Terms Of Use
Terms and Conditions of Trade and Website Access for www.astromatcha.com
Please read these Terms and Conditions (“Terms”) carefully as they constitute and govern an
agreement (“Agreement”) between Padhunt Pty Ltd (ACN 118 041 535) as Trustee for the Lean
Machine Trust trading as Astromatcha (“we or us”) and you (“you or your”).
The Terms apply to any and all goods, services and information provided by us as well as to all
interactions (“Interactions”) between us and you, including without limitation the interactions set out
below. You will be deemed to agree to the Terms on each and every occasion that you interact
with us in any way, including by:
Accessing any of our websites below (“Websites”) and/or any other pages forming part of or linked
to our Websites or referred to by our Websites:
https://www.astromatcha.com
http://www.astromatcha.com
Accessing any publication available in any manner on or from our Website, including the blog,
whether such access or download requires payment or is made available at no charge and
whether or not such publication is made available by us directly or indirectly as part of some other
package or service provided to you by any 3rd party.
Purchasing any product, report, service, document, application, software, consultation,
membership or publication from us;
Attending any function, meeting, gathering or the like arranged and/or coordinated and/or endorsed
by us (“Meet-ups”); Engaging or interacting in any way with us or any of our members or affiliates
or with any person referred by us or made available to you because of your interactions with us
whether such engagement is in person, or via telephone, or via any form of electronic or other
communication including but not limited to email, text, letters, facsimile and all forms of social
media including but not limited to Facebook, Instagram, Pinterest, Whatsapp, Twitter, Reddit,
Foursquare. You understand and agree that in some circumstances we will receive payment from a
3rd party if we refer you to them (“3rd Party Referrer”), and that similarly, in some circumstances
we will make payments to a 3rd party if they refer you to us.
Waiver and Release
We maintain the Websites, and offer all goods and services, and all Interactions, primarily for
information and communication purposes. You acknowledge and agree that you understand that
purchasing any form of product, report, service, document, application, software, consultation,
membership or publication whether from us directly, from our website, from our partners, from our
referral partners, advertisers or affiliates is purely for entertainment purposes only and should not
be relied upon for anything else.
You acknowledge further that any information about astrology and any form of astrological product,
report, service, document, application, software, consultation, membership or publication does not
constitute and is not to be construed as advice and that it is essential for you to retain sufficiently
qualified professionals to assist and advise you in anything that you read, purchase, view,
download, listen to, subscribe to or consume from this website, any of our other websites and any
of our partners, agents, affiliates and referral partners.
The nature of the professional advisors will vary depending on the nature of the areas of life you
interested in but will require (at a minimum) you to be advised professionally by a doctor, solicitor,
lawyer, psychologist, relationship counsellor, careers advisor, business advisor, insurance agent
and an accountant. You acknowledge and agree that the services we offer and provide are general
in nature and do not take account of your specific circumstances or the activities you may engage
in. You acknowledge that we only ever offer general information about astrology.
In relation to Meet-ups, webinars, phone calls, video conferences or any other form of
communication electronic or otherwise you acknowledge and agree that: All information including
material referred to or provided to you by any person at any Meet-ups, webinars, phone calls,
video conferences or any other form of communication electronic or otherwise has been obtained
by the provider or presenter solely from their own experience and is referred to or provided as
general information only, which: will require further research to identify its application to your
specific requirements; will, dependant on the further research to be undertaken as referred to in
sub paragraph above, require modification to appropriately apply to your specific requirements;
is referred to or provided by way of example only and is not intended to be nor is it acceptable as
specific investment, lifestyle, business, health, career, relationship recommendations or advice for
you;
You understand that failed investment projects, mistakes, bad relationships, misfortune and losses
are a real possibility for you and your associated entities if you do decide to pursue and engage in
any activities or ideas presented or discussed at any Meet-up, webinar, seminar, phone calls, video
conferences or any other form of communication electronic or otherwise ;
You understand and agree that following Astrology and Astrological advice carries an inherent
element of risk and that you accept full responsibility for all such risks and adverse consequences;
Although given in good faith, all information and materials received during any Meet-ups, webinars,
phone calls, video conferences or any other form of communication electronic or otherwise should
not be relied upon in any way and that you understand that you must undertake careful and
competent due diligence from independent sources before taking any action or inaction as a
consequence of any information or documentation provided at or in relation to any Meet-ups,
webinars, phone calls, video conferences or any other form of communication electronic or
otherwise;
Any investment, lifestyle, business, health, career, relationship or any other activity undertaken
whether as a result of information provided at or in relation to any Meet-ups, webinars, seminar,
phone calls, consultations, discussions, video conferences or any other form of communication
electronic or otherwise, will only be undertaken after consideration of all relevant facts and issues,
and obtaining relevant independent financial, investment, personal, medical, business, insurance
and legal advice.
We and others may photograph and/or record Meet-up, webinar, seminar that you attend and you
hereby authorise us and anyone else acting with our authority to record your image and/or voice
and to utilse all such recording in any way we deem appropriate, including by publishing same on
the Websites or via any form of social media including but not limited to Facebook, Instagram,
Pinterest, Whatsapp, Twitter, Reddit, Foursquare.
We make no warranties of any kind regarding the Websites or the Interactions, including but not
limited to any warranty as to accuracy, completeness, currency, reliability, fitness for a particular
purpose, or that the Websites pages, or the server that makes them available, are free of viruses
or other harmful elements that may interfere with or damage the operation of your computer
systems.
The Commonwealth Competition and Consumer Act 2010 and the State fair trading laws imply
warranties and conditions into contracts for the supply of goods or services. Where any law implies
a condition or warranty which may not be lawfully excluded (“Non-Excludable Condition”), then to
the maximum extent permitted by law, our liability for breach of the Non-Excludable Condition, is
limited, at our option, to either resupply of the services or the refund to you of the amount actually
paid by you to us.
Under no circumstances (whether contract, tort (including negligence), strict liability or any other
theory whatsoever), shall we be liable for any loss or damages you may suffer from or in
connection with the Interactions or any other dealing with us or service or product or advice
provided by us or on our behalf or by any 3rd Party Referrer, Agent, Associate, Partner, Related
Business or Referral Partner. This limitation includes, but is not limited to, damages resulting from
loss or theft of data; transmission delays or failures; service interruptions; unauthorised access or
damage to records, software programs or other information or property; loss of profits; cost of
cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however
caused. This limitation will apply even if we have been advised of, or are aware of, the possibility of
such damages. Because some territories or other jurisdictions do not allow the exclusion of certain
warranties or certain forms of liability, some or all of the exclusions set forth in these terms and
conditions may not apply. If any of such exclusions are not allowed under the laws of a particular
state or other jurisdiction for any reason, then our maximum liability for any type of damages to you
shall be limited to the greater of (a) the amount of any money actually paid by you to us, or (b) the
sum of $10.00 AUD.
You hereby release and/or indemnify and hold us and each of our present and future directors,
officers, shareholders, employees, agents, members, subsidiaries, associates and affiliates and
their respective heirs, successors and assigns (together “Released Parties”) harmless from any
and all judgments, injuries, penalties, damages, losses, obligations, liabilities, claims, actions,
causes of action, encumbrances, costs, expenses (including, without limitation, reasonable legal
fees and expert witness fees) suffered, sustained or incurred (even if only alleged but not proven)
arising out of or in connection with any Activities and/or your dealings with us and/or the Released
Parties and/or any 3rd Party Referrer as well as in relation to any information or advice provided to
you by us and/or the Released Parties or any 3rd Party Referrer.
For the avoidance of doubt, to the maximum extent permitted by law, we disclaim (and you hereby
release us from) all liability in relation to your use of the Website and/or any of the Interactions and/
or any Astrological Information, Products, Documents, Memberships, Subscriptions or Astrological
Consultations that we provide including but not limited to any loss or damage howsoever caused
(including negligence), which may be directly or indirectly suffered in connection with your dealings
with us, including our provision of information or advice, or to your attendance at any meeting or
gathering we arrange or endorse or to your involvement with any form of Astrology Product,
Document, Service, Subscription or Consultation electronic or otherwise.
These Terms form the entire agreement between you and us relating to any goods, services and
information provided to you as well as the Interactions and supersede all previous agreements and
understandings, whether oral or in writing.
IF THESE TERMS ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY
CEASE YOUR USE OF THE WEBSITE AND NOT ENGAGE WITH US IN ANY WAY, INCLUDING
ANY OF THE INTERACTIONS.
We may, at any time, for any reason and without notice, make changes to these Terms as well as
the Website and/or the products and/or services we offer as well as the Interactions. Any such
changes will take effect once published on the Website. Therefore, you agree that prior to, or as
part of, any Interaction, you must review these Terms to ensure that you continue to understand
and comply with your obligations to us.
Intellectual Property
You acknowledge that we hold and own copyright in and to all content on and available through the
Website and that you are only authorised to view, use, copy for your records and download small
portions of such content (including without limitation text, graphics, software, audio and video files
and photos) for your personal informational, non-commercial use, provided that you leave all the
copyright notices, including copyright management information, or other proprietary notices intact.
Electronic communications in any form may not be secure and are subject to the risk of
interception by third parties. Please consider this fact before e-mailing any information to us or
others. You agree not to submit or transmit any e-mails or other communications via any means
that that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan
horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of
any third party without that party’s permission or (iv) otherwise violate any applicable laws or may
cause embarrassment or harm (financial or personal) to us or anyone associated with us.
You agree that we may publish in any way we consider appropriate any information or images or
materials or comments or views that relate to you or that you submit to us or that you communicate
to or about us in any way. This includes any emails you send us or statements you make as part of
any Interactions including anything you publish in any way including any form of social media.
The Website as well as the organisation and layout of the Website and all materials published on
or available through and by the Website, are copyrighted and are protected by Australian and
international copyright laws and treaty provisions. You may access, download and print materials
on this Website solely for your personal and non-commercial use; however, any such print outs
must retain our copyright notice. No right, title or interest in any of the materials we publish in any
way is transferred to you as a result of accessing, downloading or printing such materials. You may
not copy, modify, distribute, transmit, display, reproduce, publish, license any part of the Website;
create derivative works from, link to or frame in another website, use on any other website, transfer
or sell any information obtained from this Website without our prior written permission.
Links and Associations
For your convenience, we may provide links to various other websites that may be of interest to
you and for your convenience only. However, we do not control or endorse such websites and are
not responsible for their content nor are we responsible for the accuracy or reliability of any
information, data, opinions, advice, or statements contained within such websites. Please read the
terms and conditions or terms of use policies of any other company or website you may link to from
our Website. If you decide to access any of the third party sites or advertisements linked to this
Website, you do so at your own risk. We reserve the right to terminate any link or linking program
at any time. We disclaim all warranties, express and implied, as to the accuracy, validity, and
legality or otherwise of any materials or information contained on such sites. You may not link to
this Website without our written permission. If you are interested in linking to this Website, please
contact [email protected]
Your correspondence or business or other dealings or communications with, or participation in
promotions of, marketing partners or other third parties found on our Website or through the
Interactions, including payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and such third
party. You agree that we are not responsible or liable for any loss or damage of any type
whatsoever incurred as the result of any such dealings or as the result of the presence of such
persons or marketing partners or other third parties on our Website or encountered by you in any
way through use of the Website or the Interactions.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to us that you will not use the Website or
any material or information obtained from or provided by us for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Website in any manner
that could damage, disable, overburden, or impair the Website or interfere with any other party’s
use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the
Website.
Gathering email addresses from us through harvesting or automated means is prohibited. Posting
or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of
solicitation to other persons is prohibited. Inquiries regarding a commercial relationship with us
should be directed to [email protected]
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE”
BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION,
ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH WE EXPRESSLY DISCLAIM. WE DO
NOT ENDORSE AND MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS,
CURRENCY, OR RELIABILITY OF THE CONTENT, AND WE WILL NOT BE LIABLE OR
OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR
ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. WE
MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE
UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR
OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING ANY CONTENT ON IT
OR PROVIDED BY US IN ANY WAY, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO
ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS
FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY
DISCLAIMER APPLIES IN RELATION TO THE WEBSITE AS WELL AS IN CONNECTION WITH
ANY PRODUCTS AND SERVICES OFFERED BY US.
General Matters
Please choose carefully. We do not normally give refunds if you simply change your mind or make
a wrong decision more than 60 days after any form of purchase has been made. Of course, a full
refund is available in relation to all purchases provided you give us written notice that you require a
refund within 60 days of the purchase being made.
These Terms shall be governed in all respects by the laws of the State of Queensland, Australia,
and you submit to the laws of the State of Queensland and to the jurisdiction of the Queensland
courts.
You acknowledge and agree that, even if you reside outside Australia, or access the Website or
participate in any Interactions outside Australia, you understand the Website and all Interactions
refer and relate only to Astrological Services, Products, Documents, Publications or Consultations
intended to be undertaken within mainland Australia and Tasmania and in no other location
whatsoever.
All transactions are processed in United States Dollars (USD).
When purchasing from us your financial details are passed through a secure server using 128-bit
SSL (secure sockets layer) encryption technology. If you have any questions regarding our security
policy, please contact our customer support centre [email protected]
Accounts and Security for Registered Users
We do not warrant that any Website functionality will be uninterrupted or error-free, or that defects
will be corrected or that this service or the server that makes it available will be free of viruses or
other harmful components.
As part of any registration process, we will allocate a password (“Password”) to you to be used with
your user name (“User Name”), with your User Name to be your nominated email address. You
shall provide us with accurate, complete, and updated account information. Failure to do so shall
constitute a breach of these Terms.
You must not:
select or use a User Name of another person with the intent to impersonate that person;
use a name subject to the rights of any other person without authorisation; or
use a User Name that we, in our sole discretion, deem inappropriate or offensive.
You shall notify us of any known or suspected unauthorised use(s) of your account, or any known
or suspected breach of security, including loss, theft, or unauthorised disclosure of your password.
You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of the
Agreement at our sole discretion.
Privacy
We may from time to time collect registration and other information about you during or as part of
the Interactions. Our collection, use, and disclosure of this information is governed by our Privacy
Policy Statement available at https://www.astromatcha.com/privacy-policy/
Publication
The information we provide via this Website and in any other manner or forum is intended to be a
general information resource regarding the matters covered, and is not tailored to your specific
circumstance. You should not construe this as legal, accounting or other professional advice. This
Website is not intended for use by minors.
YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS, COMMENTS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE, LEGAL, TAX, FINANCIAL, MEDICAL, HEALTH, FITNESS, CAREER, BUSINESS, BUILDING OR OTHER ADVISORS, AS APPROPRIATE.
You are solely responsible for your interactions with other users of this Website and other persons
with whom we have Interactions. You acknowledge that we are not responsible for any comments
or publications made about you by any such persons during the course of any of the Interactions or
in any other manner whatsoever whether those publications are made mechanically, electronically
or in any other manner, including via the Website, any other which website or any form of social
media. We reserve the right, but are not obligated, to monitor disputes between you and other such
users or members of persons involved in the Interactions.
You acknowledge and agree that you alone own, and are solely responsible or otherwise in control
of, all of the rights to any content that you may post; that the content is accurate; that use of the
content you supply does not violate these Terms or any other law and will not cause injury to any
person or entity; and that you hereby indemnify us and all affiliates, associates and related persons
from and against any and all claims resulting from content you supply or publications that you
make.
If you make any publication or submission during the Interactions or to an area of the Website
accessed or accessible by the public (“Public Area”) or if you submit any business information,
idea, concept or invention to us in any way, you automatically represent and warrant that the owner
of such content or intellectual property has expressly granted us a royalty-free, perpetual,
irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from,
modify, publish, edit, translate, distribute, perform, and display the communication or content in any
media or medium, or any form, format, or forum now known or hereafter developed. We may
sublicense any such rights through multiple tiers of sublicenses. If you wish to keep any business
information, ideas, concepts or inventions private or proprietary, you must not submit them to the
Public Areas or to us. Whilst we try to answer every email in a timely manner, are not always able
to do so.
Some of the forums (individual bulletin boards and posts on the social network, by way of example
only) on the Website are not moderated or reviewed. Accordingly, you will be held directly and
solely responsible for the content of messages that are posted. While we do not moderate the
forums or posts, we will periodically perform an administrative review for the purpose of deleting
messages that are old, or have received few responses, or are off topic or irrelevant, or serve as
advertisements or seem otherwise inappropriate. We retain the right to exercise our unfettered
discretion in deciding whether or not to delete any posts or publications. You must also read the
specific forum rules displayed in each discussion forum first before participating in that forum.
We reserve the right (but are not obligated) to do any or all of the following:
Record all publications in chat rooms or elsewhere;
Examine an allegation that a publications should be removed and do so at our sole discretion;
Limit or restrict your access to any or all Public Areas and/or the Website if we suspect any breach
of these Terms;
Monitor, edit, or disclose any publication in the Public Areas;
Take any action we deems necessary to preserve the rights of any persons using the Website of
participating in the Interactions.
Except as regarding any action seeking equitable relief, including without limitation for the purpose
of protecting our confidential information and/or intellectual property rights, any controversy or
claim arising out of or relating to these Terms or the Interactions shall be settled by binding
arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the
International Arbitration Act. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or controversy of any other
party.
The arbitration shall be held in the state of Queensland.
All information relating to or disclosed by any party in connection with the arbitration of any
disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as
proprietary business information. Such information shall not be disclosed by any party or their
respective representatives without the prior written authorisation of the party furnishing such
information. Such information shall not be disclosed by the arbitrator without the prior written
authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in
connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction
over the parties or their assets or application of enforcement, as the case may be. Any award by
the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all
rights to judicial review of the arbitrator’s decision and any award contained therein.
YOUR USE OF THE CONTENT OF THE WEBSITE AND YOUR PARTICIPATION IN THE
INTERACTIONS IS AT YOUR OWN RISK. WE SPECIFICALLY DISCLAIM (AND YOU HEREBY
RELEASE US FROM) ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE INTERACTIONS OR THIS WEBSITE.