This website, www.benjaminmcavoy.com (the Site) is owned and operated by Benjamin McAvoy.
I reserve the right, at my sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. I will post revised Terms & Conditions here and update the Effective Date at the bottom of this document. You should check these Terms & Conditions periodically for changes. By continuing to use the Site after we post changes, you accept the Terms & Conditions as modified.
If you do not comply with these Terms & Conditions at any time, I reserve the right to terminate appointments, sales, refunds, user account and/or access to my Site (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Site may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as I may otherwise provide from time to time, you agree that I may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Site. Further, you agree that I shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, my Site.
Licensing and Use of Site Materials
The Site and all the materials available on the Site, including text, photographs, videos, software, graphics, music, questions, comments, feedback, ideas, recipes, articles and other information (collectively, Content), are the property of the myself and/or our licensors, and are protected by copyright, trademark, and other intellectual property laws. Any content from third party resources are linked and/or sourced to that affiliate. Unless otherwise specified, I grant you a non-exclusive, non-transferable, limited right to access, use and display my Site and the Content provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions.
You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of my rights or that has not been authorised by me. More specifically, unless explicitly authorized in these Terms & Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site. You may, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
User Generated Content
By posting or submitting any material, including, without limitation, testimonials, comments, questions, blog entries, photos and videos (collectively User Material) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material, and (ii) that you are 18 years of age or older. When you submit or post any User Material, you are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose and at my sole discretion. The foregoing grant shall include the right to, at my sole discretion, exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant me the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that I have the right but not the obligation to use and display any postings or contributions of any kind and that I may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
I am committed to protecting your privacy and security.
The site provides spiritual wellness, Psychic readings and energy healing practices. Information applications and content published over the Internet and is intended only to assist users in their personal health improvement efforts. This Site is not a medical organisation and I cannot give you medical advice or diagnosis. Nothing contained in this Site should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician/psychiatric consultation, evaluation, or treatment.
I am not a licensed medical practitioner. My role is to provide you with the educational tools and information to improve your health through holistic services. Any advice, suggestions and feedback given are not meant to replace traditional medical attention. By using my Site, you agree that you are responsible for your own health and the health of your family and to release the Company from all claims you may have, now or in the future based on the advice, information, feedback or any other materials available on the Site or through our health coaches.
THE INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM ME OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
I do not warrant or make any representations regarding the use or the results of the use of the Site or Content on the Site in terms of their correctness, accuracy, timeliness, reliability or otherwise. I do not guarantee any medical reality, weight loss or complete healing as a result of using the Site or any of my On-Line Products or Services. You know your Self best. By using the Site, you agree that you alone are responsible for making decisions related to your health and wellbeing. The information and Content we provide on the Site is meant for educational purposes only and assumes that you will use such information and Content responsibly and at your own risk. Please make appropriate decisions. By using the Site, you agree that I am not liable for any choices you make, including, but not limited to, what you eat and consume and when you choose to do so, how and when you exercise, and when and how you execute your bodily, emotional and spiritual needs and desires.
You agree at all times to defend, indemnify and hold harmless myself, any of my employees, and my successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, you may have now or in the future.
Throughout the Site, I may provide links and pointers to other sites maintained by third parties (Third-Party Websites). Our linking to such Third-Party Websites does not imply an endorsement or sponsorship of such Third-Party Websites, or of the information, products or services offered on or through the Third-Party Websites.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available on Third-Party Websites, are those of the respective authors or distributors, and not of the Company. I do not guarantee the accuracy, completeness, or usefulness of any Third-Party Website content. Furthermore, I neither endorse nor am responsible for the accuracy and reliability of any opinion, advice, or statement made on any Third-Party Website.
Periodically, we may provide access or links to the opinions, advice or statements of practitioners and counselors who are not employees of the Company or affiliated with the Company (collectively Third-Party Practitioners). The opinions, advice and statements of Third-Party Practitioners belong to each Third-Party Practitioner and do not belong to, or represent the views of, the Company. Such access to Third-Party Practitioners is intended for informational purposes only. I do not guarantee the accuracy or reliability of such opinions, advice or statements.
Certain sections of the Site may allow you to purchase products and services provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a Third-Party Website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and me. A merchant may have privacy and data collection practices that are different from mine. I hold no responsibility or liability for these independent policies and by dealing with these third parties, you agree to hold me harmless. In addition, when you purchase products or services on or through the Site from third parties, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
Your participation, correspondence or business dealings with any third party found on or through my Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that I shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
I respect the intellectual property of others, and I ask our users to do the same. I may, in appropriate circumstances and in our discretion, terminate the rights of any user to use my Site (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact me by my contact page on this site:
In your correspondence, you must include the following information:
1) The physical or electronic signature of the owner of the copyright or a person authorised to act on behalf of the owner;
2) Identification of the copyrighted work(s) claimed to be infringed;
3) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site;
4) Your name, mailing address, telephone number and e-mail address;
5) Your statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
6) Your statement that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
For any complaints that reference more than 10 allegedly infringing works, please create a spreadsheet that contains items 2 and 3 from above for each allegedly infringing piece of work.
Please note that the notification sent to me will be forwarded to the user who provided the allegedly infringing content.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send me a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement:
Limitation of Liability
YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL I OR ANY EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, AND SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATON OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (III) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (IV) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR EMPLOYEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITES TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND I MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
Your purchase of an On-line Product, other product, program or service, may or may not provide for any refund.
Waiver of Liability
RELEASE AND WAIVER OF LIABILITY AGREEMENT
Please read carefully. All purchases made consent to this agreement.
I am 18 years of age or older.
I acknowledge that I voluntarily purchase this service.
I understand that the person(s) teaching, leading and assisting with these services are individuals who are neither doctors nor registered counselors. I also understand that these methods of energy healing are not intended to replace traditional medicine and medical providers. I take full responsibility for my health and the health of my family and children and all decisions I make during the course of, and following, this program.
As consideration for receiving these services, I forever release and discharge Benjamin McAvoy and Sensing Heaven & benjaminmcavoy.com, and their respective directors, officers, employees, volunteers, agents, contractors, and representatives from any and all actions, claims or demands that I, my assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives now have, or may have in the future.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE AND WAIVER OF LIABILITY, AND A CONTRACT BETWEEN MYSELF AND BENJAMIN MCAVOY AND BENJAMINMCAVOY.COM AND SIGN OF MY OWN FREE WILL.
I agree to proceed under these conditions.
You must be over 18 years of age to purchase my services, products and participate in my events or workshops.
In any action against myself arising from the use of this Site, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Site, or by written agreement of both parties, you and myself. Each time you access this Site, you will be deemed to have accepted any such changes.
I may freely assign my rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of my successors, assigns and licensees. This Agreement shall be binding upon and inure to the benefit of myself and my respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned by your or any user without the prior written consent of myself.
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Permission to use Charge card / Credit card details
Payments for Benjamin McAvoy’s Service maybe processed in different was and methods, Paypal, Stripe gateway, Direct Deposit or Manually Entered through a phone or device, by booking on Benjamin McAvoy’s Website you agree to allow Benjamin to use your credit card details to charge you nominated account or credit card number(s) Expiery date, CCV and Full name.
Benjamin’s Charges Vary at times. Currently the charge for a General Telephone reading is $77.00 and $3.00 per minute there after. When you book on this site, you give complete permission for Benjamin McAvoy to use your charge card as and when needed to retrieve funds owing by the purchaser (YOU)
Effective Date: January 01, 2006