Terms of Use Policy

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.

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