TERMS AND CONDITIONS

on Access Positive Services

NOTICE: Please read these Terms and Conditions For Business Use and the Privacy Policy carefully. By accessing this Website you agree to be bound by the Terms and Conditions set out herein and the Privacy Policy as amended from time to time. Access Positive recommends that you check these Terms and Conditions on each visit to this Website. If you do not wish to be bound by this and the Privacy Policy, you may not access or use the Website and should exit immediately.

accesspositive.com.au is mutually inspired and provides a range of individual online and phone services. From personal psychic readings to guiding and counselling services, our strategic and self explanatory mission at accesspositive.au is to provide you with a positive attitude towards life’s endless challenges.  

Definitions

Words within this Terms and Conditions are defined as follows:

1. Disclaimer of Warranties

1.1 The Website is provided on an "as is" and "as available" basis and Access Positive make no warranties or representations, whether express or implied, in relation to the Website, including but not limited to, implied warranties or conditions of completeness, accuracy or currency.

1.2 To the fullest extent permitted by law Access Positive make no warranty that Access Positive or the Website will meet your requirements or will be uninterrupted, timely, secure or error-free.

1.3 To the fullest extent permitted by law Access Positive will give no warranty as to results or the accuracy of any information on or obtained through the Website.

1.4 To the fullest extent permitted by law Access Positive make no warranty regarding any goods or services advertised on the Website or any later transactions entered into or through it.

1.5 You use the Website entirely at your own risk. Access Positive (including the Access Positive Group and their respective agents, employees and sub-contractors) shall not be liable to you or any other party for any losses or damages whatsoever howsoever arising in connection with the Website (whether under this licence or other contract or in consequence of any misrepresentation, misstatement or in tort or any omission including negligence).

1.6 This site and its owners are not liable for any direct, indirect, or incidental, consequential, or punitive damages arising from using this site and its content. Please continue with this service and have an accurate psychic reading, you will not be disappointed.

2. Limitations of Liability

2.1 Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury resulting from Access Positive's negligence or that of Access Positive servants, agents or employees or any other liability which is prohibited from being excluded by law.

2.2 Subject to Clause 2.1 above Access Positive shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever howsoever arising from or in any way connected with your use of the Website or accessing other Access Positive websites from it, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where Access Positive have been notified by you of the possibility of such loss or damage).

2.3 Fees apply on a number of the services offered. Note that accesspositive.com.au also provides a range of free informative and educative services online.

2.4 accesspositive.com.au promises to take all reasonable steps to ensure that the clients (customers) are given positive guidance. However if the client is requesting information relating to:

(a) Legal matters : It is recommended that clients seek advice from a solicitor/ lawyer

(b) Medical questions : the client should seek medical advice from a professional

(c) Business questions : the client should seek further advice from a financial adviser

(d) Mental disorders: the client should seek professional advice from a health professional or a psychiatrist.

2.5 accesspositive.com.au shall not be held liable for any stress or loss of income caused by any persons or event incurred in the process of providing a service to the clients.
 
2.6 accesspositive.com.au will not be held responsible for any damages that are the result of using this site. This includes:

(a) Failure of the site to conform to the manner of expectation

(b) Linguistic or other types of error

(c) Omissions

(d) Interruption in the services available on the website

(e) Computer virus delays

2.7 We are also not liable for any damages caused by:

(a) Damages caused to compensate someone from loss or injury

(b) Consequential Damages

(c) Incidental Damages

3. Psychic Readings

3.1 All psychic readings and consultations are intended to offer an insight into a person’s personal life and do not in any way, constitute legal, financial, or professional advice.

3.2 By engaging in a reading with any psychic or advice from any counsellor, you understand that we do not diagnose illnesses, including questions pertaining to pregnancy and death.

3.3 You also understand that the use of this website and its related sites is for referencing purposes and is not intended to be regarded as professional judgment or advice. Further, we do not represent that:

(a) the service will meet your requirements

(b) the service will be uninterrupted, timely, secure or error free

(c) any results obtained from using the service will be accurate, complete or current

3.4 We or anyone involved with the provision of these services shall not be liable for any damages arising from the inability to use the services or from errors caused by negligence or otherwise. We are not liable for delays in providing information or carrying out our obligations due to factors beyond our control.

4. Your Obligations

4.1 You are responsible for obtaining all necessary consents and permissions to access the Website.

4.2 You acknowledge, accept and agree that you:

(a) are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access and use the Website;

(b) will use the Website only in accordance with all relevant laws and not for any illegal purpose;

(c) will not distribute by any means computer viruses, macro viruses, trojan horses or worms to third parties;

(d) must not use the Website such that you cause the whole or part of the Website to be interrupted, damaged, and rendered less efficient or to in any way impair effectiveness or functionality of the Website;

(e) must not use the Website in any manner which constitutes a violation or infringement of any person, firm or company or its rights (including, but not limited to, third party intellectual property rights or confidentiality);

(f) must not use the Website to attempt any unauthorised access to any part or component of the Website or that of any third party;

(g) in the event that you have any right, claim or action against any User arising out of the use of the Website, then you will pursue such right, claim or action independently of and without recourse to Access Positive;

(h) must not carry out or participate in or promote or facilitate the carrying out or participation in any of the following:

i) altering or damaging the Website or Access Positive systems or those of related parties, or blocking Access Positive or their access to the Internet;

ii) forging or blocking your true identity;

4.3 You acknowledge and accept that you only have a personal non-exclusive non-transferrable licence to access the materials on the Website to search, view, copy and print out materials for your own use according to the terms of this agreement and that you may not use any materials in whole or in part for commercial exploitation without prior written permission from Access Positive. Without prejudice to any of the remedies or recourses Access Positive may have for the unauthorised assignment, transfer or use of the Website, all revenues derived by you from such unauthorised assignment, transfer or use shall belong solely to Access Positive.

5. Indemnity

You agree to indemnify Access Positive and their officers, directors and employees in full immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other person who may be authorised by you or for whom you are responsible or any other liabilities arising out of your use or the use by any person who may be authorised by you or for whom you are responsible (for example as an employer) of Access Positive and/or the Website.

6. Our Rights

6.1 Access Positive reserve the right to:

(a) deny access to all or any part of the Website;

(b) modify or discontinue, temporarily or permanently the Website without notice;

6.2 You confirm that Access Positive shall not be liable to you or any third party for any modification to or discontinuance of the Website.

6.3 Access Positive may change these Terms and Conditions and the Privacy Policy from time to time. Your continued use of any of the Website thereafter, will constitute acceptance of such changes. Access Positive reserve the right to terminate immediately without further notice your access to and use of the Website, if you do not accept any such changes.

7. Links

Access Positive may provide or you may include in email links to other websites or resources. You acknowledge and agree that Access Positive are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You agree that Access Positive will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or website available on such external websites or resources.

8. Intellectual Property and Rights to Use

8.1 You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, images, video, audio clips, games etc. presented on this Website or advertisers site whether in whole or in part is protected by local and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is owned or licensed to Access Positive and is vested in Access Positive or Access Positive's licensors.

8.2 The material and content contained on this Website is for viewing purposes only and you agree not to (and agree not to assist or facilitate any third party to) modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, commercially exploit or create derivative works of such material and content whether in whole or in part belonging to Access Positive or any third party proprietary rights and intellectual property except as provided for on the Website or expressly authorised in writing by Access Positive. All rights are reserved.

8.3 All copies or print out of this Website must include the copyright notice "© Access Positive 2003"

8.4 If you become aware of any such distribution or commercial exploitation you will let Access Positive know immediately.

8.5 Access Positive has no knowledge of any infringement of copyright on the Website, or in the products that Access Positive provides. However, if you believe Access Positive have infringed your copyright or trademark, please contact Access Positive at gp@iinet.net.au so the offending material can be removed or the situation rectified as soon as possible.

9. Severability

Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

10. No Waiver

No waiver by Access Positive shall be construed as a waiver of any proceeding or succeeding breach of any provision.

11. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Access Positive and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation and may be amended only by Access Positive on notice to you in accordance with these Terms and Conditions.

12. Relationship

Nothing in this Agreement shall constitute, or be deemed to constitute a partnership, joint venture, representative or agency relationship between you and Access Positive.

13. Titles

The section titles contained in these Terms and Conditions are for convenience only and have no legal or contractual effect.

14. Applicable Law

14.1 Access Positive from its office in Australia controls this Website (the "Territory"). By accessing this Website, you accept that any disputes about this Website or its contents are to be determined by the courts having jurisdiction in the Territory in accordance with Australian law (except any principle of conflict of laws inconsistent with this requirement).

14.2 This Website may be accessed throughout the Territory and overseas. Access Positive makes no representation that the content of this Website complies with the laws (including intellectual property laws) of any country outside the Territory. If you access this Website from outside of the Territory, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

15. Postal Contact Details

Access Positive Australia Pty Ltd

35 Meyrick Way

LANGFORD WESTERN AUSTRALIA 6147

Copyright©2003 Access Positive. All Rights Reserved

Privacy Policy

Access Positive Australia Pty Ltd and its associated companies.

1. Introduction
Access Positive is committed to protecting a person's privacy. Personal information identifies you as an individual rather than one member of a group. Please read this policy to understand how Access Positive collect and use information and the rights you have to protect your privacy.

2. Personal Information You Enter - Consent
Access Positive will ask for certain information from you so that Access Positive can provide you with the best content and Services Access Positive can. That is, content and Services you want to see and hear.

3. Use of Your Personal Information
3.1 Access Positive and its commercial partners may use your personal data for billing purposes or in order to serve relevant advertising to you.
3.2 Access Positive may receive information about you from reliable third parties and add it to the Access Positive database. Access Positive shall ensure that such third parties operate a similar ethical policy to Access Positive in relation to your privacy

4. Information Protection
Access Positive protect information received by establishing appropriate physical, electronic and managerial procedures to safeguard the information Access Positive collect. This helps prevent unauthorised access, maintains data accuracy and ensures that the information is used correctly.

5. Cookies
A cookie is a piece of information that is deposited by the Access Positive computer server when you visit the website which is stored on your computer's hard drive by your web browser. On revisiting the website, the Access Positive computer server will recognise the cookies, giving Access Positive information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance.

6. IP addresses
Every time you connect to this website, web server logs will be stored which show your IP address (the unique number which your machine uses when it is connected to the Internet); what you looked at; whether the page request was successful or not, and which browser you used to view the pages. The use of this data is strictly for statistical purposes and personalisation purposes only. This helps Access Positive understand which areas of the site are of particular interest and also which pages are not being requested. It also tells Access Positive how many hits and page requests Access Positive get.

7. General
7.1 Access Positive comply with the data protection laws of the countries in which Access Positive operate.

8. Last Update
This Privacy Policy was last updated on 14/09/2003.

Access Positive Australia Pty Ltd

Accesspositive.com.au Mission Statement

Access Positive Pty Ltd service is underpinned by the desire to provide a professional, cost effective and positive service strategy so as to be aligned with the positive growth and prosperity of our clients, suppliers and customers. To ensure that you find solutions and answers to every day problems or challenges that confronts you.

Terms and Conditions

accesspositive.com.au is mutually inspired and provides a range of individual online and phone services.accesspositive.com.au shall not be held liable for any stress or loss of income caused by any persons or event incurred in the process of providing a service to the clients.

One of the things I learned the hard way was it does not pay to get discouraged. Keeping busy and making optimism a way of life can restore your faith in yourself. - Lucille Ball