THE-PATTERNIST.COM – TERMS AND CONDITIONS
1. DEFINITIONS
“Agreement” means the contract that exists between the Customer and The-Patternist.com whereby The-Patternist.com agrees to provide the Customer with the services set out in the selected Services for the Services Fee, with such contract comprising these Terms and Conditions.
“Application” means an application for Services forwarded to The-Patternist.com for acceptance.
“ Customer” means a person or entity who completes an application for a service package offered by The-Patternist.com and enters into an Agreement with The-Patternist.com to provide on or more Services.
“Day” means business day.
“The-Patternist.com” is a business name and means BC Pty Ltd.
“Services” means all services of the type and nature as described in the schedule for each package.
“Service Fee” means the specified rate, price or lump sum amount for the performance of each item of the Services as adjusted in accordance with the Agreement.
“Terms and Conditions” means the terms and conditions of the Agreement.
“Website” means those of the Customer’s website or website which specifically are to be the subject of the Services.
2. AGREEMENT
2.1 The Customer is deemed to have accepted these Terms and Conditions if they:
- (a) tick the box in the Application acknowledging that they have read, understood and agree to be bound by these Terms and Conditions;
- (b) provide a written acceptance to these Terms and Conditions by email or by any other form of written communication:
- (c) accept by conduct, that is, they place an order with The-Patternist.com by any means or otherwise instruct The-Patternist.com to provide the Services:
2.2 These Terms and Conditions are to be read in conjunction with any other contractual documentation produced by The-Patternist.com in relation to the Services including the Customer Application.
2.3 The-Patternist.com is deemed to have accepted these Terms and Conditions on receipt of the Service Fees as cleared funds in its nominated bank account.
2.4 The date of the Agreement is the date on which The-Patternist.com receipts the Service Fees in its nominated bank account as cleared funds.
3. WARRANTIES BY CUSTOMER
3.1 The Customer warrants that they are the individual seeking the numerology or astrology reading, or are authorized to arrange such services on behalf of another individual. In cases where the individual arranging the services (such as a gift or for another party) and the recipient of the services are different, both parties will be regarded as the ‘Customer’ under these Terms and Conditions.
3.2 The Customer also guarantees that, upon request, they will furnish The-Patternist.com with any necessary documents or evidence required to demonstrate their authority or right to procure the services, especially in cases where they are arranging the reading on behalf of someone else.
4. CUSTOMER’S RESPONSIBILITIES
4.1 The Customer will:
- (a) disclose to The-Patternist.com all information in the Customer’s possession relevant to the provision of the Services;
- (b) comply with all legal requirements and requirements of all relevant statutory authorities relating to the Services;
- (c) provide The-Patternist.com with access to information required and to provide all necessary assistance to enable The-Patternist.com to provide Services safely in accordance with the Agreement;
- (d) make available as soon as is reasonably possible to The-Patternist.com all material requested by The-Patternist.com and or required to complete the Services.
- (e) notify The-Patternist.com in writing within 14 days prior of any issue. The Customer will remain liable under this Agreement unless released by The-Patternist.com in writing.
5. PERFORMANCE LEVELS
5.1 The Customer acknowledges that:
- a. While The-Patternist.com provides numerology and astrology reading services, these services are offered for entertainment purposes only. We cannot guarantee specific outcomes or life changes as a result of our readings. The nature of numerology and astrology is interpretative and should be enjoyed as a personal and recreational experience.;
- b. The-Patternist.com makes no warranty that a numerology or astrology Services will generate any increase in sales, business activity, profits or any other form of improvement for the Customer’s business or any other purpose;
- c. The use of the The-Patternist.com numerology and astrology Services is undertaken at the Customer’s own risk.
- d. The-Patternist.com provides numerology and astrology reports for entertainment purposes only. We do not guarantee the accuracy, numbers, or specific details presented in these reports or readings. Customers should view and interpret these reports or readings as recreational and not as definitive guidance for personal or professional decisions.
- e. The-Patternist.com offers a distinctive interpretation of numerology and astrology that differs from conventional practitioners. As such, the insights and readings provided should be regarded as purely for entertainment purposes. We advise against basing any significant personal or professional decisions solely on the contents of our reports.
5.2 The-Patternist.com numerology and astrology reading report can offer no guarantees of a correct function with all browser/software. General reports will be done in either word or pdf format.
6. EXCLUSION OF LIABILITY OF THE-PATTERNIST.COM
6.1 To the fullest extent permissible by law, The-Patternist.com will not be liable to the Customer for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of goodwill or loss of use of facilities or equipment), or any other damages whether arising from the negligence of The-Patternist.com or otherwise and where liability cannot be legally excluded, the liability of The-Patternist.com shall be limited to the cost of supplying the Services again.
6.2 The Customer agrees to indemnify The-Patternist.com for any third party claim for damages arising out of or in any way connected with the supply of Services by The-Patternist.com to the Customer, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of The-Patternist.com or otherwise.
6.3 The Customer expressly agrees to indemnify and hold harmless The-Patternist.com, its subsidiaries, affiliates, officers, agents and partners and its and their respective employees from and against all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable legal fees, disbursements and court costs) arising from or in connection with the Customer’s information and the Customer’s use of The-Patternist.com search engine optimisation services.
6.4 Whilst every endeavour will be made to ensure that the Website and any scripts or programs are free of errors, The-Patternist.com cannot accept responsibility for any losses incurred due to malfunction of the Website or any part of it.
6.5 The-Patternist.com cannot take responsibility for any copyright infringements and any other infringements of intellectual property rights including but not limited to patents and confidential information caused by materials submitted by the Customer. It reserves the right to refuse to use, incorporate or implement any material of a copyrighted or other legally protected nature unless adequate proof is given of permission to use such material.
6.6 Any additions to the Services will be carried out at the discretion of The-Patternist.com and where no charge is made by The-Patternist.com for such additions, The-Patternist.com accept no responsibility to ensure such additions are error free and reserves the right to charge an appropriate amount for any correction to the additions.
6.7 The-Patternist.com will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
6.8 The-Patternist.com will not be liable or become involved in any disputes between the registered proprietor of the domain name and its customers and cannot be held responsible for any wrongdoing on the part of a site owner.
6.9 The-Patternist.com shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Customer’s receipt of the account service data.
6.10 The-Patternist.com shall not be responsible for acts or causes beyond its control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
6.11 The-Patternist.com does not represent nor warrant that the Customer’s persona will achieve a favourable position, or any position, within a particular field or anything in particular.
6.12 The-Patternist.com does not warrant nor represent that the use or the results of the use of the materials available through the The-Patternist.com Services or from third parties will be correct, accurate, timely, reliable or otherwise.
6.13 Not withstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside The-Patternist.com’s control and could result in a breach of security. Accordingly, The-Patternist.com cannot guarantee that Customer data will be free from corruption or piracy. The Customer hereby expressly waives any claim against The-Patternist.com arising out of the loss of data through corruption, piracy, breach of security or for any other reason.
6.14 In relation to database applications and e-commerce development, The-Patternist.com cannot take responsibility for any losses incurred by the use of any software created for the Customer. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Customer in ensuring that all software is functioning correctly before use.
6.15 While The-Patternist.com offers numerology and astrology insights, we cannot assure uninterrupted availability of our services. Therefore, The-Patternist.com is not liable for any losses, whether direct or indirect, including but not limited to loss of turnover, sales, revenue, profits, or any other consequential or special damages that may result from service unavailability, malfunctions, or interruptions.
6.16 The-Patternist.com reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any free or paid service should the necessity arise.
7. SERVICE FEES AND PAYMENTS
7.1 The-Patternist.com’s are payable in advance and payment options are detailed on the The-Patternist.com site.
7.2 If the Customer fails to pay the Service Fees as required The-Patternist.com may at its sole discretion continue to provide the Services for up to 0 days without suspending or terminating the Agreement.
7.3 If additional work is performed by The-Patternist.com as a result of changes requested by the Customer which were not contemplated by the parties at the date of the Agreement or which resulted from a default by the Customer, The-Patternist.com may make a reasonable additional charge for the additional work performed by it.
7.4 In the event that the Customer fails to make payment of The-Patternist.com invoices, without prejudice to any other rights The-Patternist.com has under the Terms and Conditions, interest will accrue at the rate of 2 per centum per month on any outstanding amount.
7.5 In the event of default of payment by the Customer, the Customer hereby indemnifies The-Patternist.com against all costs and expenses however arising from such default and further all debt recovery costs including legal costs on a solicitor/own client basis and any mercantile agent’s cost at a commission rate of not exceeding 18 per centumper annum or otherwise incurred by The-Patternist.com or for which The-Patternist.com has a liability shall be deemed to be part of the indebtedness of the Customer to The-Patternist.com.
7.6 The-Patternist.com has the right to suspend the provision of the Services in the event of non payment for the same by the Customer of accounts rendered by The-Patternist.com for the period of 0 days;
7.7 Due to the nature of the Services there are no refunds available on Service Fees paid to The-Patternist.com.
7.8 All The-Patternist.com charges are to be paid via the stripe shopping cart option on the site or otherwise by prior written arrangement with The-Patternist.com.
8 TERMINATION
8.1 If the Customer alleges that The-Patternist.com is in breach of any of the terms of the Agreement including the Terms and Conditions and The-Patternist.com is in such breach, the Customer cannot terminate the agreement without first giving The-Patternist.com an opportunity to remedy the alleged breach by serving The-Patternist.com with a notice specifying in detail the alleged breach and stating that The-Patternist.com has 14 days to remedy such breach, failing which the Agreement will be terminated.
8.2 The Customer may terminate the Agreement by giving written notice of its intention to do so at least 5 days before the end of the month, or Service Agreement period. If the Customer fails to do so, the Agreement will be renewed for the next months or Agreement period and be governed by the Terms and Conditions until terminated under this clause or under the other provisions of the Agreement.
8.3 The-Patternist.com may vary the Terms and Conditions by giving the Customer not less than 5 days written notice of such variation (including the fees and charges of The-Patternist.com) and the variation(s) will take effect if the Agreement is renewed or no objection is otherwise raised.
8.4 The-Patternist.com may terminate the Agreement immediately by written notice to the Customer where the Customer:
- (a) becomes bankrupt, or insolvent, or becomes subject to external administration; or
- (b) commits a substantial breach or default under the Agreement; or
- (c) repudiates the Agreement;
8.5 Where The-Patternist.com issuesa notice in accordance with 8.4, the Customer must immediately pay The-Patternist.com the sum of all monies due and payable but unpaid.
9 THE-PATTERNIST.COM’S RIGHTS
9.1 Any remedy of The-Patternist.com under these Terms and Conditions is in addition to and not in substitution for any remedy which The-Patternist.com has in law.
9.2 If the Customer unlawfully terminates, The-Patternist.com at its sole discretion may remove data which it placed on the Website.
9.3 Any scripts, cgi applications or software (unless specifically agreed) written by The-Patternist.com remain the intellectual property of The-Patternist.com and are subject to copyright and may only be commercially reproduced or resold with the express written permission of The-Patternist.com.
10 PRIVACY
10.1 The Customer acknowledges that The-Patternist.com maintain a privacy policy the and Customer agrees that subject to compliance with that policy the Customer’s personal data may be used and retained by The-Patternist.com for the following purposes:
- (a) provision of good & services;
- (b) marketing of good & services; and
- (c) processing any payment instructions.
11 CONFIDENTIALITY
11.1 Notwithstanding that this Agreement shall have terminated or expired, each party agrees to keep in confidence and prevent the unauthorised use or disclosure to any unauthorised person or persons of all Confidential Information which is received under this Agreement and to use such data only for the above stated purpose.
11.2 Confidential Information shall include information disclosed orally only if identified as proprietary information at the time of the first oral disclosure and reduced to writing and so designated within thirty (30) days thereof. Neither party will be liable for use or disclosure of any such Confidential Information if the same:
- (a) is in the public domain at the time it is disclosed; or
- (b) is known to the receiving party at the time of disclosure; or
- (c) is used or disclosed with the prior, written approval of the disclosing party; or
- (d) is used or disclosed after five (5) years from the date it was first disclosed by the disclosing party to the other party pursuant to this Agreement; or
- (e) Is independently developed by the receiving party; or
- (f) Becomes known to the receiving party from a source other than the disclosing party without a breach of this Agreement by the receiving party.
11.3 In maintaining the confidentiality of Confidential Information received hereunder, each party shall exercise the same degree of care that the receiving party takes to safeguard its own proprietary information.
12 GENERAL DISCLAIMER
12.1 Whilst every effort is made by The-Patternist.com to verify the information and articles it publishes on its site the Customer acknowledges that the information is intended to be general in nature only and may not be current at the time of its consumption or otherwise may not be suitable to their specific needs or circumstances of the Customer. No liability is accepted by The-Patternist.com for the use or misuse of this information and any reliance is undertaken at the sole risk of the Customer.
13 MISCELLANEOUS
13.1 These Terms and Conditions shall be governed by, performed under, and construed in accordance with the laws of the State of Victoria and the parties hereto agree to submit to the jurisdiction of the courts of Victoria.
13.2 If any provision or any part of a provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provision or such part of a provision which shall be deleted.
13.3 The-Patternist.com can assign it rights under the Agreement upon the provision of 30 days written notice to the Customer. The Customer cannot assign its rights under the Agreement without the express written consent of The-Patternist.com. 13.4 Where a dispute arises between the parties each part has an obligation to mediate that dispute before applying to the appropriate Court for a determination.