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Terms and conditions of use

1.       Introduction

1.1     These terms and conditions shall govern your use of our website.

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4     You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2.       Credit

2.1     This document was created using a template from Docular (https://docular.net).

3.       Copyright notice

3.1     Copyright (c) 2021 Natalee Finn.

3.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

(c)      Natalee Finn owns all Intellectual Property rights in Private Readings between us and you including any Recordings, Digital Content or any products under these Terms.

(d)      You must not, without our prior written consent:

  • copy or use, in whole or in part, any of our intellectual property;

  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

  • breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

(d)      Intellectual Property includes but is not limited to:

  • all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), Recordings, Digital Content, patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;

  • all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and

  • all work product developed in whole or in part by Natalee Finn.

 

4.       Permission to use website

4.1     You may:

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)      stream audio and video files from our website using the media player on our website; and

(e)      use our website services by means of a web browser,

          subject to the other provisions of these terms and conditions.

4.2     Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3     You may only use our website for your own personal use and you must not use our website for any other purposes.

4.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      show any material from our website in public;

(d)      exploit material from our website for a commercial purpose; or

(e)      redistribute material from our website.

4.6     Notwithstanding Section 4.5, you may redistribute our newsletter in electronic form to any person

4.7     We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

5.       Misuse of website

5.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      hack or otherwise tamper with our website;

(d)      probe, scan or test the vulnerability of our website without our permission;

(e)      circumvent any authentication or security systems or processes on or relating to our website;

(f)       use our 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;

(g)      impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)      decrypt or decipher any communications sent by or to our website without our permission;

(i)       conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)       access or otherwise interact with our website using any robot, spider or other automated means;

(k)      use our website except by means of our public interfaces;

(l)       violate the directives set out in the robots.txt file for our website;

(m)     use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)      do anything that interferes with the normal use of our website.

5.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3     You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.       Limited warranties

6.1     We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date;

(c)      that the website will operate without fault; or

(d)      that the website or any service on the website will remain available.

6.2     We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3     To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

7.       Limitations and exclusions of liability

  1. You acknowledge and agree that any insights or guidance provided in our products or through Private Readings is not professional advice or personal recommendations. Natalee Finn provides no guaranteed results, and takes no responsibility and are not liable for any decisions or actions that you take following use of any of our products or your Private Reading. Your reliance on any information provided to you through our products or Private Readings is at your own risk.

 

  1. Where the delivery of products or provision of any of our services depends on your information or response, we have no liability for a failure to deliver the products or perform the services, which is affected by your delay in response, incomplete or incorrect information.

 

 

  1. Nothing in these terms and conditions will exclude any liabilities that may not be excluded under applicable law.

7.4     The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:

(a)      are subject to Section 7; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

7.5     To the extent that our website and the information and services on our website or in any private reading or workshop, we will not be liable for any loss or damage of any nature.

7.6     We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.7     We will not be liable to you in respect of any business or income losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.8     We will not be liable to you in respect of any loss or corruption of any data, database or software.

  1. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

  2. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  3. On request by you, we may provide you with contact details of third party service providers. This is not a recommendation by us for you to seek their advice or to use their services.  We make no representation or warranty about the third party advice, provision of services or any specialization or expertise, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.

  4. Our total liability arising out of or in connection with the products, any of our services, or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or the Private Reading under the Terms.

  5. This clause will survive the termination of these Terms.

 

8.         Indemnity

 

8.1       You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

  • any information that is not accurate, up to date or complete or is misleading or a misrepresentation;

  • any breach of these Terms; and

  • any misuse of any of our products or services from or by you, your employees, contractors or agents.

  • You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products and services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

  • The obligations under this clause will survive termination of these Terms.

 

9        Breaches of these terms and conditions

9.1     Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to our website;

(c)      permanently prohibit you from accessing our website;

(d)      block computers using your IP address from accessing our website;

(e)      contact any or all of your internet service providers and request that they block your access to our website;

(f)       commence legal action against you, whether for breach of contract or otherwise.

9.2     Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

 

10.     Variation

10.1   We may revise these terms and conditions from time to time.

10.2   The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

10.3   If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

 

11.     Assignment

11.1   You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

11.2   You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

12.     Severability

12.1   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.

12.2   If any unlawful and/or unenforceable provision of these terms and conditions 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.

 

13.     Third party rights

13.1   A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

13.2   The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

14.     Entire agreement

14.1   Rhese terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

15.     Law and jurisdiction

15.1   These terms and conditions shall be governed by and construed in accordance with the Australian Capital Territory laws,

  1. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Australian Capital Territory.

  2. Your use of this Site and these Terms are governed by the laws of Australian Capital Territory (ACT).

  3. Certain legislation, including the ACL in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.

  4. You agree that our liability for the goods and services we provide is governed solely by the ACL and these Terms.

  5. Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services, are provided to you without warranties, representations and guarantees of any kind, unless expressly stipulated in this Agreement.

  6. This site may be accessed Worldwide.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws where you access our Site.

 

16      Our details

16.1   This website is owned and operated by Natalee Finn ABN  14 754 574 245.

16.2   Our principal place of business is in the Australia Capital Territory.

16.4   You can contact us:

(a)      using our website contact form;

(b)      by telephone, on the contact number published on our website; or

(c)      by email, using the email address published on our website.

 

17.       Bookings of Sessions

 

17.1     You may make a booking with Natalee Finn for Readings, Chakra Therapy Treatments - Face-to-Face or Virtual (Skype, Zoom or Facebook Messenger), and Psychic Coaching Sessions by the online scheduler provided via this website.

 

17.2     By making a booking you hereby agree and accept these Terms and Conditions.

 

17.3     You are responsible for warrant that you have a reliable internet connection.   We will not be responsible for any interference with, delays or preventions to providing you with services in the event that your internet connection is not stable and/or reliable.

 

18        Booking times

Booking times will be made in accordance with the time zone of the appointment in the Australian Capital Territory being Australian Eastern Daylight Time (AEDT) or Australian Eastern Standard Time (AEST).  It is your responsibility to satisfy yourself as to the time zones applicable at the time you make the appointment and you can review the information at info.australia.gov.au.

 

19.       GST

 

For Australian clients, Readings, Chakra Therapy Sessions, Workshops and Psychic Coaching Sessions, prices are inclusive of GST and are in Australian dollars. 

 

20.       Payments

 

20.1     Full payment is required upon confirmation of your Reading, Chakra Therapy Treatment or Psychic Coaching Session.  

 

20.2     You agree to use our chosen third party payment processor, currently Stripe.  

 

20.3     In the event that the payment method chosen by you is subject to any additional fee, charge or levy you will be responsible for payment of any such additional fee, charge or levy.  You accept all terms and conditions of the applicable third party processor.

 

20.4     All payments are final and non-refundable.

 

20.5     Our fees are subject to review at any time and at our sole discretion. We may change our fee structure at any time and will publish any      changes on this website.  We may amend, delete, add any services provided at any time.

 

21.       Session Participation

 

  1. By attending a session with Natalee Finn you acknowledge and agree that:

  • The session may prompt an emotional response, is subject to your own personal interpretation and is not professional medical, psychological, legal/or financial advice.

  • Website, Readings, Chakra Therapy Treatments, Workshops and Psychic Coaching Sessions are not intended for, or should ever be used in place of professional services including but not limited to medical, legal, financial, business and/or psychological services.

  • The accuracy and applicability of a reading is in no way warranted or guaranteed.

  • We accept no responsibility and/or liability for any decisions and/or actions you or someone else may choose or makes based on his/her Reading, Chakra Therapy session or in Workshop participation with Natalee Finn.

  • A recording of your Reading is not included in your session and is not permitted.You are not authorised to record any session due to the sacred nature of the readings and the privacy of all parties involved.You may make notes during the session.

 

 

22        Refunds and Cancellation Policy

 

22.1     In the event that Natalee Finn is unable to attend your booking the following will occur:

a)         Full refund paid to you; or

b)         Reschedule the booking.

 

23.2     As set out above, all bookings are non-refundable but for in the event Natalee is unavailable pursuant to clause 22.1 above.  We hereby have sole discretion to allow any refund in the event that you request a cancellation and/or rebooking. 

 

23.3     Refunds on Workshop tickets are not offered unless the event is cancelled.  Ticket attendance at Workshops is non-transferable unless otherwise stated.

 

 

24.       Rescheduling

 

24.1     In the event that you wish to reschedule your booking you may do so with 72 hours notice prior to the appointment.  Any request to reschedule within 72 hours of the appointment is at our sole discretion.

 

24.2     You may reschedule your booking with 72 hours notice via this website.  You will receive email confirmation of the booking time.

 

 

25.       Preparation for Sessions

 

25.1     You will receive a confirmation email upon making your booking with appointment time, date, location (for face to face readings) and contact details (if required).  It is your responsibility to check all details and verify their accuracy.

 

25.2     It is your responsibility to ensure your technology and internet connections are in good working order prior to the allocated session time.  In the event that your technology/internet is not in good working order at the time of the session no additional time will be provided.

 

25.3     It is your responsibility to ensure you have provided the correct contact details.  If you provide the wrong details Natalee will attempt to reach you via email and telephone.  If you do not reply within 15 minutes of your scheduled appointment time, you will be considered to have cancelled your appointment and no refund will be given.


26.       Digital Products
 

26.1    You (the purchaser of the digital products) agree to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.

26.2    Digital Product Usage - After purchasing the digital product, you will be given access to the product materials within [48 hours] through a download delivered to your nominated email.  Natalee Finn hereby grants exclusive, non-sublicensable, non-transferable, license to use the Product. You understand and agree that the Product materials may not be shared with any third party. In the event Natalee Finn suspects that the Product is being shared with another party, Natalee Finn reserves the right to immediately terminate your access to the Product.

 

26.3    Fees & Payment Processing - In consideration for access to the Product provided by Natalee Finn, you agree to compensate Natalee Finn the fee stipulated on the relevant website. If any payment methods are declined by the online payment processor, you shall provide a new eligible payment method before receiving access to the Product. In the event you have already been given access to the Product, and a payment method is declined, Natalee Finn reserves the right to collect any and all outstanding receivables.

26.4    Refund Policy - Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by you in connection with the Product will be allowed under any circumstances.

 

26.5    Personal Information - By purchasing the Product, you may be asked to provide personal information including your name, email address, mailing and billing address. You agree to allow Natalee Finn access to this personal information for all lawful purposes. You are responsible for the accuracy of the identifying information, maintaining the safety and security of your identifying information, and updating Natalee Finn on any changes to your identifying information. The billing information provided to Natalee Finn by you will be kept secure and is subject to the same confidentiality and accuracy requirements as your identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.

 

26.6    Copyright - Upon delivery of the digital product to you, Natalee hereby transfers and assigns to you all copyrights regarding the Product.

 

26.7    Warranties and Liability - Natalee Finn makes every effort to ensure that the Product is accurate and fit for the use of Natalee Finn's customers. However, Natalee Finn takes no responsibility whatsoever for the suitability of the Product, and Natalee Finn provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify Natalee Finn against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Natalee Finn shall not be liable to you or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise, whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

 

26.8    Guarantees - Natalee Finn does not make any guarantees as to the results, including financial or other personal gains, of your use of the Product. You agree to take responsibility for your own results with regard to using the Product.

 

26.9    Release & Reasonable Expectations - You have spent a satisfactory amount of time reviewing the Product and have a reasonable expectation that the Product will produce different outcomes and results for each individual. You understand and agree that: The final result for each individual using the Product is different; The Product is intended for a mass audience.

 

27.       Privacy Policy

 

27.1     We take reasonable steps to protect personal information from unauthorised access, modification or disclosure and also against misuse, interference and loss. We also take reasonable steps to destroy or de-identify personal information when it is no longer needed for any purpose permitted under the Privacy Act.

 

27.2     We will take reasonable steps to protect personal information (including sensitive information) from misuse, interference and loss, as well as unauthorised access, modification or disclosure.  We will take reasonable steps to detect privacy breaches promptly and be ready to respond to potential privacy breaches in a timely and appropriate manner.

 

27.3     Our online scheduler is a secured site, including the details form page where clients enter their contact and payment information.

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