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Reader Terms and Conditions

Updated February 15, 2013

LIFEREADER READER AGREEMENT

Life Com Limited, trading as Lifereader ("Lifereader") welcomes you (the "Reader") to join its community, allowing you full access to the Reader's sections of the website located at www.lifereader.com, (and its associated sites)(the "Site").

Lifereader provides the Site via its hosted platform to connect individual members ("Customers") with readers through telephone, online chat or email. Readers are targeted toward Customers searching for astrology, psychic insight and life coaching (the Services).

Access to and use of the Reader's sections of the Site are provided by Lifereader to the Reader on the condition that the Reader accepts the terms and conditions of this Agreement and by accessing or using the Reader's sections of the Site the Reader agrees to be bound by the terms of this Agreement.

1. Membership

1.1 Where a person wishes to join Lifereader to provide Services he or she will be required to register as a Reader and provide all the requested details in the "[Become a Reader]" tab.

1.2 Lifereader's prior approval is required in order to act as a Reader. This approval is at the discretion of Lifereader and will be considered following a Reader's application. Once an application is accepted, the Reader will be given a profile page on the Site.

1.3 The Reader warrants that he or she:

  1. is over 18 years of age;
  2. has provided current, complete and accurate information on the registration form (Reader Information);
  3. will update the Reader Information as required to keep it current, complete and accurate;
  4. will select a name to be used when he or she is available to provide the Services through the Site (Reader Name);
  5. will keep secret the password used by the Reader when accessing the Services;
  6. is responsible for all activities that occur through the use of the Reader Name; and
  7. will notify Lifereader immediately if the Reader believes the Reader Name and password are no longer confidential so that Lifereader can cease relying on that password.

1.4 Lifereader may terminate the Reader's membership with or without cause at any time at its sole discretion.

2. Transaction Process and Services

2.1 Lifereader will provide the Reader with access to its video/phone/chat or email communications systems which allow the Reader to communicate directly with Customers.

2.2 Customers will select the Reader from whom they wish to receive advice. Where the Reader agrees to provide the Services, Lifereader will provide the option for the Customer to connect with the Reader through an 0800 number service, a hosted phone line, chat through a hosted chat window or email advice through the Reader's Lifereader provided email address (Advice Session) as selected by the Customer.

2.3 The Reader will be rated by its Customers following the Advice Session. Such ratings will be available to be viewed on the Site. Lifereader assumes no responsibility for any Customer rating or feedback or for monitoring such ratings or feedback.

2.4 Lifereader will perform occasional recording and monitoring of Advice Sessions in order to analyse and develop improvements to the Services and the Site.

3. Pricing, Billing and Personal Account

3.1 The Reader will elect a per minute pricing level from the available pricing tier for phone and chat Advice Sessions. Email consultations will be charged at the amount agreed between the Reader and Customer.

3.2 Each Advice Session will be timed and priced according to the multi currency pricing tier rate chosen by the Reader. For payment purposes all amounts will be converted into New Zealand dollars in accordance with the current billing policy in place at the time and will be subject to exchange rate fluctuations.

3.3 Lifereader may in its sole discretion change the billing policy at any time. Reader's continued provision of Advice Sessions will constitute acceptance of the new billing policy.

3.4 Payment to Reader is dependent on receipt of payment from Customers to whom the Reader provides Advice Sessions. Where a Customer does not pay for the Advice Session the Reader may not receive payment for that Advice Session, or it may be deducted from future payments due to the Reader.

3.5 The Reader will be entitled to a fee for providing Advice Sessions and Lifereader will be paid a commission on each Advice Session in accordance with Lifereader's current billing policy ("Commission"). The Reader's fee will be accrued and, once the Reader has accrued more than NZ$200 (as defined on the "My Lifereader" page), the Reader will be paid by the 20th of each month for the previous month's fees based on Lifereader's current billing policy. If for reasons outside Lifereader's reasonable control any fees are not paid to the Reader, Lifereader will not be liable to the Reader for any loss of temporarily withheld income.

3.6 Lifereader will act as the Reader's agent for the purposes of payment and the Reader is responsible for his or her all tax obligations in relation to such payments.

3.7 Where the Customer has not paid Lifereader for a particular Advice Session Lifereader may in its sole discretion set off the outstanding amount against any fees owing to the Reader. Where the Reader is not owed any fees Lifereader may invoice the Reader for the outstanding amount owed to Lifereader.

3.8 Lifereader may deduct its Commission immediately following receipt of payment from a Customer.

3.9 The Reader's Fees are held by Lifereader as agent for the Reader until they are paid in accordance with clause 3.5. Any interest earned on those Fees will belong to Lifereader.

3.10 Lifereader's communications systems will be the sole determinant of amounts owing to the Reader and no communication will be entered into regarding disputed amounts.

3.11 If Lifereader is required to make any deduction or withholding from any amount payable to the Reader, the amount in respect of which the deduction or withholding is to be made will be increased to the extent necessary to ensure that, after the deduction, or withholding, Lifereader receives and retains (free from any liability in respect of any such deduction or withholding) a net amount equal to the amount which it would have received had no such deduction, or withholding payment been made.

3.12 Where the Readers account has been terminated either at the Readers request or at the discretion of LifeReader, LifeReader may withhold all or a portion of the Readers unpaid earnings for a period of six months from account termination date. After this time LifeReader will transfer the Readers earnings payable less any required deductions.

3.13 Where the Reader uses the Services of another reader , the Reader may elect to use his or her profile to utilise the Customer sections of the Site. The Reader will pay for the Services of other Reader's in the same manner that Customers pay for the Services, or Lifereader may deduct the amount for those Services from any monies owing to the Reader by Lifereader.

3.14 Where the Reader has not accessed his or her account on the Site for more than 18 months, the Reader's account will be deemed to be terminated and any unpaid earnings will be forfeited to Lifereader.

3.15 Where the Reader has breached the Reader Rules of Conduct clauses 4.1 or 4.2 and had their Reader account terminated, any unpaid earnings will be forfeited to LifeReader.

4. Reader Rules of Conduct

4.1 The Reader:

  1. will comply with the terms and conditions of this Agreement;
  2. will provide correct and accurate representation of skills, degrees, qualifications, background and other relevant information on the Site and will not provide Services in areas where he or she is not qualified;
  3. acknowledges that the content of any Services provided by the Reader will be owned by Lifereader and that Lifereader may use this content in any manner it chooses;
  4. acknowledges that all contact between Customers and Readers must be conducted through the Site and its communications framework;
  5. will not encourage a Customer to purchase competing services;
  6. will not take any action to manipulate the integrity of the Customer feedback ratings;
  7. will not transmit though the Site or during any Advice Session anything that could constitute harassment or that is abusive, threatening, defamatory, racist, harmful or otherwise objectionable; and
  8. will not disclose any information provided during an Advice Session and will use his or her best efforts to maintain the Customer's privacy.

4.2 The Reader may only use the Site for lawful purposes and will not:

  1. use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other person's use and enjoyment of the Site;
  2. attempt to gain unauthorised access to any other Reader's accounts, computer systems or networks associated with the Site; or
  3. attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
5. Representations and Warranties

5.1 The Reader warrants that:

  1. the Reader possesses the requisite knowledge and intellectual property rights necessary to provide the Services;
  2. this constitutes the Reader 's binding obligation, enforceable against the Reader in accordance with its terms.
6. Disclaimer

No warranty, express or implied, is made with respect to Lifereader, including any implied warranties of merchantability or fitness for a particular purpose. Lifereader does not warrant that the functions offered by Lifereader will meet the Reader's requirements, or that the Site will be error free, or free from unauthorised intrusion. Lifereader is not responsible for the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written during any Advice Session or through the Services in general. Lifereader will not, under any circumstances, be liable to the Reader or any other person for any special, incidental, consequential, or other damages resulting from the use of the Site, including reliance by any person on information obtained through the Site, virus transmission, or deletion or loss of files or e-mail, loss of data or information of any kind, loss of profit, or liability to third parties, however caused, whether by the act or negligence of Lifereader or otherwise.

7. Indemnity

The Reader releases and indemnifies Lifereader against all actions, claims, costs (including legal costs and expenses), losses, proceedings damages, liabilities or demands suffered or incurred by Lifereader in connection with the Reader's failure to comply with this Agreement or the Reader's failure to complete a Service or Advice Session.

8. Miscellaneous

8.1 The Site is controlled, operated and administered by Life Com Limited trading as Lifereader in Auckland, New Zealand. The Site can be accessed across New Zealand, and overseas. As each country has laws that may differ from those of New Zealand, The Reader acknowledges that this Agreement is governed under the laws of New Zealand and submits to the exclusive jurisdiction of the New Zealand Courts.

8.2 If Lifereader is required to issue proceedings to enforce any of its rights, or to collect any fees, the Reader will reimburse Lifereader for its legal fees, costs and disbursements.

8.3 Lifereader may change this Agreement at any time. All changes to the Agreement will be effective from the date they are changed. The Reader's continued use of the Site will constitute the Reader's acceptance of such changes and the Reader is encouraged to check this Agreement regularly

8.4 Lifereader's failure to insist on strict performance of any provision of this Agreement will not be construed as a waiver of that or any other provision.

8.5 Except for the purposes set out in clause 3.5 nothing in this Agreement will create a joint venture, agency or employer or employee relationship between the Reader and Lifereader.

8.6 If any provision of this Agreement is invalid or unenforceable the remaining provisions will remain in full force and effect.

8.7 No rights or obligations under this Agreement may be assigned without Lifereader's prior written consent.

8.8 Any notice to be given in terms of this Agreement must be in writing made by email transmission sent to the last known email address provided by the Reader on its registration details or by the Reader to support@lifereader.com. Any communication by email will be deemed to be received when transmitted to the correct email address of the Reader.

9. Contact

Any concerns relating to the Site or this Agreement, should be notified to Lifereader at support@lifereader.com