The use of our Services and/or our Products implies your
acceptance of these General Terms and Conditions of Use. If you do not accept
the General Terms and Conditions of Use, you must stop using our Services
and/or Products.
Last Updated 23/10/2020
Welcome to Boltie The Phoenix!
These General Terms and Conditions of Use:
We invite you to read this document very carefully.
About boltie.co.za
Any personal information provided to or gathered by Boltie The Phoenix is controlled by:
SitePad.com
Ask Astrology is a personal blog devoted to spirituality, organic, art, food and travel.
THE SERVICES AND ADVICE OFFERED ON
THE BOLTIE THE PHOENIX WEBSITE AS WELL AS IN THE ASSOCIATED EMAILS AND ELECTRONIC
SERVICES ARE EXCLUSIVELY INTENDED FOR ENTERTAINMENT PURPOSES AND ONLY SUCH
PURPOSES WHICH ARE NOT CONTRARY TO ANY APPLICABLE LAW OR REGULATION.
Boltie The Phoenix does everything within its power for you to
enjoy top quality electronic services and to provide you with useful advice and
Products. However, we cannot be held responsible for the consequences of your
actions with regard to your personal interpretation of this advice. Under no
circumstances should the information presented with our Services and/or
Products replace any recommendations that you may have received from legal,
health or financial professionals, or for any other field of activity.
Access to our Services
In order to access and use the Services and/or Products
offered by boltie.co.za, you must be an individual person, be over the age
of legal majority in your country of residence, have the legal capacity to use
a website, not be in a precarious financial situation (over-indebtedness), nor
suffer from Alzheimer’s or any other mental, neurodegenerative disorders or
even disorders caused by aging. The content of our website is not directed at,
or intended for distribution to or use by any individual who is a citizen or
resident of, or located in, any jurisdiction where such distribution,
publication, availability or use would be contrary to applicable law or
regulation.
You must also have Internet access. The costs of the
telephone calls which enable a connection to the Internet and to the Website
are borne entirely by you.
Finally, you must own the necessary equipment to provide
this connection to the Internet (computer, modem, etc.) as well as an
electronic login and address. For some of our Services and/or Products we
recommend having a printer.
Acceptance Procedure
By accessing materials on Boltie The Phoenix you agree with these
Terms of Service. The Site includes, without limitation, all content,
information, text, questions, comments, ideas, graphics, images, tools, and
software programs contained in the Site and related materials. Boltie The Phoenix reserves the right, at its sole discretion, to change these Terms of Use from
time to time, and your access to the Site will be deemed to be your acceptance
of, and agreement, to any such changed terms and conditions.
Internet technology and the applicable laws, rules, and
regulations change frequently. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO
MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS OF SERVICE AT ANY TIME AND EACH
SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE
TERMS IS NOTED UNDER THE HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS
PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING
OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.
Privacy Policy
Boltie The Phoenix knows that the privacy of your personal
information is important to you. Therefore, we have established a Privacy Policy which
is part of this Agreement.
Our Services
The Site provides health and wellness content,
information, and access to e-mail consultations (“Content”). Although the
Content may be viewed via a standard Internet connection and the Site and
certain e-mail/offerings are free and open to the public, certain premium
services may require registration and/or payment (the “Services”). Services are
available to individuals over the age of 18. In addition, the Site does not
permit use of the Services by residents of any jurisdiction that may prohibit
our Services. You certify that the information given to Boltie The Phoenix on
registration is true and complete. Boltie The Phoenix will not be responsible for
any false statements made in registration.
Rules of Services
Note that accounts only remain active and valid for a period
of 12 months from the date of the last advice. We reserve the right to
refuse service to any person for any reason. We also reserve the right to
pursue legal action against any person who commits fraud, or otherwise violates
applicable laws, on our Site or using our Services. Furthermore, a customer
service advisor has the right to terminate communication at anytime if a
customer’s comments and/or behavior is deemed by the customer service advisor
to be inappropriate, abusive, or threatening. The customer service advisor will
report the termination to Customer Service and such a customer may be denied
future access. Any such report made by a customer service advisor to us shall
not be deemed a violation of our Privacy Policy.
Termination of Account
These Terms of Use will take effect at the time you visit
the Site. Boltie The Phoenix reserves the right at any time and for any reason to
deny you access to this Site or to any portion thereof in order to protect its
name and goodwill, its business, and/or other users, and Boltie The Phoenix shall
have the right to immediately terminate a user’s account in the event of any
conduct by a user which Boltie The Phoenix in its sole discretion, considers to be
unacceptable, or in the event of any breach by a user of these Terms of Use.
Termination will be effective without notice. You may also terminate these
Terms at any time by ceasing to use the Site, but all applicable provisions of
these Terms will survive termination, as identified below. Upon termination,
you must destroy all copies of any aspect of this Site in your possession. The
provisions concerning Boltie The Phoenix proprietary rights, Submissions, indemnity,
disclaimers of warranty and liability, admissibility of these Terms, and
governing law will survive the termination of these Terms for any reason.
Our Satisfaction Guarantee
We don’t guarantee that our customer service feedback will
come true, but we do our best to ensure that you are satisfied.
Discounts
Unless otherwise noted, all coupons, discounts and special
offers are valid for a limited period of time, can be used only once and may
not be combined. We reserve the right to change these Terms of Service,
discounts on other bonus point promotions at anytime without notice.
Limitation of Liability
To the extent permitted by the applicable law, in no event
shall SitePad, its suppliers and service providers accept liability to
any person for any direct or indirect loss of profits, revenue or data, or for
indirect, special, consecutive, aggravated, or punitive damages or interest,
whether in contract or in tort, including negligence, or otherwise, arising out
of or related to the use of all or part of these web pages, even if SitePad has been advised of the possibility of the same.
To the extent permitted by the applicable law, the total
liability of SitePad, its suppliers and service providers, for any claim
arising from these General Terms and Conditions of Use, including for any
implicit warranty, is limited to the amount you paid us to use our Services.
Under no circumstances can SitePad, its suppliers,
and service providers be held liable for any loss or damages which were not
reasonably foreseeable.
We recognize that, in some countries, you can enjoy certain
rights as a consumer. No clause in these General Terms and Conditions of Use
limits the consumer’s legal rights which cannot be waived by any contract.
Disclaimer – No Professional Advice – No Reliance on the
Term “Expert”
Information provided through our services, on the site and
in Boltie The Phoenix materials, including but not limited to the information
provided, telephone and e-mail consultations, as well as the
text, graphics, images, and tools posted on various pages, is for informational
and entertainment purposes only. The names and faces of some of our experts
have been altered in order to protect the personal identity of our astrologers
from potential and unwanted attention not limiting stalking and harassment.
Information from Boltie The Phoenix is not intended to be a substitute for any
professional advice, including but not limited to (a) professional medical
advice, diagnosis, or treatment or (b) professional financial or investment advice
or guidance, or (c) professional legal advice. Never disregard or delay seeking
professional medical advice or other professional advice because of something
you have read on the site or information received through our services. Boltie The Phoenix is not engaged in the practice of medicine or law and does not
recommend or endorse any specific products, procedures, treatments,
medications, opinions, or other information that may be mentioned, discussed,
or described on the ask Boltie The Phoenix site materials or through
our services. boltie.co.za is not engaged in the business of providing
financial or investment advice and its employees or contractors are not
registered advisors. Your reliance on the information provided by Boltie The Phoenix, employee or contractor, by a third party moderator, sponsors or by other users of the site or services is
solely at your own election or choice. Any and all decisions that you make that
are based in whole or in part upon information provided by Boltie The Phoenix or its
sponsors or otherwise on the site will be your sole and exclusive
responsibility.
General Disclaimer
The information provided on, from or through Boltie The Phoenix,
its services and the site is provided “as-is” and “as available,” and all
warranties, express or implied, are disclaimed (including but not limited to
the disclaimer of any implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement). The site and related
information and services may contain bugs, errors, problems or other
limitations. Boltie The Phoenix and our affiliated parties have no liability
whatsoever for your use of the site and services and any such information or
service. In particular, and without limitation, Boltie The Phoenix and our
affiliated parties are not liable for any indirect, special, incidental or
consequential damages (including damages for loss of business, loss of profits,
litigation, or the like), whether based on breach of contract, breach of
warranty, tort (including negligence), product liability or otherwise, even if
advised of the possibility of such damages. The disclaimer of damages set forth
above is a fundamental element of the basis of the bargain between Boltie The Phoenix and you. The site and the information and services provided therein
would not be provided without such limitations. No advice or information,
whether oral or written, obtained by you from through the site or
services shall create any warranty, representation or guarantee not expressly
stated in these terms of use. Boltie The Phoenix makes no warranty or representation
that availability or use of the site or services will be uninterrupted or
error-free. Neither SitePad, nor any of its affiliates has any
responsibility or obligation to notify you of your accumulated charges or other
expenses with us. SitePad, does not monitor usage patterns and is under
no obligation to any customer to take any action or to refrain from taking any
action with respect to usage of the site or services.
Third-Party Information
Any articles press clippings or other third-party
publications (collectively, “Publications”) made available through the Site are
furnished by Boltie The Phoenix for your convenience and entertainment. Boltie The Phoenix is a distributor (and not a publisher) of content supplied by third
parties (including users). Any opinions, advice, statements, services, offers,
or other information made available by third parties, including psychics,
information providers or any user of the Site, are those of the respective
author(s) or publisher(s) and not of Boltie The Phoenix or its affiliates. Boltie The Phoenix disclaims any representation, either express or implied, that the
information in such publications is accurate or complete.
Third-Party Providers
Third Party Provider content is the intellectual property of
the provider. Any copying, republications or redistribution of content,
including, but not limited to, by caching, framing or similar means, is
expressly prohibited without the prior written consent of Provider. Third Party
Provider shall not be liable for any errors or delays in content, or for any
action taken in reliance thereon. Similarly, we have not reviewed and cannot
control all of the material, including computer software or other goods or
services made available on or through third-party websites. Accordingly, we do
not represent, warrant or endorse any third-party website, or the accuracy,
currency content, fitness, lawfulness, or quality of the information material,
goods, or services available through third-party websites. We disclaim, and you
agree to assume all responsibility and liability for any damages or other harm,
whether to you or to third parties, resulting from your use of third-party websites.
Restrictions; Compliance with Laws
Your right to use the Site and the Services is personal to
you. You are solely responsible for the contents of your transmissions through
the Site and your use of the Services is subject to all applicable local, state,
provincial, national and international laws and regulations. By using the Web
Site or the Services, you agree:
- not
to use the Site or the Services for illegal purposes;
- not
to interfere with or disrupt networks connected to the Site;
- to
comply with all applicable regulations, laws, statutes, etc., regarding
your use of the Services, including, but not limited to, laws and
regulations relating to the use of the Site or the Services to send
electronic mail;
- not
to use the Site or the Services to send chain mail, junk mail, spamming or
any use of distribution lists to any person who has not given specific
permission for such use;
- not
to use the Site or the Services for the transmission of any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, or obscene
material or communication of any kind or any nature;
- not
to interfere with any other user’s access to or use of the Site or the
Services.
- not
to record or use any audio recording or retention devices/technology
without the express written consent of SitePad.
- not
to speak or act in a manner that is deemed by a customer service
advisor(s) to be inappropriate, abusive, or threatening.
Boltie The Phoenix reserves the right, in its sole discretion, to
immediately terminate your access to and use of the Site or the Services
without right to refund, for any violation of these Terms of Use.
Links to Sponsors and Other Third-Party sites
Certain links on the Site will let you leave the Site. These
linked sites, for example those of our sponsors, are not under the control of Boltie The Phoenix, and Boltie The Phoenix is not responsible for the contents of any
linked site or any link contained in a linked site. These links are provided
for your convenience, and the inclusion of any link does not imply a recommendation
or endorsement by Boltie The Phoenix of any such linked site or the products
therein.
Intellectual Property and Trademark Protection
Other than royalty-free images, the full contents of the
Site including, without this list being exhaustive, the texts, images,
trademarks, logos, acronyms, algorithms, software, music, sounds, photos,
videos, drawings or other materials contained in the sponsored adverts or
adverts sent via e-mail, commercial information produced and presented by the
Site, its suppliers or advertisers, are protected by intellectual property law,
trademark law, patent law or any other law recognized by the legislation in
force in the country in which SitePad is based.
By accepting these General Terms and Conditions of Use, you
undertake not to copy, use, exploit, reproduce, distribute the information
transmitted or create derivative works using the communication received from Boltie The Phoenix without obtaining express written permission from SitePad.
Consent To Receive Email Submissions
By submitting Your email address on the Site, you consent to
receive periodic email communications from the Site concerning its products and
services. You may opt-out of receiving email communications at any time by
following the unsubscribe instructions contained in each email.
Material you Submit (including Blog Submissions)
You acknowledge that you are responsible for any submission
you make (“Submissions”), including the legality, reliability, appropriateness,
originality and copyright of any such material. You may not upload to,
distribute, or otherwise publish through the Site any content which is
libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable, or which may constitute
or encourage a criminal offense, violate the rights of any party or otherwise
give rise to liability or violate any law. Submissions shall be deemed to be
non-confidential and non-proprietary. Boltie The Phoenix shall have no obligation of
any kind with respect to such Submissions and shall be free to reproduce, use,
disclose, modify, display and distribute the Submissions to others without
limitation. By transmitting such Submissions to Boltie The Phoenix and the Site, you
automatically grant to SitePad a perpetual, worldwide, royalty-free,
irrevocable, non-exclusive right and license (with rights to sublicense) to
use, reproduce, modify, adapt, publish, translate, edit and distribute such
Submissions (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such Submissions. You also permit
any other user of Boltie The Phoenix to access, view, store or reproduce the
Submissions for that user’s personal use. Without limiting the generality of
the foregoing license, if you send Submissions consisting of “testimonial”
e-mails, you acknowledge that you grant SitePad the right to publicly
display all or a part of such Submission on the Site or in any other format or
media at any time. Please note that Boltie The Phoenix does not want to
receive Submissions containing confidential information from you and any
Submissions received will be deemed NOT to be confidential. For purposes of
this paragraph, “Submissions” shall not include personally identifiable
information, which shall be treated by Boltie The Phoenix in accordance with our
Privacy Statement.
This Web Site (including, without limitation, text,
photographs, graphics, video and audio content) is protected by copyright as a
collective work or compilation under the copyright laws recognized by the
legislation in force in the country in which SitePad is based and in
other countries, and SitePad, its subsidiaries and affiliates (subject
to the rights of its licensors and licensees under applicable agreements,
understandings and arrangements) have rights therein. All individual articles,
videos, content and other elements comprising this Site are also copyrighted
works, and SitePad, its subsidiaries and affiliates (subject to the
rights of its licensors and licensees under applicable agreements,
understandings and arrangements) have rights therein. You must abide by all
additional copyright notices or restrictions contained in this Site. By posting
or submitting content on or to the Site (including the Blog, and regardless of
the form or medium with respect to such content, whether text, videos,
photographs, audio or otherwise), you are giving SitePad, and its affiliates,
agents and third party contractors the right to display or publish such content
on the Site and its affiliated publications (either in the form submitted or in
the form of a derivative or adapted work, in our sole discretion), to store
such content, and to distribute such content and use such content for
promotional and marketing purposes. Without limiting the generality of the
foregoing, with respect to any video submissions to the Site made by you from
time to time, you understand and agree that (unless you and we agree otherwise)
we may, or may permit users to, based solely on functionality provided and
enabled by the Site, compile, re-edit, adapt or modify your Submission, or
create derivative works therefrom, either on a stand-alone basis or in
combination with other Submissions, and (unless you and we agree otherwise) you
shall have no rights with respect thereto and SitePad, its affiliates or
its licensees shall be free to display and publish the same (as so compiled,
re-edited, adapted, modified or derived) for any period.
You shall be solely responsible for your own Submissions and
the consequences of posting or publishing them. In connection with each of your
Submissions, you affirm, represent, and/or warrant that: (i) you own or have
the necessary licenses, rights, consents, and permissions to use and authorize SitePad, its affiliates, and subsidiaries to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and all such
Submissions to enable inclusion and use of such Submissions in the manner
contemplated by us and these Terms of Use; and (ii) you have the written
consent, release, and/or permission of each and every identifiable individual
person in such Submissions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of such Submissions
in the manner contemplated by SitePad and these Terms of Use. In
furtherance of the foregoing, you agree that you will not: (i) submit material
that is copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless you
are the owner of such rights or have permission from their rightful owner to
post the material and to grant SitePad all of the rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage SitePad,
this Site or any third party; (iii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially
or ethnically offensive, or encourages conduct that would be considered a
criminal offense, give rise to civil liability, violate any law, or is
otherwise inappropriate; or (iv) post advertisements or solicitations of
business.
We reserve the right to edit, remove or not publish Submissions without prior notice
Resolution of Claims or Disputes
Boltie The Phoenix hopes to make you a happy user and most user
concerns can be resolved quickly and to the user’s satisfaction by contacting
our customer service department through the email
address: lizzymalesa@yahoo.com.
Severability Clause
To the extent that any provision of these General Terms and
Conditions of Use is found by any competent court or authority to be invalid,
unlawful, or unenforceable in a jurisdiction, that provision shall be deemed
not to be part of these General Terms and Conditions of Use but such finding
shall not affect the validity, lawfulness or enforceability of the remainder of
these General Terms and Conditions of Use, in that jurisdiction, nor shall it
affect the validity, lawfulness or enforceability of these General Terms and
Conditions of Use in any other jurisdiction.
The preceding sentence does not apply to New Jersey
residents or transactions.
Successors and assigns
We may perform any of our obligations or exercise any of our
rights under these Terms of Use through one or more of our corporate affiliates
(including any entity that directly or indirectly controls, is controlled by,
or is under common control with us). If Boltie The Phoenix or its assets are
acquired by another entity, that entity will assume our rights and obligations
as described in these Terms of Use. You may not assign your rights or
obligations under these Terms of Use, by operation of law or otherwise, without
our prior written consent.
Miscellaneous
These Terms constitute the sole agreement between you and Boltie The Phoenix and its affiliated entities relating to your use and our
provision of the Site and the Services and the subject matter hereof. The laws
of Luxembourg govern these Terms in all respects, without giving effect to
conflicts of laws principles.
Entire Agreement
No joint venture, partnership, employment, or agency
relationship exists between you and Boltie The Phoenix as a result of these Terms of
Use or your utilization of this Site. These Terms of Use Boltie The Phoenix Privacy Policy, and any
other agreement or terms or conditions for services, subscriptions, or licenses
for products or services available through the Site, which are all hereby
incorporated by reference as if set forth fully herein, represent the entire
agreement between you and Boltie The Phoenix with respect to use of the Site, and
they supersede all prior or contemporaneous communications and proposals,
whether electronic, oral or written between you and Boltie The Phoenix with respect
to this Site.
How to contact us
If you have any comments or questions about these General
Terms and Conditions of Use, you can contact us through the lizzymalesa@yahoo.com you
can access by using this link.