Terms of Service

Outlined below are the Website Terms and Conditions of Use. 

Index

1. About the Website
2. Acceptance of the Terms
3. Registration to use the Services
4. Your obligations as a Member
5. Payment 
6. Refund Policy
7. Cancellation Policy 
8. Delivery
9. Astrology Reading: Requirements
10. Astrology Reading: Unknown time of Birth 
​11. Copyright and Intellectual Property ​

12. Privacy 
13. Disclaimer 
14. Limitation of Liability ​
​15. Termination of Contract
16. Indemnity 
​17. Dispute Resolution ​
18. Venue and Jurisdiction 
​19. Independent Legal Advice
​20. Severance 

1. About the Website

1.1. Welcome to www.caistrology.com the (“Website”). The Website provides Astrology readings, Tarot Card readings and Event Bookings (the ‘Services). ​
1.2. The Website is operated by Cailin Simone (ABN 73 921 735 899). Access to and use of the Website, or any of its associated Products or Services, is provided by Cailin Simone. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

2. Acceptance of the Terms ​

2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Cailin Simone in the user interface.

3. ​Registration to use the Services

3.1. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including, but not limited to:

1. Name
2. Email address
3. Mailing address
4. Telephone number
5. Town, state/province, country of birth
6. Date of birth
7. Time of birth

3.3. You warrant that any information you give to Cailin Simone in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
3.5. (a) You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Cailin Simone; or
(b) You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(a) the Terms; and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Cailin Simone of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Cailin Simone providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Cailin Simone. 
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Cailin Simone for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited. ​

5. Payment ​

5.1. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:
(a) Credit Card Payment (‘Credit Card’)
(b) PayPal (‘PayPal’)
(c) Electronic funds transfer (‘EFT’) into her nominated bank account
5.2. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that Cailin Simone can vary the Services Fee at any time.

6. Refund Policy ​

6.1. All Services are non-refundable.
​6.2. Exception:
Cailin Simone will only provide you with a refund of the Services Fee in the event that she is unable to continue to provide the Service(s).

7. Cancellation Policy 

7.1. If you need to reschedule your reading, you MUST provide more than 24 hours notice. 
​(i) To reschedule your appointment, please email [email protected] 
7.2. Failure to provide more than 24 hours notice when cancelling your reading will result in the cancellation of your appointment without refund or opportunity to reschedule. 
7.3. If you are late to your Zoom video reading, that time will be forfeited from the overall duration of your appointment without compensation. ​

8. Delivery

8. Zoom video call Readings:
You will have the option to record your Zoom video call reading using the Zoom program. 
(i) The onus is on you to ensure you click 'record' during the Zoom video call session 
(ii) If you cannot record the reading and Cailin Simone records it for you (with your permission and at your behest) then a link with the reading will be provided within 2 business days via email 
(iii) You must download the recording of your reading within 7 days from the time it is emailed to you 
(iv) Cailin Simone is not responsible for any malfunctions or the loss of the recording, nor does she keep a copy of the recording beyond 7 days, so it is imperative that you download your reading within the 7 days 
(v) Readings will not be cancelled or rebooked due to a malfunction of the 'record' button or loss of the recording

9. Astrology Reading: Requirements

9.1. At checkout, you will be asked to provide personal details of the subject of the reading (whether you are buying for yourself or on behalf of someone else). The following details are required for an accurate Astrology Reading: 
(i) Town, state/province and country of birth 
(ii) Date of birth: DD/MM/YYYY 
(iii) Time of birth: __:__ AM/ PM (within 5 minutes) 

10. Astrology Reading: Unknown time of Birth 

10.1. You can still purchase an Astrology Reading without providing a birth time. At checkout, please write "unknown" in the time of birth checkbox. 
10.2. If your birth time can be narrowed down to within 30 minutes, please include it in the special instructions at checkout and write "not exact" in the option field. 
10.3.(i) Birth Chart reading
It is impossible to generate House Placements (including your Ascendant and Midheaven signs) without a time of birth. If you purchase a reading without providing your time of birth, you must acknowledge and understand that your reading will not cover all the same areas that are stipulated in the Service description. Your reading will be focussed on your planetary signs and major aspects instead. 
10.3 (ii) Forecast readings 
If your time of birth is not exact (within 10 minutes), your Forecast reading can be performed using your Sun sign instead of your Ascendant sign. Please note that this can affect the accuracy of your reading.  

11. Copyright and Intellectual Property ​

11.1. The Website, the Services and all of the related products of Cailin Simone are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, photographs, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Cailin Simone or her contributors.
11.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Cailin Simone, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
Cailin Simone does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Cailin Simone.
11.3. Cailin Simone retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process the is the subject of a patent, registered design or copyright (or an adaption of modification of such a thing, system or process), to you.
​11.4. You may not, without the prior written permission of Cailin Simone and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in public domain.

12. Privacy

8.1. Cailin Simone takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Cailin Simone’s Privacy Policy, which is available on the Website. ​

13. Disclaimer 

13.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
13.2. Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Cailin Simone will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonable foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply fo the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty, officers, employees, agents, contributors and licensors of Cailin Simone make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Cailin Simone) referred to on the website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Cailin Simone; and
(iv) the Services or operation in respect to links which are provided for your convenience

14. Limitation of Liability ​

14.1. Cailin Simone’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
14.2. You expressly understand and agree that Cailin Simone, her affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

15. Termination of Contract

15.1. The Terms will continue to apply until terminated by either you or Cailin Simone as set out below.
15.2. If you want to terminate the terms, you may do so by:
(i) providing Cailin Simone with 14 days notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Cailin Simone has made this option available to you. Your notice should be sent, in writing, to Cailin Simone via the ‘Contact’ link on her homepage.
15.3. Cailin Simone may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Cailin Simone is required to do so by law;
(iii) the provision of the Services to you by Cailin Simone is, in the opinion of Cailin Simone, no longer commercially viable. 15.4. Subject to local applicable laws, Cailin Simone reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in her sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Cailin Simone’s name or reputation or violates the rights of those of another party. ​

16. Indemnity ​

16.1. You agree to indemnify Cailin Simone, her affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all action, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms. ​

17. Dispute Resolution ​

17.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
17.2. Notice
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. ​
​17.3. On receipt of that notice (‘Notice’) by that other party, the parties to the terms (‘Parties’) must:

1. Within 14 days notice of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the meditation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Melbourne, Australia.

17.4. Confidential: 
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. 
17.5. Termination of Mediation: 
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. 

18. Venue and Jurisdiction ​

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature airing out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. ​

19. Independent Legal Advice

19.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade. ​

20. Severance ​

20.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. ​