Seller

1.Seller (Advisor) Terms and Conditions

Wizespirit is a marketplace for adults of 18 years of age and above!

By submitting a new “Vision” (job, service, or reading to sell) as a Seller, you are agreeing to be bound by this Agreement. Therefore, you should read this Agreement carefully. However, if you do not agree to be bound by this Service Agreement, do not register as a Seller or offer to sell anything on the site.

YOU AGREE AND DECLARE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

In addition, by registering as a Seller or Users of this website, you also agree to the terms of the wizespirit’s Privacy Policy. When you register as a Seller you automatically become a user of the site member, therefore the provisions of all members, including those of the buyers are an integral part hereof, and are incorporated herein as part of this Agreement.

Wizespirit provides a platform where Sellers may sell services or readings called visions or products called charms to interested Site users (“buyers”). In the term vision or service, we also refer to a term known as “readings”. Wizespirit makes no representation or warranty whatsoever as to the success of a Seller on the Site, the number of clients or amount of business (regardless of whether wizespirit provides promotional support).

Wizespirit does not control the accuracy of any postings on wizespirit or transmissions through it by its members. In addition, wizespirit takes no responsibility for verifying the identity of any of its members. Therefore, you are encouraged to verify the details of those members to whom you give or contemplate giving advice.

Wizespirit may review any Seller’s personal profile and amend any typing or spelling errors if need be. Wizespirit takes no responsibility for examining the truthfulness or accuracy of the details in a Seller’s personal profile, credentials, qualifications, or any Sellers’ postings or transmissions. However, wizespirit may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by a Seller. Without derogating from the above, wizespirit may remove any content violating this Agreement. Each Seller bears all risks related with the uploading and transmission of materials when utilizing the website, including reliance on its accuracy, reliability or legality. Wizespirit reserves the right to modify or discontinue, temporarily or permanently, the services on the Site, with or without notice to the seller.

You agree that wizespirit shall not be liable to you or to any third party for any modification or discontinuance of the Wizespirit’s services or for any losses or damages that may result to you or any Member you advise from such discontinuation or interruption of service.

Wizespirit’s services depend upon different factors such as software, hardware and communications networks, contractors and suppliers. Hence, wizespirit cannot guarantee that wizespirit will not be interrupted, or that it will be timely, secure or error-free.

Wizespirit, in its sole discretion and for any reason, may suspend (in whole or in part) and/or terminate your participation in and access to any and all functions of the Site.

Disclaimer of Warranty, Limitation of Liability and Release

YOU ACKNOWLEDGE AND AGREE THAT WIZESPIRIT IS BEING PROVIDED FOR USER INFORMATION ONLY. THE USE OF WIZESPIRIT IS ACCORDINGLY BEING MADE AT YOUR SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. WIZESPIRIT EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED, OR DISPLAYED BY ITS MEMBERS.

Seller

If you decide to sell your services through wizespirit, you must exercise a reasonable standard of care, at least the same as a professional seller would do in a similar transaction not conducted through the internet, or the standard of care mandated by your profession, whichever is higher. You shall not have any plea, claim or demand against wizespirit, its affiliates, its officers, directors, shareholders, employees, sub-contractors and agents in respect of any services you provide in connection with the use of the website. Wizespirit will not be deemed the provider or recipient of any services acquired through the website. The sale or purchase of services is accordingly at your sole and entire risk.

Under no circumstances will wizespirit, its affiliates, its officers, directors, shareholders, employees, sub-contractors and agents be liable to any Seller for any indirect, incidental, consequential, special, disciplinary or exemplary damages (including but not limited to loss of business, revenue, profits, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortuous action, or arising from the services or any provision of this agreement.

 

Wizespirit, its affiliates, its officers, directors, shareholders, employees, sub-contractors and agents’ aggregate liability for direct damages arising with respect to this agreement will not exceed the lesser of the total amount of money paid to wizespirit by you through wizespirit during the six month period prior to the date the claim arose and $100.

 

You acknowledge and agree that wizespirit disclaims any liability with respect to any claim, suit or action brought by a member in connection with the provision of any services by you (including, without limitation, representations from you as to your qualifications and advice) through the Site.

 

Wizespirit will not be liable for enforcing any agreement that was made between you and any Member, including any Seller Fee Agreement. You will solely be responsible for any such agreement. You further acknowledge and agree that you will solely liable for any damages to any Member to whom you provide services and where that Member suffers damages arising from or connected to such services. In the event of a dispute regarding any transaction conducted through the Site, you hereby release wizespirit and its affiliates, its officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney’s fees, which you may have against one or more of the above.

 

 

2.Seller’s Representations and Warranties

  • At all times you will provide the correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form on the Site, and will maintain and update all such information at all times while you are a Seller to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice and/or your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
  • You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered, or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. Same applies for Counseling and financial advice, investment recommendations and advice. You will not provide any medical or legal or financial information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
  • You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
  • You will not misrepresent yourself or create a misleading name or listing. The foregoing requirements are continuous obligations for you to maintain and update on a regular basis.

If you are a physician, mental health professional or other medical seller: the advice or information you provide to members is for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the member/buyer  by a medical professional. You will provide information and advice only about non-emergency matters. For emergency matters you will instruct the Member / buyer to immediately call 911 or their local emergency assistance. Hence, you will not engage in the practice of medicine or enter into a physician/patient relationship with any member through the website. In addition, you agree that you:

  • Will advise buyer to seek the advice of a qualified physician who will carry out a physical examination;
  • Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of any members through this website.
  • Will not prescribe or dispense any medicines;
  • Will inform members that your advice should not be substituted for the advice of a physician after physical examination and that your advice is for informational purposes only.

 

3.Seller’s behavior and Conduct

Seller is solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your username and password. You represent, warrant and declare that while you are using wizespirit as a Seller, you will act according to the following rules:

  • You will be solely responsible for the services provided to members of this website and to the verification of Members’ identity and other information delivered to you by Members;
  • You will only provide services you are fully qualified to provide and will not attempt to provide any service that you are not qualified to provide, even if requested to do so by a Member. You will not answer questions in fields that are not within your fields of expertise and you will not mislead Members to believe that you can provide a service outside your field(s) of expertise;
  • All correspondences between sellers and buyers will be billed through wizespirit. You agree to the pricing terms agreed upon with Members while utilizing our website;
  • All contacts between Sellers and buyers, members or any other users who are introduced through wizespirit platform must be conducted only through wizespirit platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of wizespirit, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. Wizespirit reserves the right to withhold payments, levy fines, and/or suspend or terminate service and profile in its sole and absolute discretion, In the event wizespirit suspects or determines any such unauthorized contact occurs.
  • Actions which may undermine, disrupt or manipulate the integrity of the Member feedback (rating) on this Site are strictly forbidden.
  • Wizespirit also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system;
  • It is strictly forbidden to use any device, software or routine to interfere with or disrupt wizespirit, servers or networks or disrupt any other users and or person’s use of the wizespirit Site;
  • Do not attempt to gain an unauthorized access to other computer systems or networks connected to our Site, whether by hacking, password “mining” or any other method of black hat  access;
  • You will not send “junk mail”, or any unwanted mass distribution of e-mail or bulletin board postings;
  • You will not send out through the use of our website any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
  • You will not breach this Terms of Service or any other applicable instructions conveyed by wizespirit or its officers nor will you violate, or aid violation of, any applicable local, state, national or international law, as well as statute, ordinance, rule, regulation or ethical code;
  • You will not upload, post, e-mail or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious applications or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
  • You will not impersonate any person or entity, or make any false statement regarding your employment, agency or affiliation with any person or entity;
  • You will not threaten or harass Members and other Sellers, nor invade or attempt to invade their privacy;
  • You will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive;
  • You will not disclose any information that was provided to you by a use and will do your best to guard Member’s privacy;
  • You agree to comply with all applicable laws regarding the use of this Site.
  • You may not use this website to solicit the performance of any illegal activity or other activities which infringes the rights of wizespirit or others users;
  • You may not operate robots or spiders to scan the website’s database;
  • You may link only to your personal Webpage within wizespirit but not to any other part thereof; and
  • You may not view wizespirit with a graphic user interface different from the one provided by wizespirit.

 

 

4.Username and Password

When you create and open an account with wizespirit.com, you will be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your login details and any other security information related to your account. You will be fully responsible for all activities that occur under your account with your login details. You must not use the account, username and password of any other Seller or Member at any time. You will immediately notify wizespirit of any unauthorized use of your account through your username and password, e-mail or any other breach of security. Wizespirit encourages Sellers to change their password at least once a month. Wizespirit will not be liable for any loss or damage of any kind that you incurred as a result of, or in connection with any breach of your account, either with or without your knowledge. You may be held liable for any losses incurred by wizespirit due to someone else’s use of your account or password and your failure to keep your login details secured.

 

 

5.Seller Information

In order to use this website, all members must first complete the registration form. During registration, the Seller is requested to furnish contact information, such as name and e-mail address. Only registered users may buy and sell on wizespirit. Seller is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name and picture), so wizespirit may provide a more personalized experience on the Site.

Any information or contents that you post or transfer through wizespirit will not be considered your confidential information. You grant wizespirit an unlimited, irrevocable, royalty -free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis. In addition, wizespirit may disclose your information in accordance with the “Use of Data” section.

 

6.Seller and Member Communication

Wizespirit provides a platform for registered Sellers to provide Members with visions and advice that they seek.  Wizespirit does not screen or edit the content of communications between sellers and buyers. However, wizespirit may screen, copy, transmit and review all communications conducted by or through wizespirit for technical support and/or in order to uphold the terms of this Agreement. Such communications are, as between Seller and Member, confidential, personal and private unless both the Buyer and the Seller agree to other distribution. All communications between Sellers and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring.

All future correspondences between the Seller and Buyer, including both the negotiation phase and the actual relaying of service are between the Seller and Buyer. Certain e-mail and chat transcripts between Members and Sellers are stored on wizespirit servers are available for review by Sellers and Buyers for a certain amount of time.

 

7.Use of Data

Wizespirit may disclose your information, including but not limited to personal information, transcripts, surveys, and recordings, if wizespirit reasonably believes at its own discretion that disclosure (i) is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate wizespirit liability in an actual or potential lawsuit, (iii) is necessary or appropriate to protect wizespirit rights or property, or the rights or property of any person or entity, (iv) is necessary or appropriate to enforce this Agreement or (v) is required or necessary to deter illegal behavior (including, but not limited to fraud).

Wizespirit may use the details of transactions executed through wizespirit for promotional and informational purposes and publish their details on the Site, provided that such publication will not identify the Seller or Member in any means other than their Screen Name.

Wizespirit may, in its discretion, create co-branded Websites with its partners. In such case, the Seller listings may appear in the co-branded site, but wizespirit will not transfer any personally identifiable information about the Seller to the other Website without receiving the Seller’s prior consent.

 

8.Links

Wizespirit may contain links to Websites operated by third parties. Wizespirit has no control over such sites and the information provided in them. You acknowledge and agree that wizespirit is not responsible for the availability of such third party Websites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. You warrant and agree that wizespirit will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party Websites.

 

9.Advertisements

Wizespirit may include in its advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Seller may be shifted to a Website of the advertiser or receive other messages, information or offers from the advertiser. You acknowledge and agree that wizespirit is not liable for the privacy practices of advertisers or the content of their Websites, information, messages or offers.

Seller may terminate their account on wizespirit at any time.

10.Intellectual Property and Limited License

Wizespirit.com contains copyrighted materials, trade secrets and proprietary information owned by wizespirit , in particular the copyright, trademarks and database, in wizespirit and in any software, application, graphics, text and other materials used therein, and the organization of the materials contained therein. Wizespirit grants you a non exclusive, revocable right to use wizespirit provided that you do not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement. This Agreement does not grant you any rights to copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Site. You may not create derivative software based upon any trade secret, intellectual property or proprietary information of wizespirit.

 

11.Indemnification

You agree to indemnify, defend and hold harmless wizespirit, its affiliates, and their officers, directors, shareholders, employees, sub-contractors and agents against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against wizespirit or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by you according to this Agreement; (b) your provision of services to any third party, regardless of whether or not they are Members of the Site; or (c) any materials that you post to wizespirit and/or any content on your Website or otherwise provided to Members. You represent and warrant that you maintain and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to your provision of services, including, without limitation, professional liability insurance applicable to the legal and medical professions

 

Miscellaneous

Nothing in this Agreement shall be construed as making (Members: Buyer or Seller) party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

 

12.Sellers – Basics Terms

 

  • Each order you successfully sell and complete, accredit your account with net revenue of at least 80% of the purchase amount. 20% is collected as sales commission by the site.
  • Wizespirit accredits sellers once an order is completed.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
  • Withdrawals from your account may become disabled upon review of our Trust & Safety team. This may be done for security concerns in order to prevent fraudulent transactions, reported poor performance or violations to our Terms of Service from buyers to our Customer Support team, or if another Wizespirit profile is associated to the same withdrawal providers. Enabling withdrawals will be evaluated by our Trust & Safety team following a review of your account.
  • If an order is cancelled (for any reason), the payment made will be refunded to the buyer’s shopping balance.
  • Sellers may withdraw their revenues using one of Wizespirit withdrawal options.
  • Seller’s rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below).

 

Commissions and allowed extras per user level on wizespirit

Level of spiritual guide

 

Transaction size Beginner Junior  Master  Top 
Up to 20 USD 20% 20% 20% 20%
20-45 USD 20% 20% 20% 18%
45-70 USD 20% 20% 18% 17%
70 USD or more 20% 18% 17% 15%

Last updated – 29.3.2016

 

  

spiritual guide Level Beginner Junior Master Top
Number of extras allowed per vision 3 5 7 10

 

Last updated – 29.3.2016

 

Wizespirit may change this Agreement and or commission levels and or number of allowed extras per level and or any other detail in its terms by posting modifications on the Site. Unless otherwise specified by wizespirit, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. By using the Site after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you may terminate this Agreement as set forth above.

Shipping

  • Some of the services/charms on Wizespirit are delivered physically.  For these types of Visions, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
  • Important: Buyers, who order Visions that require physical delivery, will be asked to provide a shipping address.
  • Sellers are responsible for all shipping arrangements once the buyer provides the shipping address.
  • Wizespirit does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
  • A tracking number is a great way to avoid disputes related to shipping. We recommend entering the tracking number if available in the order page when delivering your work.

13.Visions

A vision is a service / job or reading offered on Wizespirit by a seller. Services offered on wizespirit by sellers to buyers are called visions. A vision can be a service, reading, advice, blessing, comfort, pep talk or any other offer made by the seller. Seller is also entitled to sell special products there are in line with the sites spirit. Those are referred to as charms.

 

  • Visions created on Wizespirit are User Generated Content.
  • Visions as well as products (charms) offered for sale  may be removed by Wizespirit for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement
    • Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy.
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Visions
    • Spam, Nonsense, or Violent Visions
    • Visions misleading to buyers, including violations of third party terms of service
    • Reselling of regulated goods
    • Reselling of duplicated visions
  • Visions/ charms that are removed for violations mentioned above may result in the removal of the seller’s account.
  • Visions/ charms that are removed for violations are not eligible to be restored or edited.
  • Visions/ charms may be removed from our Search feature due to poor performance and/or user misconduct.
  • URLs in your Vision text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Wizespirit.
  • Visions are required to have an appropriate Vision image related to the service offered.
  • Visions may contain an approved Vision Video uploaded through the Vision management tools available on Wizespirit.
  • Statement on the Vision Page that undermines or circumvents these Terms of Service is prohibited.

 

14.Levels

Wizespirit is also about helping sellers leverage their skills. We seek to empower top performing sellers with helpful tools that can assist them growing their businesses. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Wizespirit may reward them with new statuses, special opportunities, benefits, and tools that come with it.

  • Wizespirit sellers can gain Account Levels based on their activity, performance and reputation.
  • Advancement in Levels is updated periodically by an automated system.
  • The current Levels a seller can achieve are Level 1, 2, and 3 (Top Rated).
  • Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries, warnings to the seller’s account and cancellations can cause a seller to move to a different Level.
  • Advanced levels provide their owners with additional benefits.

 

15.Top Rated Sellers

  • Top Rated Sellers are chosen manually by Wizespirit editors based on seniority, volume of sales, extremely high rating, and exceptional customer care and community leadership. Top Rated Sellers can (not guaranteed) gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
  • Top Rated eligibility is constantly evaluated by Wizespirit to ensure that the quality standards of the Top Rated selection are kept. Top Rated Sellers, who cannot maintain their high-quality service through a severe drop in ratings, stop delivering on time or violate our Terms of Service risk losing their Top Rated status and the benefits that come with it.

 

16.Custom Offer (vision)

  • Sellers can also send Custom Offers (visions) addressing specific requirements of a buyer. Custom Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
  • Custom Offers are sent from the conversation page.

 

17.Withdrawing Revenues

  • To withdraw your revenue, you must have an account with at least one of Wizespirit withdrawal providers.
  • Your Wizespirit profile can be associated with only one account from each Wizespirit withdrawal providers.  A withdrawal provider account can be associated with only one Wizespirit profile.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
  • To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
  • Withdrawals can only be made in the amount available to you.
  • The Minimum withdrawal amount possible is 10USD. Withdraw make involve fees paid to the payment operator (PayPal or others) and is not charged by wizespirit.
  • Withdrawal fees vary depending on the withdrawal provider / method.
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

 

18.Withdrawal Fees – Important notice regarding fees:

The fees are not fees charged by Wizespirit but by the different suppliers such as PayPal, according to their current policies.

 

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