Psychics1on1, LLC (“Psychics1on1"), has created the Psychics1on1 website at www.Psychics1on1.com (the "Website" or the "Site") to assist Psychics in the distribution of Psychic Content, both defined in the Terms and Conditions.
PLEASE READ THESE PAYMENTS, REFUNDS, AND CANCELLATION TERMS OF SERVICE (the “TERMS”) CAREFULLY AS THEY SET FORTH YOUR OBLIGATIONS WITH REGAR+D TO THE PSYCHICS1ON1 SERVICES AND AFFECT YOUR LEGAL RIGHTS AND REMEDIES. BY USING THE PSYCHICS1ON1 PAYMENT SERVICES AND CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS A PART OF THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE OUR PAYMENT SERVICES.
1. Payment Services Terms for Psychics.
The following terms apply to Psychics’ use of the payment services provided by Psychics1on1™ (“Payment Services”):
1.1. Eligibility. You must be at least 18 years old to use our Site and our Payment Services. By registering to use our Site and Payment Services, you represent and warrant that you are at least 18 years old.
1.4. Payments of Distributions Due. Upon your election to use the Payment Services, Psychic authorizes Psychics1on1 to collect Distribution amounts via credit card, debit card, and electronic funds transfer payments (together "Payments") from Users on Psychic’s behalf in exchange for the fees and payments set forth in this Agreement. “Distribution(s)” are defined as Distribution, security deposits, application fees, property damage protection insurance, and all other amounts, agreed between the applicable User and Psychic.
1.5. Financial Preferences for Bookings.
1.5.1. “Payment Account” means a payment method that you have designated for use in connection with your Psychics1on1 Account, such as a credit card, debit card or PayPal to be used for Payment Services with Psychics1on1.
1.5.2. “Deposit Account” means a deposit method that you have designated for use in connection with your Psychics1on1 Account, such as PayPal, direct deposit, a prepaid card or a debit card (where available) to be used for Payment Services with Psychics1on1.
By adding a Deposit Account, you acknowledge and agree that Psychics1on1 will collect the full (or partial, depending upon the payment arrangement set by Psychic, as provided in Section 2 below) Payment for the Booking from the User, and will initiate deposit of the collected amount to your Deposit Account.
1.6. Authorization for Debits and Credits. You hereby authorize Psychics1on1 to access your bank account designated on the Registration Form for the following purposes:
1.6.1. to deposit Payments due to you; and
1.6.2. to debit any fees or charges owed to Psychics1on1 in accordance with these Terms, including fees related to chargebacks and Non-Sufficient Funds (“NSF”) prior to settlement to your bank account. In the event Psychics1on1 is unable to recover any fees for any reason, Psychic agrees to pay all reasonable costs of collection, including reasonable attorneys' fees, incurred by Psychics1on1.
1.7. Right of Off¬set. In the event Psychics1on1 is unable to debit Psychic’s Payment Account for any fees or charges owed to Psychics1on1 or in the event of a Booking Problem (see Section 3 below), you authorize Psychics1on1 to deduct (off-¬set) such amounts from future Distribution Payments. Psychics1on1 shall be entitled to offset any payment obligation that Psychics1on1 may have to you under these Terms against (1) Fees owed by you, (2) amounts overpaid to you due to a later reversal, refund, chargeback or other adjustment to prior Payment transactions, and (3) any other amounts owed by you to Psychics1on1 under these Terms or any other agreement.
1.8. Provision of Information. You agree to keep your financial account information rent and up-to-date with Psychics1on1. Failure to do so will result in Distributions being misdirected, held by Psychics1on1 pending confirmation, or returned to User. Psychics1on1 disclaims all liability for Payments if your financial account information is not kept rent. Psychics1on1 may suspend or terminate without notice your ability to accept Payments if you fail to keep this information rent or block Psychics1on1’s™ ability to debit or credit your Payment Account or Deposit Account. You shall provide Psychics1on1 with such information as Psychics1on1 may lawfully require in order to promptly and accurately perform the Payment Services. You shall promptly notify Psychics1on1 of any and all inaccuracies in, or changes to, the information provided by you. Psychics1on1 shall in no event be liable for any damages directly or indirectly resulting from your failure to provide rent and correct information.
1.10. Chargebacks and Reversals. Psychic acknowledges and agrees that any Payment by a User is subject to a right of chargeback if paid by credit or debit card or reversal if an ACH transaction, as these rights exist between the User and his/her respective bank or credit card issuer. In the event of a chargeback or reversal of any Payment by a User, Psychics1on1 will automatically deduct such amount plus any fees associated with the chargeback or reversal from your bank account. Thereafter, Psychics1on1 will open a resolution case and investigate the reason for the charge back. You agree to cooperate with Psychics1on1 and to provide any information that may be reasonably requested by Psychics1on1 in its investigation. In the event it is determined that the Psychic was not at fault in connection with the chargeback, Psychics1on1 will use commercially reasonable efforts to dispute the chargeback on your behalf. In the event it is determined that the chargeback was due to Psychic negligence or other similar circumstances, Psychics1on1 will, in its sole discretion, charge the Chargeback Fee to the Psychic. You are liable for all chargeback or reversals of Payments processed on your behalf by Psychics1on1, including the Chargeback Fee listed in the Fees Schedule. You acknowledge that chargeback and reversal decisions are made by the applicable issuing bank or credit card networks and all judgments as to the validity of the chargeback or reversal is made at the sole discretion of the applicable issuing bank or credit card networks and that Psychics1on1 shall have no liability or responsibility in connection with any chargeback or reversal.
1.11. Taxes. Psychic is responsible for any and all applicable taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental entities of whatever kind and imposed with respect to the transactions under these Terms, including penalties and interest, but specifically excluding taxes based upon Psychics1on1's net income. On an annual basis, Psychics1on1 may be required to report any Payments processed on your behalf to the IRS or other tax authorities. Psychics1on1 is not responsible for, and is not the entity collecting sales or income or other taxes with respect to the Payments. You will promptly provide Psychics1on1 with documentation as may be required by the applicable governmental entity in order for Psychics1on1 to process payments hereunder (including, without limitation, a valid certificate of your exemption from obligation to pay taxes as authorized by the appropriate governmental entity), and Psychics1on1 may withhold any Payments until you have provided the required documentation.
1.12. Limitation on Use of Services/Website. Psychic may only utilize the Payment Services for the payment of Distributions as defined herein. You may not use, and hereby represent and warrant that you will not use, the Payment Services for any other purpose, including but not limited to the payment for any illegal activity, good, or service. You agree to comply with all Psychics1on1 policies, and any other limits concerning use of the Website and Payment Services, as updated by Psychics1on1 from time to time, including without limitation: (i) Psychics1on1's requirements for data security; and (ii) any operating rules and/or policies of the card associations or networks that are used to process the Payments (as such may be updated from time to time). Notwithstanding anything any other terms of this Agreement, Psychics1on1 has the right (a) to change, suspend or discontinue the Services or Website, in whole or in part and (b) to impose limits on certain features or restrict access to parts or all of the Services or Website without notice and without liability when Psychics1on1, in its sole discretion, determines necessary to protect the integrity of the Website and its operations, to avoid harm to others, or for any other reason. Psychics1on1 may decline to process any payment in connection with, among other reasons, fraud prevention activities, applicable law, or Psychics1on1 policies.
1.13. Payments. You acknowledge and agree that- (i) your distributions of Psychic Content are transactions between you and the relevant User and not with Psychics1on1 or any of Psychics1on1's affiliates; (ii) Psychics1on1 is a third-party Distribution collector for you and is not a party to any transaction; (iii) Psychics1on1 will not be responsible for, and does not control, whether a User will make any Distribution Payment; (iv) Psychics1on1 is not a bank or other chartered depository institution; and (v) funds processed by Psychics1on1 or its service providers (including any bank service providers) in connection with the collection of Distributions are not deposit obligations and are not insured for your benefit by any governmental agency.
2. Payment Terms for Users.
2.1. User Responsibility for Payments. Psychics1on1 provides Payment Services, which Psychics may elect to participate in to facilitate payment using a third party payment processor.
2.2. Authorization to Deduct. Where a Psychic has elected to participate in the Psychics1on1 Payment Services, Users hereby authorizes Psychics1on1 to automatically deduct from the financial account provided by the User at the time of Booking (your “Payment Method”) all amounts that are due for the Booking, including the cost of any Claims associated with damage to the Property. User hereby certifies that he/she is authorized to effect charges to the credit card number provided to Psychics1on1. In the case of any issues or disputes concerning any transaction under these Terms, User will notify Psychics1on1 promptly to rectify the situation prior to notifying his/her credit card company. User authorizes Psychics1on1 or its payment processor to store and charge User's Payment Method as provided in these Terms. You agree that we may obtain any updates to your Payment Method from our financial services institutions to update our records for your Payment Method.
3. User Conduct; User Disputes.
Psychics1on1 is not responsible for and is not liable for any Listing, Claims, or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release Psychics1on1 (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
4. Warranty Disclaimer.
PSYCHICS1ON1 DOES NOT PROMISE THAT THE WEBSITE OR PAYMENT SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE WEBSITE WILL PROVIDE SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE, USE OF THE SERVICES, OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE AND ALL SERVICES (INCLUDING PAYMENT SERVICES) AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE YOU DO SO AT YOUR OWN RISK. PSYCHICS1ON1 DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM PSYCHICS1ON1 SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. PSYCHICS1ON1 SHALL IN NO WAY BE LIABLE TO YOU DUE TO ANY DISRUPTION OR UNAVAILABILITY OF THE SERVICES, PAYMENT SERVICES, OR WEBSITE DURING WHICH REGISTERED USERS ARE UNABLE TO ACCESS OR USE THE SERVICES, PAYMENT SERVICES, OR WEBSITE OR ANY FAILURES THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF A PAYMENT OR THE SERVICES (INCLUDING PAYMENT SERVICES).
PSYCHICS1ON1 DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE PSYCHICS1ON1 WEBSITE AND PAYMENT SERVICES IS AT YOUR SOLE RISK.
5. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL PSYCHICS1ON1 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PSYCHICS1ON1 WEBSITE AND RELATED SERVICES AND CONTENT.
You agree to defend, indemnify, and hold Psychics1on1 and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms. In the event that third parties believe they are harmed by your User Content posted on the Site, and such User Content gives rise to violation of privacy claims, claims of infringement, claims related to use of a third party’s image in User Content without consent or any other claims of damage by a third party (each a “Third Party Claim”), then you agree to defend, indemnify, reimburse, and hold Psychics1on1 harmless from all costs and expenses (including reasonable attorneys’ fees) arising from such Third Party Claim. Psychics1on1 shall give you timely notice of and shall have the option to undertake and conduct the defense of any such Third Party Claim, if you are not diligently prosecuting such defense.
7. Modifications to these Terms.
We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. Psychics1on1 reserves the right to assign its rights and obligations under these Terms.
9. Choice of Law; Forum.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Psychics1on1’s™ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Psychics1on1 and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
11. Contact Us.
If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at: firstname.lastname@example.org