unlimited, irrevocable and free of charge.
You understand that you will continue to
respect the GDPR regulations (General Data Protection Regulation). It includes
the following rights the customers are entitled to:
- Data Protection
- Data Portability
- Right to Erasure of
Personal Data
- Right of Access
This means you must not do anything that could
violate the privacy rights of the Customer, including but not limited to:
- Hold client information
or any personal data in an unsecured way.
- Sharing client’s personal
data with anyone.
- Failure to take
reasonable measures to safeguard personal customer information.
- Non-compliance with
customer’s request for personal data deletion.
BY
BEING AN ADVISOR ON MysticSense, YOU ACKNOWLEDGE THAT YOU ARE LIABLE TO COMPLY
WITH THE RULES OF GDPR AS OUTLINED ABOVE. FAILURE TO COMPLY WITH THESE RULES
MAY EXPOSE YOU TO MONETARY FINES OR OTHER PENALTIES BY EU AUTHORITIES, AS WELL
AS TERMINATION OF YOUR MysticSense ACCOUNT.
Modifications to and Termination of Service
MysticSense may modify or discontinue any part
of the Advisor Platform, temporarily or permanently, without noticing that it
is the Advisor's responsibility, or any third party's responsibility. MysticSense may terminate Advisor's
participation in the Advisor Platform at its sole discretion and for any reason
and refuse all current or future use of Advisor Platform by Advisor. In 30 days of receiving your notice,
MysticSense will make reasonable efforts to disable your username and password.
You can cancel this Agreement at any time by mailing to MysticSense, 10685-B Hazelhurst Dr. #26665, Houston, TX 77043, USA
No emails are accepted. By logging in and
deactivating your account, you may disable yourself for a desired period of
time.
Payments
A psychic will decide when they wish to withdraw funds which can be at any
time. Within the dashboard, a psychic can choose how much of their funds they
would like paid out.Within a psychic's dashboard when a withdrawal is created,
an invoice is generated automatically without the need to create one
manually.The payment platform MysticSense uses is PayPal and it is strongly
recommended that psychics create a business account with PayPal as personal
accounts can take up to three days to receive funds. This is because it is
dependent on MysticSense verifying the transaction to confirm receipt of
services.Payments are generally processed quickly however psychics should be
aware they can take from between 3-5 business days.
Fees
All communications between advisors and
Members, whether online or offline, will be accounted for via the Advisor
Portal. In the 7 working days of each transaction, MysticSense shall make
reasonable efforts to process the payment method selected by each Member for
the amount agreed between Member and Advisor (subject to the fee structure of
MysticSense listed below).
The billing structure for MysticSense consists
of a commission fee for each session.
Fees are charged after the invoice and payment of the bill for the final
session and are provided by the following Expert Referral System.
chat/phone/video
sessions: 48% commission fee only!
Without prior notice, MysticSense can adjust
fees at all times but makes fair efforts to offer advance notices.
Any additional administrative feature such as
canceling or facilitating wire transfers, for example, may be subject to
administrative fees.
You shall solely report and pay any taxes or
tariffs applicable in connection with fees receivable from or received from
MysticSense.
Notwithstanding this, in its discretion,
MysticSense may withhold amounts paid by credit card Members until such time as
it has been necessary to make sure the payment is not charged back or disputed,
or until MysticSense can check that there has been no fraud, if it is
reasonably satisfied that the fraud may be incurred in connection with the
payment. In those cases, where a Member has not paid or later charged a refund,
you will have no advisor fee paid for the transaction. If you have already
received payment, you would automatically be required to pay that sum to
MysticSense, and MysticSense may subtract the amount from your account or
future payments. MysticSense can
transfer payments from your pending income, as consultant, to your remaining
balance as a member if you simultaneously participate as a Member.
The billing system of MysticSense is not
error-free, and MysticSense is not responsible for any errors or malfunctions
in the handling of payments. For
situations where you suspect an error has occurred, a report must be made
within 90 days following such payment to the MysticSense service department.
You hereby agree that disputes that arise after 90 days of payment are not
valid and that MysticSense shall not consider them.
In its sole discretion, MysticSense may
designate a collection service to facilitate customer payment of Revenue or the
Commission's payment by advisers (e.g. PayPal or another third party. The site
and services currently use PayPal as their third party payment services, but
MysticSense may choose, at its sole discretion, a third-party payment service.
In accordance with the terms and conditions laid down by the collection
services, this collection service can charge a fee for processing such payments
("Processing Fees"). If processing fees are collected by the
collection service, these processing fees and commissions are deducted from the
advisor's income.
For
example, MysticSense would charge the Commission for $48 if the client is
required to pay Advisor for $100. The transaction costs may be deducted from
the $100, where applicable, and then $48 will be paid to the Advisor by
MysticSense.
In case a Customer cancels or charges back the
payment made to an Advisor for any reason, the Advisor may contact MysticSense
with documentation supporting the cancelation of payments. If MysticSense
decides, in the sole discretion of the applicant, that the application is
justified, MysticSense may credit the Advisor's next invoice for any commission
collected for the payment of such a canceled payment or fee, but MysticSense
shall in no case be liable or liable for any canceled payment or chargeback.
Acceptable Use
You agree, warrant and commit to the following
by accessing or using the Advisor Platform:
You are 18 years old or older. You may not
use, register on, or provide us with any personal information for advisor
platforms if you are under the age of 18. MysticSense reserves the right to end
every member's account immediately and to erase its data if it is of the
opinion that it was under 18 years of age.
You will not provide or try to offer any
service or advice you are not eligible to provide, including any legal or
medical advice or other information that is only legally available to a
licensed professional that has a doctor-patient, an attorney-client or other
relationship.
If
you’re an Advisor or Medical Professional:
You will not participate in medical practice
or engage in a doctor-patient relationship with a Member by using or
administering or dispensing any prescription from the Advisor Network. You must
remind members that your consultation is primarily intended for information
purposes and does not replace a physician's advice after a physical test and
encourage members to seek personal medical examinations with a doctor. Consequently, you are not going to provide
advice or information which requires an individual member's physical exam.
- You can provide advice or information only on
matters of non-emergency. In cases of
emergency, you will instruct the Member to call 911 or his/her local emergency
services immediately.
- You will not give advice concerning the
purchase or sale of securities, or report or analysis related to securities, or
any products or services connected with lotteries.
- You won't indulge in unhealthy, immoral,
dishonest, deceptive or offensive behavior.
- You will only provide services to members via
the Advisor Platform and will not exchange personal data with Members.
- You will not undertake measures that could
manipulate the integrity of the rating system for members.
- You shall comply with all laws, guidelines,
regulations and ethics codes as applicable.
- You do not stalk, attack, annoy, or try to
invade other people's privacy.
- You will not communicate the information you
received from a Member.
- You will not use the Advisor Platform to
transmit: (a) any information or material that violates the right of
third-parties; (b) any commercial/ad from third parties; (c) Virus, Trojan,
Worm or other malicious applications Software; (d) Any information or material
that may encourage behavior, civil misconduct or otherwise infringe upon
applicable law; (e) any illegal, abusive, aggressive, obscene, sexist,
offensive, or otherwise reprehensible content; (f) Any unnecessary bulk mail or
bulletin board mailing distributions.
- You will not intervene, interrupt or attempt
to access, or operate robots, or spiders to search the Advisor Platform and/or
its relevant servers or networks without permission.
- Within the Advisor Platform, you can use deep
links to your own personal website.
- You will not view the Advisor Platform with a
graphical user interface other than the one provided by the Advisor Platform.
Advisor Code of Conduct
The following code of conduct will be followed
by you. All user contact must be conducted via the Website or Services. If the
Advisor fails to comply with this code of conduct, MysticSense is entitled, in
addition to any other legal remedies applicable, to revoke or terminate
Advisor's account with immediate effect.
In conjunction with the website or services,
you may not do (or seek to do) any of the following:
- You will not share any
other user's contact information (or any other information that allows users to
contact you except via the Website or the Services).
- You will not post on the
Site or Services, including but not limited to your Profile Page and forums,
contact information (or any other information that allows users to make any
contact with you other than via the Site or Services).
- You shall not provide
legal or medical advice that can be given only by a professional healthcare or
legal practitioner with an established relationship between a doctor and
patient individual, a lawyer and a client, or any other connection.
- You will not offer advice
on sexual assault.
- In using the Website or
the Services as counselor, you shall comply with any relevant rules, laws,
legislation or statutes.
- You are not going to give
advice, or predict death or injury.
- You will not supply your
Advisor profile with false data or misleading information, but will accept the
responsibility of updating your profile updated and ensuring that it is correct
and up to date.
- You'll ensure that you
always list your skills, credentials and history correctly and accurately.
- You are not going to
serve as an Advisor in any jurisdiction in which this is illegal.
- You shall not provide any
valuables, viability, investment or purchasing value information, advice or
recommendations on any sweepstakes, lottery, chance games, etc.
- You won't harass a
customer or other user of the service or threaten or embarrass them.
- You are not going to use
vulgar, sexist, violent or obscene language.
- You won't engage in
sexually explicit or pornographic communications.
- You won't engage in
immoral, derogatory, or negative behavior.
- You will always maintain
a professional relationship with your clients and treat them professionally and
with dignity.
- You will only advise the
clients to whom the Sites or Services have introduced you on or via the site or
Services.
- You accept that you, as
an Advisor, shall be responsible for paying MysticSense the Commission for any
such payments where a customer makes direct payments to you as an Advisor.
- You won't pursue
"capturing" payments directly from PayPal. Only the server of
MysticSense will handle payments.
- You will take no action
or conduct which can manipulate, undermine or interfere with any of your Site
or Service Advisers ' ratings. MysticSense reserves the right to exclude any
rating which, we assume, may affect the credibility of the feedback system of
advisors without explanation.
- You shall not attempt to
send "spam" or "junk", nor any other unsolicited email or
contact medium to any Client or User of the Site or Service.
- Any other service similar
in nature to the website or services to any Customer or customer on the website
or services shall not be advertised or provided or referred to by you.
- You will make every
effort to protect the confidential information provided by any customer.
- You will not offer
services which guarantee direct future change, including, but not limited to,
spells or removal of spells.
- You will not involve
yourself in any actions to defraud, confuse or otherwise mislead any Customer
or user of the Website or Services.
- You will not have
multiple Advisor accounts and you will have a limit of one active Advisor
account at all times.
Co-Branded Websites and Links
The website may include links to third-party
websites. The company does not control and does not manage these pages. You
consent to the fact that the Site Provider is not responsible for any content,
advertising, goods, privacy policies or other materials found therein, or for
the functionality of such websites. You warrant and accept that the Site
Provider shall not be responsible for or be liable for any harm or damage,
directly or indirectly, caused or implied by the use of or depending on such
content, products or services on the website of a third party.
Username, Password, and Site Registration
You will be requested to provide a username
and password when creating and opening an account using the Site. The
protection of your password and username and any other security information
related to your account is fully guaranteed. For all activities under your
accounts, usernames or password, you shall be fully responsible. The Site
Provider shall not accept responsibility for losses caused by or without your
knowledge due to any infringement of your account. You are liable for losses
arising from someone else's use of your account or password on the website.
You do not treat any information or content
posted or transmitted via the Site as confidential. You grant the Site Operator
an unlimited license to use, reproduce, display, edit, copy, transmit, process,
check, execute, create derivatives publicly and communicate any such
information or content to the public or to third parties worldwide.
Moreover, your details may be revealed by the
Site Provider in the following section, "Use of Data":
Use of Data
The Site Provider will disclose information,
including, but not limited to, information about you, transcripts, surveys and
recordings. It will do so if: (i) it is in obligation to a legal process (such
as subpoena, warrant, etc.), or any other requirement deemed necessary by
government authorities; (ii) it will theoretically reduce the liability of the
site provider in an actual or future litigation; (iii) it is to protect rights
or property of the site provider, or the rights or property of any person or
entity; (iv) it is needed to enforce this agreement; (v) it is to deter illegal
conduct (including, not limited to, fraud).
For promotional and information purposes, the
Website and its Site Provider may use and publish on the website the
transactions conducted through the Site, provided that publication does not
identify the Advisor or Member in any manner other than his/her name on their
screen.
The Site Provider can build co-branded
websites with its partners in its discretion. In this scenario, advisor
listings that appear on the co-branded website, but without prior consent of
the advisor, the site provider will not move any personal information
concerning the advisor to the other website. The co-brand sites are maintained
and managed by the Site Provider. The Site Provider may record the website a
visitor connected from. If a visitor registers in order to be a Member and/or a
consultant, the site provider can track the name of the partner in order to
further enhance the relationship between the site provider and its partners.
Advisor and Member Communications
The Site Provider is not liable for the
screening or editing of the communication content between Advisors and Members
but, for technical support and/or in order to comply with the terms of this
Agreement, the Site Provider may screen, copy, transmit and review all
communication conducted by or via the Site.
Both messages between Advisors and Members are NOT authenticated and may
therefore be tracked and intercepted unauthorized.
The Site offers its advisors and leaders a
public board. The Public Board allows Members to post or request services which
all Advisors can view. Anonymously, applications may be uploaded. A Member may
determine how long they wish the question to remain on the public Board
"in view." All of these posts are public until a Member negotiates with
an Advisor on a personal basis. E-mail and chat transcripts are maintained on
the Web servers and can be updated by members and advisors. You understand and
consent to be unable to remove these communications or the information
contained in these correspondence as Members may retain transcripts, records,
and other interactions with advisors while buying Advisor services. The Website
specifies to its users which messages are visible to the public and only to
individual users.
International Users
You are responsible for compliance with your
jurisdictional laws and acceptable content if you have access to the Site from
locations outside the United States. This is at your own risk.
Advertisements
On behalf of interested companies and/or
individuals or on its own, the Site Provider may include paid advertisements in
the site advertising. When the ads are clicked, the advisor can move to the
advertiser's website or receive other messages, information or offers from the
advertiser. You accept and agree that the Site Provider cannot be held
responsible for the practices and contents of advertiser websites, information,
messages or offers.
Profile Photo
You can upload your own image, which is
acceptable and not offensive in nature to your knowledge. Images of individuals
other than you are not permitted. In order to validate your identifying
information against the personal information given on your profile, we reserve
the right to request your photo identification. MysticSense sets a high
visibility standard, hence you are not permitted to use lower image quality. If
it is determined to be unreliable, we will ask you, according to the settings
provided, to upload pictures clicked by professionally qualified photographer.
Insurance and Indemnification
Advisor shall pay MysticSense for any and all
injuries, damages, decisions, judgments, expenditure, costs or expenses,
(including costs and reasonable legal fees), arising out of or in connection
with any and all lawsuits, actions or other proceedings brought against any of
these indemnifications, and the staff, officers, agents (the "identified
parties") and associates arising from: (a) any breach of any title,
responsibility, arrangement or agreement to be carried out under this
Arrangement by the Advisor; (b) rendering of services to any user, Client, or
third party of MysticSense by the Advisor; (c) Any materials posted to the
Website or the Services by Advisor and/or any information or material otherwise
given to users of MysticSense or Client by Advisor, usually via the Internet or
any means. The Advisor is responsible for maintaining and retaining adequate
insurance where such insurance is needed by applicable laws or regulations that
apply to the delivery of services by the consultant.
Intellectual Property Rights
The Site contains protected content, trade
secrets and proprietary information owned by the Site Provider, including
copyright, trademarks, databases and patents on the Site and any software used
therein, application, images, text and other materials. The Site Provider gives
you the right to use this Site in a non-exclusive, revocable way if you don't
copy, modify, extract from this web-site.
You are not entitled to any patent, copyright,
trade secrets, trade names, trademarks, domain names or any other rights,
functions or licenses relating to the Internet, under this Agreement. You may
not create derivative software that is based on any trade secret, intellectual
property or the site provider's proprietary information. In addition, you shall
not sub-license, grant or pass, sell or use your site membership commercially
or in any other way.
You may not modify, use, or otherwise infringe
or violate the trademark rights of the Site Provider or of any other trade
mark, domain name or domain name identical or likely to be confused with that
of the Site Provider or of the Site Provider.
Copyright Policy
The platform respects other people's
intellectual property and we encourage our users to do likewise. The Site can terminate the account or access
of users who infringe on the rights of others to intellectual property. Please
provide the following information if you feel that your work has been copied in
a way that constitutes copyright infringement:
- An electronic or physical
signature of the person authorized to represent the owner of the copyright
interest.
- A description of the
copyrighted content, including the place where the copyright work is available.
- Your email address and
contact number.
- You have a declaration
that you have a good faith that copyright owner, its agent or the law does not
allow the use; and
- You state that the above
information is accurate, under the penalty of perjury, and that you are a
copyright owner or entitled to act on behalf of the copyright owner.
- The copyright agent of the website may be
contacted as follows for notification of copyrights infringement claims:
By Mail: MysticSense, 10685-B Hazelhurst Dr. #26665, Houston, TX 77043, USA
By
email: admin@mysticsense.com
Indemnification
Adviser shall defend, pay and hold free of all
and any of the injuries, damages, suits, judgements, costs and expenses
(including the costs and fair attorney fees) arising out of or in connection
with any lawsuits, complaints, acts, actions or actions of the Site and its
members and its administrators, directors and employees, consultants,
representatives or agents (collectively, "Indemnitee Parties")
related to: (a) The violation by the Advisor under this Agreement of any title,
promise, agreement or agreement made or to be carried out; (b) Any content
Advisor submits, publishes or submits through or otherwise supported by the
website and the Advisor Network; and (c) Use of any Website and/or the Advisor
Platform by Advisor(s). The expiry or termination of this Agreement shall
continue in this section.
Miscellaneous
The website may send you an email to the email
address which you have registered, through regular mail or by posting on the
website/advisor platform for any improvement in this agreement and/or in the
Advisor Platform as a whole. This is the purpose of this Agreement. The date of
receipt shall be considered to be the date of the notification. Notices must be
sent by way of express or regular mail to the Site Provider on:
MysticSense, 10685-B Hazelhurst Dr. #26665, Houston, TX 77043, USA
Without the prior written consent of the
Company, you shall not delegate your rights or responsibilities under this
Agreement. This Agreement is binding and will support the legitimate delegates,
heirs and appointments of the parties to this agreement. The present Agreement
(and the provisions hereby cited and included in the reference) constitutes a
full understanding of the subject matter between the Company and the Member,
and the Member did not rely on Company undertakings or representations with
regard to the subject matter except as set out herein.
Unless written changes are made to this
Agreement, no amendment will be effective. If any clause of this Agreement is
deemed illegal, void, unenforceable and/or otherwise legally inconsistent by a
court of competent jurisdiction, the remaining provisions of this Agreement
shall remain in full force and effect.
By posting changes to the Site, the Site
Provider can amend this Agreement. All amendments shall take effect on posting
unless otherwise specified by the Site Provider. You are therefore advised to
periodically review the terms and conditions of this Agreement. You continue to
be bound by any such modifications to the Agreement by using the Site after the
changes have become successful. You can terminate this Agreement as stated
above if you do not agree to the amendments.
THIS IS A LEGITIMATE CONTRACT BETWEEN YOU AND HAREL PROJECTS LTD..BY CLICKING ON THE "CONTINUE" OR' SAVE' BUTTON ON THE ADVISOR SIGN-UP PAGE YOU CONFIRM THAT THE TERMS AND CONDITIONS SET OUT HEREIN HAVE BEEN READ AND UNDERSTOOD, AND THAT YOU AGREE THAT THIS AGREEMENT IS ACCEPTED AND THAT YOU ARE BOUND BY THESE TERMS.