TERMS OF SERVICE

Terms of Service

We are thelunarmermaid.com (‘we’, ‘us’ or ‘our’).

We, operate the website thelunarmermaid.com (the ‘Site’), as well as any other related products and services that refer or link to these legal terms. (the ‘Legal Terms’) (collectively, the ‘Services)

You can contact us via contact.thelunarmermaid@gmail.com

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and thelunarmermaid.com. You agree that by accessing the Services, you have read, understood and agreed to be bound by all of these Legal Terms. Ie. In booking with me you are agreeing to my terms of service.

Terms of service are as stated below, please ensure you read in full before clicking ‘agree’ to be fully informed in what is required in booking in a service with me.

Service is defined as by booking in a service through thelunarmermaid.com, purchasing tickets to event through thelunarmermaid.com, and definition of Service can change as my services change over time. We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will be coming effective upon posting or notifying you by email from contact.thelunarmermaid@gmail.com

1. THE SERVICES

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

All Services are professionally interpreted and should not be taken 100%. By undertaking of a service you understand it is purely for self reflection and self-education purposes. All Services promoted on the Site should not replace professional advice. It is only with your complete understanding and acceptance of this and the following terms of Service that a Service will take place.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extend local laws are applicable.

The Services are not tailored to comply with industry service regulations, they are self governed.

The client agrees to provide accurate and truthful information about any relevant details that might affect the Services Process. The client will also ensure the safety of all individuals and pets. The Lunar Mermaid is not responsible for harm or loss caused during House Visit Services or 1:1 In Person Services. 

The services provided are not a substitute for professional medical, psychological, or legal advice, and the client is encouraged to seek appropriate counsel for such matters.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property:

We are the owner or the licensee of all intellectual property rights in our Services including all text, video, functionality, audio, photographs, graphics in the Services (collectively, the ‘Content’), as well as trademarks, service marks and logos contained therein (the ‘Marks’).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access.

Solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to contact.thelunarmermaid@gmail.com. IF we grant you permission to post, reproduce or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the services, Content and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions:

Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: by directly sending us any question, comment, suggestion, idea, feedback or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

You are responsible for what you post or upload. By sending us Submissions through any part of the service you:

• Confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services and Submission that is illegal, harassing, hateful, harmful, demagogy, obscene, bulling, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• Warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS 

By using these Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, AI, script or otherwise; (4) you will not use the Services for any for any illegal or unauthorised purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Incorrect/Incomplete (birth-time) Information required for Services can result in cancellation, without notice, of your booking, and possible re-scheduling to a later time when this information can be provided with trust and correct use under this section.

4. PRODUCTS

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

5. PURCHASES AND PAYMENT

All payments and bookings are final for Services to take place.

Payment is to be completed and successful in order to book in for a service or consultation.

No refunds on bookings or tickets.

Re-scheduling can be organised one time (1x), 48 hours prior to scheduled booking and this is to be communicated directly ASAP (as soon as possible) via email or contact form on thelunarmermaid.com.

If you are dissatisfied with your service, a discount will be allowed to further consult and re-establish your intention in working together OR a  referral to another consulting Astrologer or specialist Mystic will be provided to you.

Thelunarmermaid.com reserves the right to refuse service for any reason especially in concerns of safety of any parties.

Free consultations are only currently available via Zoom. Sign up to my email list to be first in the know when in-person free consultations become available!

All booked times are strict, so please ensure you select the appropriate length reading for you and your needs.

All discounts expire after 12 months.

We accept the forms of payment provided at checkout by website host, this may or may not include CC, PayPal and Money Order.

You agree to provide current, complete, and accurate purpose and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be full and complete before Service is provided.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order or securing a booking. We reserve the right to correct any errors or mistakes in prices, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may in our sole discretion, limit or cancel quantities purchases per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders or bookings that in our sole judgement, appear to be placed by dealers, resellers or distributors.

Please respect my energetic boundaries.

6. REFUNDS POLICY

All sales are final and no refund will be issued. 

7. SOFTWARE

We may use software in connection with our Services. If such software is accompanied by an end user license agreement (‘EULA’), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided ‘AS IS’ without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

Please complete questionnaires and keep confirmation emails using the appropriate software to ensure you are available at the time you have booked on thelunarmermaid.com.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically or artificially retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud or mislead us and other users, especially in any attempt to learn sensitive information
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the services.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of Capital letters, Emoji and spamming (continuous posting of excessive and or/repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifts’), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
• Interfere with, disrupt, or create an undue burden on the Services or the Networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript or Other Code.
• Except as permitted by applicable law, decipher, decompile, dissemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation any robot, spied, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and or/email addresses of the users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or other use the Services and/or content for any revenue-generating endeavour or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.

9. USER GENERATED CONTRIBUTIONS.

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you may transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that;

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violent against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or disability.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENCE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11. TERM AND TERMINATION

These Legal Terms shall remain in full force and affect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

12. MODIFICATIONS

We reserve the right to change, modify or remove the contents of the Services at any time for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection there within.

17. GOVERNING LAW 

These Legal Terms shall be governed by and defined following the laws of Australia.

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS WITHOUT THE SERVICES (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND /OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION  STORED THERIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJEN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of booking appointment or similar. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

The Lunar Mermaid pledges to treat all information disclosed by the client during the consultation and cleansing process with the utmost confidentiality. Client information will not be shared with third parties without explicit consent, except as required by law.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND SIMILAR.

21. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. Your research is key, as you hereby waive any and all defences you may have based on the form of these Terms and lack of signing by parties hereto to execute these Legal Terms.

By agreeing to these Terms you agree to please respect my energetic and personal boundaries wherever reasonable.

22. CONTACT US

Please respect energetic boundaries and contact first via emailcontact.thelunarmermaid@gmail.com