Terms and Conditions
Terms and Conditions
Last Updated: Sep 04, 2021
By using this website https://www.tarotmysticismacademy.com/ (“Website”), You are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions (Terms), Privacy Policy and any disclaimer notice and any or all Agreements on this Website: “Customer”, “You”, “User” and “Your” refers to you, the person accessing this Website and exploiting Our Services/Products and therefore accepting the Company’s terms and conditions and; “User Account” or “Account” shall mean the online account maintained by the User at the Website to avail of the Services; the “Company”, “Our”, “We” and “Us”, refers to Our Company, Tarot Mysticism Academy, LLC. “Party” or “Parties” refers to both the Customer/User and Ourselves, or either the Customer or Ourselves. “Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”). Any use or access by anyone under the age of 16 is prohibited unless permitted by the laws of Your country of residence, and certain regions and/or Products may have additional requirements and/or restrictions. All rights not expressly granted to You under these Terms are reserved to the Company.
SERVICES/PRODUCT(S)
The Website allows You to purchase an online-course (Product) for a fee. We may at Our sole discretion engage third party service providers from time to time to provide certain Services. Each such purchase is intended to be used only by one person, unless specified otherwise under Product’s details. You are not allowed to share Your purchase and/or provide access to such purchase to a third party. Please acknowledge that the Products we provide You with for a fee paid through Our Website constitute Our intellectual property and may not be exploited in any way prohibited by these Terms.
LICENSE
Subject to these Terms and Our policies, We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use Our Services/Products. You may use Our Product(s) only for Your personal, non-commercial use, unless You obtain Our written permission to otherwise use the Product(s). You also agree that You will access, and/or use only one User Account, unless expressly permitted by Us, and You will not share access to Your User Account or access information for Your Account with any third party. Using our Services/Product(s) does not give you the ownership of or any intellectual property rights in Our Services or the Product(s) you access for a fee paid through Our Website.
PRIVACY
We are committed to protecting Your privacy. We will only use information collected from individual Customers particularly email addresses to facilitate and deliver orders as part of Our commitment to provide the Services Our Customers have paid. Moreover, as We endeavor to provide You better products/services We will also be using Your emails to promote Our other products/services. You can opt out anytime by pressing the unsubscribe button that can be found in every email We send. We will constantly review Our systems and data to ensure the best possible service to Our Customers.
SUPPORT
We will provide Customer support services to Our registered Users via electronic mail. If You experience any difficulties using Our Product please notify us using the following email: joe@tarotmysticismacademy.com with a subject line “Support”. However, We will not be liable or in any way responsible for Your own technical issues, internet speed and other related to Your access/device/location matters and We reserve the right to solely determine whether such difficulty exists on Our side.
DISCLAIMER
The information on this Website is provided on an “AS IS” basis. To the fullest extent permitted by law, this Company: (i) excludes all representations and warranties relating to this Website and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s Products; (ii) excludes all liability for damages arising out of or in connection with Your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal Product of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE PRODUCT(S) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PRODUCTS WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THAT DEFECTS ON THE PRODUCTS WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE PRODUCT(S).
FEES
Purchasing a Product:
We offer paid Product(s) for a fee. You are responsible for paying all fees charged by Us and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Product(s). When you make a purchase, you agree not to use an invalid or unauthorized payment method. We reserve the right to disable access to any Product for which we have not received adequate payment. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are solely responsible for any sales, value-added, withholding or similar taxes that apply to Your purchase, whether domestic or foreign. You can purchase Our Product(s) via credit card or PayPal: If You choose to pay by credit card You authorize Us to charge Your credit card or bank account for an amount of Product’s applicable fee. If You choose to proceed with a purchase via PayPal, You further authorize Us to use a third party to process payments. By purchasing any Product through Our Website, You hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF You DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PRODUCT. This is Your sole responsibility to find, read and understand any third party policies.
REFUNDS
You understand and agree that no refunds will be available for anything purchased from Tarot Mysticism Academy, LLC or www.tarotmysticismacademy.com unless otherwise specified in writing. If a refund is given, you agree to pay any administrative fees, transaction fees or refund fees.
CUSTOMER RESTRICTIONS
As a Customer, You agree not to:
Circumvent, disable, or otherwise interfere with security-related features of the Website; Disparage, tarnish, or otherwise harm, in Our opinion, Website and/or the Service; Use the Product in a manner inconsistent with any applicable laws or regulations; Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service; You will not share access to Our Product with a third party (unless otherwise permitted by us separately in writing); will not lease, sell, grant or otherwise exploit Our Product(s) in a way prohibited by these Terms. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Service, or any portion of the Website.
USER CONTENT AND CONDUCT
In case Our Services enable You to share your content ("User Content"), You retain all intellectual property rights in, and are responsible for, the User Content You create and share. However, by submitting User Content you grant other Users and Company the right to share Your User Content via any social media platform. As a user of the Site, you agree not to post any Prohibited Content: 1. Profane language or content; 2. Content that promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law; 3. Inappropriate sexual content or links to inappropriate sexual content, nudity or obscene; 4. Conduct or encouragement of illegal activity; 5. Private and confidential information; 6. Content that violates a legal ownership interest of any other party.
INTELLECTUAL PROPERTY OF OUR COMPANY
Unless otherwise indicated, this Website is Our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions.
TERM AND TERMINATION
The Company may terminate your access to all or any part of the Website or live events, Services and/or Product(s) at any time, with or without cause, with or without notice, effective immediately. You can stop using our Services at any time. You may delete your User Account by Website features or notifying Us at joe@tarotmysticismacademy.com. When you decide to delete Your User Account, We will delete Your data, although this may not take place immediately.
INDEMNITY
You agree to indemnify, defend and hold harmless Company and its affiliates, and their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable Attorney’ fees, sustained by any of the Indemnified Parties in connection with any claim arising out of Your use of Our Website or Product(s), or any breach by You f these Terms. Under no circumstances shall We be liable for any amount exceeding the fee paid for the Services/Product(s) ordered.
CHANGES TO THESE TERMS
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by Us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services/Products after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
SEVERABILITY
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have in accordance with these Terms or granted by law.
APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, which laws shall control in the event of any conflict of law. The Parties agree that any action by or against either Party arising out of or relating hereto shall be commenced, litigated and concluded only in the Court of Common Pleas of Philadelphia County, Pennsylvania.
NON-COMPETE AGREEMENT:
WHEREAS, you will be enrolled by Tarot Mysticism Academy, LLC in a position that provides you with access to confidential information, trade secrets, and/or proprietary information, including but not limited to information relating to Tarot Mysticism Academy, LLC's curriculum, teaching methods, and student records; and
WHEREAS, Tarot Mysticism Academy, LLC has a legitimate interest in protecting your confidential information, trade secrets, and/or proprietary information, and maintaining its competitive position in the education industry.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, you agree to the following:
Non-Compete Covenant. You agree that during the term of enrollment with Tarot Mysticism Academy, LLC or working with Tarot Mysticism Academy, LLC, and for a period of 12 months following the termination of such enrollment, for any reason, you shall not, directly or indirectly, whether as an employee, consultant, independent contractor, owner, partner, joint venturer, investor, lender, or otherwise, engage in any business that is competitive with Tarot Mysticism Academy, LLC or that involves the use of Tarot Mysticism Academy, LLC's confidential information, trade secrets, or proprietary information. This restriction shall apply to any business that competes with Tarot Mysticism Academy, LLC's educational programs, products, or services.
No Solicitation. During the Restricted Period, you shall not, directly or indirectly, whether on your own behalf or on behalf of any third party, solicit or attempt to solicit any of Tarot Mysticism Academy, LLC's employees, students, clients, customers, or vendors for purposes of competing with Tarot Mysticism Academy, LLC.
Confidentiality. You agree to keep confidential and not to disclose to any third party, or use for any purpose other than the performance of your learning at Tarot Mysticism Academy, LLC, any confidential information, trade secrets, or proprietary information of Tarot Mysticism Academy, LLC that you may learn or have access to during the course of enrollment or employment with Tarot Mysticism Academy, LLC.
Remedies. You acknowledge and agree that any breach of this Agreement would result in irreparable harm to Tarot Mysticism Academy, LLC for which monetary damages would not be an adequate remedy, and that Tarot Mysticism Academy, LLC shall be entitled to seek injunctive relief, specific performance, or any other equitable relief to enforce this Agreement, in addition to any other rights or remedies that may be available to Tarot Mysticism Academy, LLC at law or in equity.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements between the parties unless otherwise written and acknowledged by Tarot Mysticism Academy, LLC.
Amendment. This Agreement may be amended or modified only by a written instrument executed by both parties.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce such provision.
CONTACTING US
For questions or clarifications regarding Our Terms and/or any other matters related to Our Services/Products, please contact Us at joe@tarotmysticismacademy.com. Our mailing address is: Attn: Joe Monteleone Address: 1199 Ludlow St Apartment # 2405, Philadelphia, US 19107.
BY PURCHASING ANY PRODUCT FROM WWW.TAROTMYSTICISMACADEMY.COM, YOU AGREE TO THE FOLLOWING:
PURCHASING AGREEMENT
You agree that you are choosing a group mentorship alliance with Tarot Mysticism Academy who will support you in your journey with Tarot and self-development. You understand that missed sessions are non-refundable. You will be responsible, respectful (to both yourself and the group), and punctual. You recognize you are a successful and powerful creator. You understand that your results in this program are directly related to the efforts that you put forth.
HOLD-HARMLESS AGREEMENT
You understand that this registers you as a participant in Tarot Mysticism Academy's online course, event, program, or product and that you are applying for instruction in an activity which may involve physical, emotional, and psychological activity and that in case of such undertaking there is always a risk involved. You understand that in a group workshop setting the instructor or the staff cannot always monitor your physical, emotional, and psychological limits, and that you are therefore fully responsible for assessing the risk any activity may pose to you, and that you may choose a safe course of action for yourself. By signing this form, you assume the risk and responsibility for any injuries or damages suffered by you arising out of your participation in any of Tarot Mysticism Academy's courses. In consideration of the opportunity to participate in Tarot Mysticism Academy events or courses, you hereby release, acquit, discharge, indemnify, defend, and hold harmless, and waive all your rights to sue or be compensated by Tarot Mysticism Academy, or any of the training instructors, guides, staff, speakers, or students taking part in the training in any way. You understand that Tarot Mysticism Academy is not a replacement for professional medical care, and that you should consult your own health care practitioners regarding any choices and decisions you make regarding your physical, mental, and emotional well-being.
MEDIA CONSENT AND RELEASE
You understand that Tarot Mysticism Academy, LLC and its principals, agents, employees, and contractors may audio/video record the courses in which you are enrolled. You understand and agree that your voice and/or image/video may be recorded and embodied as part of a product or promotional piece used by Tarot Mysticism Academy, LLC. You grant permission to Tarot Mysticism Academy, LLC to use your image (photographs, video, and/or audio) for use in media publications including Videos, Email Blasts, Recruiting Brochures, Newsletters, Magazines, Digital Products, General Publications, Website, Products, Advertisements, Promotional Material, and/or Affiliates. You understand that this is a release of legal rights.
ASSIGNMENT OF INTELLECTUAL PROPERTY AND NON-DISCLOSURE AGREEMENT
You assign to Tarot Mysticism Academy, LLC all the present and future rights and title, as well as the interest, to all intellectual property that you may create related to the work associated with this Course. You further agree not to disclose any intellectual property that you may receive or download from Tarot Mysticism Academy, LLC or its principals, agents, employees, and contractors. Intellectual Property includes, but is not limited to, trademarks, trade names, service marks, service mark registrations, service names, patents, patent rights, copyrights, inventions, licenses, approvals, governmental authorizations, trade secrets, algorithms, codes, inventions, processes, software, formulas, ideas, concepts, diagrams, images, downloads, and developments. You agree not to make any copies or recreations of the tangible or virtual embodiments of the courses for anything outside your personal use. You agree not to share your copies of the tangible or virtual embodiments of the
HOLD HARMLESS
You understand that your purchase of a product from Tarot Mysticism Academy LLC may include instruction in an activity, which may involve physical, emotional, and psychological activity, and that in case of such undertaking there is always a risk involved. You understand that in a group workshop setting, the instructor or the staff cannot always monitor your physical, emotional, and psychological limits, and that you are therefore fully responsible for assessing the risk any activity may pose to you, and that you may choose a safe course of action for yourself. By making a purchase, you assume the risk and responsibility for any injuries or damages suffered by you arising out of your participation in any of Tarot Mysticism Academy’s courses or programs. In consideration of the opportunity to participate in Tarot Mysticism Academy’s events, you hereby release, acquit, discharge, indemnify, defend, hold harmless, and waive all your rights to sue or be compensated by Joe Monteleone or Tarot Mysticism Academy, or any of the training instructors, guides, staff, speakers, or students taking part in the programs or products in any way. You understand that Joe Monteleone is not a doctor, and that you should consult your own health care practitioners regarding any choices and decisions you make regarding your physical, mental, and emotional well-being.
You understand that while Tarot Mysticism Academy LLC and its members and principals (including Joe Monteleone), agents, and employees may offer advice during classes, you are fully responsible for your own business, legal, and financial decisions. By signing this form, you assume the risk and responsibilities of owning your own business. In consideration of the opportunity to participate in Tarot Mysticism Academy events, you hereby release, acquit, discharge, indemnify, defend, and hold harmless, and waive all rights to sue or be compensated by Joe Monteleone, Tarot Mysticism Academy, or any of the training instructors, guides, staff, speakers, or students taking part in the programs or products in any way.
ENTIRE AGREEMENT
The Terms constitute the sole and entire agreement between You and Us regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services/Product(s)/We
This agreement applies as between you, the User of this Website and Tarot Mysticism Academy, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Tarot Mysticism Academy makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Tarot Mysticism Academy proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at [ADDRESS];
"System": means any online communications infrastructure that Tarot Mysticism Academy makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Tarot Mysticism Academy Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (tarotmysticismacademy.learnworlds.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Tarot Mysticism Academy, a company incorporated in [COUNTRY] with Company registration Number [123456] , located at [Address].