Welcome to the Terms of Service (these “Terms”) for the website https://www.oracleofinsight.com/ (the “Website”), operated by Mistbound Media Limited (“Company,” “we,” or “us”).
Company Address: 200 - 5050 Kingsway, Burnaby, BC V5H 4H2, Canada.
The Website and any content, tools, features, functionality, products, subscriptions, and services offered on or through the Website are collectively referred to as the “Services.”
These Terms govern your access to and use of the Services. Please read them carefully; they contain important information about your legal rights. By accessing and/or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
For purposes of these Terms, “you” and “your” mean you as the user of the Services. If you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative with authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
SECTION 9 CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION (MEANING YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY), AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT AS EXPLAINED IN SECTION 9.
TABLE OF CONTENTS
- WHO MAY USE THE SERVICES
- USER ACCOUNTS
- ORDERS FOR PRODUCTS AND/OR SERVICES
- LOCATION OF OUR PRIVACY POLICY
- RIGHTS WE GRANT YOU
- OWNERSHIP
- THIRD PARTY SERVICES AND MATERIALS
- DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
- ARBITRATION AND CLASS ACTION WAIVER
- ADDITIONAL PROVISIONS
1. WHO MAY USE THE SERVICES
You must be sixteen (16) years of age or older to access or use the Services. Individuals under the age of majority in their jurisdiction of residence may use the Services only with the consent of a parent or legal guardian. The Services may not be used by individuals under 16 years of age.
By using the Services, you represent and warrant that you meet these requirements.
2. USER ACCOUNTS
To access or use certain paid portions of the Services, you may be required to log in or authenticate access using credentials associated with your purchase (for example, the email address and order details used to purchase) (“Account”).
You agree to provide accurate, complete, and current information related to your Account and to promptly update information as needed.
You are solely responsible for all activity that occurs under your Account and for maintaining the confidentiality and security of your login credentials. We are not responsible for any acts or omissions by you in connection with your Account.
You must promptly notify us at [email protected] if you know or suspect that your Account has been compromised or that there has been any unauthorized access or use.
We reserve the right to suspend or terminate Accounts, refuse access, or restrict use of the Services if we believe, in our discretion, that an Account is being used unlawfully, fraudulently, or in violation of these Terms, or if needed to protect the Services, the Company, or other users.
3. ORDERS FOR PRODUCTS AND/OR SERVICES
3.1 Payment
The Services may allow you to purchase certain products or services, including Company products/services and, in some cases, third-party products/services offered through the Services (collectively, “Offerings”).
You acknowledge and agree that all information you provide in connection with purchasing Offerings (including payment card, PayPal, or other payment information) is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide.
We reserve the right, with or without notice and in our sole discretion, to (a) discontinue, modify, or limit the available quantity of any Offerings, and (b) refuse or cancel any order.
When you purchase Offerings, you (a) agree to pay the price for such Offerings as displayed at checkout, along with any applicable taxes, shipping/handling, and other charges (the “Full Purchase Amount”), and (b) authorize us (and/or our payment processor) to charge your payment method for the Full Purchase Amount.
Some Offerings may be delivered or made available at a later date. You agree we may charge your payment method at the time of purchase rather than the date of delivery/access.
Unless otherwise noted, all currency references are in U.S. Dollars.
Orders may not be processed until payment has been received in full. Any holds or limitations imposed by your bank or payment provider are solely your responsibility.
3.2 Promotional Codes
We may offer promotional codes, referral codes, discount codes, coupon codes, or similar offers (“Promotional Codes”) that may be redeemed for discounts or other benefits, subject to additional terms presented at the time of issuance.
You agree that Promotional Codes:
- (a) must be used lawfully;
- (b) must be used only for the intended audience and purpose;
- (c) may not be duplicated, sold, transferred, or publicly posted unless expressly permitted by us;
- (d) may be disabled, modified, or conditioned by us at any time without liability;
- (e) may only be used in accordance with the terms we establish;
- (f) are not redeemable for cash or credit (unless required by law); and
- (g) may expire.
3.3 Gift Cards
We may offer tangible or digital gift cards with stored value (“Gift Cards”) for the purchase of Offerings.
We do not guarantee Gift Card balances and are not responsible for unauthorized access, theft, loss, or misuse of a Gift Card or Gift Card code resulting from your actions or failure to safeguard the code.
We may suspend or prohibit use of a Gift Card if it is reported lost/stolen or if we believe it is being used suspiciously or fraudulently.
Gift Cards:
- are not redeemable for cash except where required by law;
- cannot be used to purchase other gift cards;
- may not be resold or transferred for value;
- may not be used for unauthorized promotions, advertising, or sweepstakes;
- may not be redeemed for more than face value.
3.4 Changes and Pricing
We may revise or change the pricing, availability, specifications, descriptions, content, or features of any Offerings at any time.
While we aim to provide accurate descriptions, we do not warrant that Offering descriptions are complete, reliable, current, or error-free. The inclusion of any Offering at a particular time does not guarantee availability at any other time.
We reserve the right to correct pricing errors and cancel orders placed under an incorrect price. If we cancel after you have been charged, we will refund the amount charged.
3.5 Order Acceptance; Shipping (If Applicable)
After you place an order, we may provide an order confirmation. Your receipt of an order confirmation does not mean we have accepted your order; it only confirms that we received it.
We may accept or decline an order for any reason in our discretion. If we cancel an order after you have been billed, we will refund the billed amount.
If physical goods are offered, title and risk of loss transfer to you when we deliver the shipment to the carrier. We may ship partial orders at no additional cost. Delivery dates are estimates and not guaranteed.
3.6 Refund Policy
All sales are final except where required by applicable law or where expressly stated otherwise at checkout.
Because many Offerings are digital, experiential, ritual-based, or made available immediately upon purchase, refunds are generally not available once access has been provided.
If an Offering is presented with a specific refund policy at checkout, that stated policy will apply to that Offering.
Nothing in this section limits any non-waivable rights you may have under applicable consumer protection laws.
3.7 Subscriptions, Free Trials, and Recurring Billing
Certain Offerings may include recurring subscription access (“Subscription Services”). Subscription Services may include a free trial period (for example, a free 7-day trial of Weekly Aura Alignment), after which your subscription will automatically continue and you will be charged the recurring fee disclosed at checkout (for example, $29 per month) unless you cancel before the trial ends.
By purchasing or enrolling in a Subscription Service, you agree that:
- (a) your subscription will automatically renew unless canceled;
- (b) if a free trial is included, you will be charged the recurring fee at the end of the trial unless you cancel before the trial expires;
- (c) charges will be billed to the payment method you provide; and
- (d) you authorize us (and/or our payment processor) to charge your payment method on a recurring basis until you cancel.
Cancel Anytime. You may cancel your subscription at any time by following the cancellation instructions provided through the Services or by contacting [email protected]. Cancellation stops future billing. Unless otherwise stated at checkout, you will retain access through the end of the current billing period.
No Partial Period Refunds. Except where required by law or expressly stated at checkout, we do not provide prorated refunds for unused time in a billing cycle.
Failed Payments. If a recurring charge fails, we may retry processing and/or suspend subscription access until payment is successfully processed.
Price Changes. We may change subscription pricing, but we will provide notice before changes take effect.
3.8 No Delivery to Children Under 16
In furtherance of our policy of not permitting children under 16 to use the Services, you may not provide us the personal information of any person under 16 for delivery, shipping, or any other purpose.
3.9 Ritual Upgrades, Energetic Activations, and Invocation-Based Offerings
Certain Offerings may be described using terms such as “Deluxe Edition,” “Premium Edition,” “Sovereign Edition,” “Invocation,” “Activation,” “Infusion,” “Alignment,” “Calibration,” “Energetic Reset,” “Prosperity Invocation,” “Abundance Activation,” “Protection Frequency,” “Blessing,” “Transmission,” or similar language (collectively, “Energetic Offerings”).
You acknowledge and agree that:
- (a) Energetic Offerings are experiential, symbolic, spiritual, or entertainment-based in nature;
- (b) Any descriptions referring to dissolving blocks, clearing resistance, activating abundance, aligning with prosperity, attracting love, infusing frequency, elevating vibration, opening pathways, or similar language are metaphorical or expressive in nature and are not representations of measurable, guaranteed, or objective results;
- (c) No specific financial, relational, emotional, physical, or life outcomes are promised or guaranteed;
- (d) Individual experiences may vary significantly from person to person;
- (e) Energetic Offerings are not a substitute for financial advice, investment advice, legal advice, medical care, psychological counseling, therapy, or any licensed professional service;
- (f) You remain solely responsible for your decisions, actions, and outcomes in all areas of your life.
By purchasing or accessing an Energetic Offering, you understand and agree that it is provided for entertainment and personal enrichment purposes only.
This Section 3.9 supplements, and does not replace, the disclaimers set forth in Section 8.
4. LOCATION OF OUR PRIVACY POLICY
Our Privacy Policy describes how we collect, use, and protect personal information. Please review it on the Website (including the privacy page linked in the Website footer).
5. RIGHTS WE GRANT YOU
5.1 Right to Use Services
We grant you a limited, personal, non-transferable, non-sublicensable, non-exclusive license to access and use the Services for your personal, non-commercial use, provided you comply with these Terms.
Your access may be interrupted from time to time due to maintenance, updates, repairs, system failures, or other actions we may take.
5.2 Restrictions on Use
You may not, unless applicable law prohibits these restrictions or we provide written permission:
- (a) copy, download, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any information obtained from the Services, except temporary cached files or as expressly permitted;
- (b) reverse engineer, decompile, disassemble, decode, or attempt to derive source code or underlying ideas;
- (c) remove or alter copyright, trademark, or other proprietary notices;
- (d) use bots, automation, scrapers, or unauthorized software to access or modify the Services;
- (e) exploit the Services for commercial purposes;
- (f) interfere with or disrupt the Services or other users’ access;
- (g) attempt unauthorized access to systems or accounts;
- (h) circumvent security features or protections;
- (i) introduce malware or harmful code;
- (j) submit content that is unlawful, defamatory, obscene, invasive of privacy, harassing, hateful, or otherwise inappropriate;
- (k) violate any applicable law or regulation; or
- (l) access or use the Services in any manner not expressly permitted by these Terms.
6. OWNERSHIP
6.1 Ownership of the Services
The Services, including look and feel, text, graphics, images, logos, audio, video, and proprietary content are protected by intellectual property laws. The Company and/or its licensors own all right, title, and interest in and to the Services.
6.2 Trademarks
The Company name, Website name, logos, and related branding may be trademarks of the Company or its licensors. Other marks belong to their respective owners.
6.3 Feedback
If you provide feedback or suggestions (“Feedback”), you agree that we may use it for any purpose without compensation, and you grant us a perpetual, irrevocable, worldwide, royalty-free right to use and exploit such Feedback.
7. THIRD PARTY SERVICES AND MATERIALS
The Services may include Third Party Materials or links to third-party websites. We are not responsible for evaluating their content and do not endorse them. We assume no liability for Third Party Materials, third-party websites, or third-party products/services.
8. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
8.1 Disclaimers
(a) AS IS / AS AVAILABLE. Your use of the Services is at your own risk. The Services are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, the Company and its affiliates, directors, officers, employees, agents, contractors, partners, and licensors (the “Company Entities”) disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
The Company Entities do not warrant:
- (i) that the Services will be accurate, complete, timely, secure, or reliable;
- (ii) that access will be uninterrupted or error-free;
- (iii) that defects will be corrected; or
- (iv) that the Services will meet your requirements.
(b) ENTERTAINMENT PURPOSES ONLY. All readings, rituals, meditation audios, soulmate drawings, astrological charts, intuitive insights, divination content, and any offerings described as performed, activated, infused, transmitted, prepared, or conducted are provided for entertainment purposes only. The Services may contain errors or information that is incomplete or incorrect, and content may not be unique. You should not rely on the Services for medical, legal, financial, investment, psychological, or other professional advice.
RESULTS MAY VARY. Experiences and outcomes are subjective and differ from person to person. No guarantees are made regarding results, accuracy, effectiveness, manifestations, relationships, finances, health, or other outcomes.
(c) USER/THIRD-PARTY CONTENT. The Company Entities are not responsible for content created, uploaded, posted, or transmitted by users or third parties.
(d) POTENTIALLY OFFENSIVE CONTENT. You may be exposed to content that is offensive, misleading, or otherwise inappropriate; the Company Entities are not responsible for such content.
8.2 Limitation of Liability
To the maximum extent permitted by law, in no event will the Company Entities be liable for any indirect, special, exemplary, incidental, consequential, or punitive damages (including loss of profits, data, goodwill, business interruption, or procurement of substitute goods/services), arising out of or related to your use or inability to use the Services, regardless of theory of liability and even if advised of the possibility.
The total liability of the Company Entities for any claim will not exceed the greater of $100 USD or the amount you paid (if any) to the Company Entities in the prior six (6) months for the Services or Offerings giving rise to the claim.
Some jurisdictions do not allow certain limitations; where prohibited, the above may not apply to you.
8.3 Indemnification
You agree to defend, indemnify, and hold harmless the Company Entities from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:
- (a) your breach of these Terms or applicable law;
- (b) your violation of any third-party right;
- (c) your misuse of the Services; or
- (d) your negligence or willful misconduct.
9. DISPUTE RESOLUTION (MEDIATION, ARBITRATION, AND CLASS ACTION WAIVER)
9.1 PLEASE READ CAREFULLY
This section affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
9.2 Informal Process First
Before initiating mediation, arbitration, or court proceedings, you and the Company agree to attempt to resolve any dispute informally.
The party initiating the dispute must send written notice to the other party describing the nature of the dispute and the requested resolution. The receiving party will have thirty (30) days to respond. This informal process is a condition precedent to mediation or arbitration.
9.3 Mediation
If the dispute cannot be resolved informally, the parties agree to attempt to resolve the dispute through good-faith mediation before initiating arbitration.
The mediation will take place in Vancouver, British Columbia, Canada, before a mutually agreed-upon mediator.
Any mediation costs and fees (excluding each party’s legal or attorney fees) will be shared equally by the parties.
If the parties are unable to reach a mutually satisfactory resolution through mediation within a reasonable period of time, the dispute shall proceed to binding arbitration as described below.
9.4 Arbitration Agreement
If mediation does not resolve the dispute, any dispute, claim, or controversy relating to the Services or these Terms (a “Claim”), including questions of arbitrability, shall be resolved by final and binding individual arbitration.
Arbitration will be administered by a recognized Canadian arbitration provider such as VanIAC (Vancouver International Arbitration Centre) or ADRIC (ADR Institute of Canada) under the rules in effect at the time the arbitration is commenced.
The arbitration will:
- Be conducted in English
- Be conducted before a single arbitrator
- Take place in Vancouver, British Columbia, Canada
Judgment upon the arbitration award may be entered in any court of competent jurisdiction.
9.5 Exceptions
The following disputes may be brought in a court of competent jurisdiction:
- (a) Individual claims within small claims court jurisdiction;
- (b) Claims seeking solely injunctive or equitable relief;
- (c) Intellectual property disputes.
9.6 Costs
Arbitration costs and fees will be allocated according to the applicable arbitration rules and as permitted by law.
9.7 Opt-Out
You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms.
Your notice must clearly state that you wish to opt out and include the name and email address associated with your account or purchase.
If you opt out of arbitration, you will not be bound by Sections 9.3 through 9.6, but the class action waiver below will still apply to the fullest extent permitted by law.
9.8 Class Action Waiver
To the fullest extent permitted by law, you and the Company agree that any proceeding to resolve a Claim will be brought solely in an individual capacity and not as part of any class, collective, consolidated, or representative action.
The arbitrator may not consolidate claims or preside over any class proceeding.
If a court determines that this class action waiver is unenforceable with respect to a particular claim, that claim must proceed in court and not arbitration.
10. ADDITIONAL PROVISIONS
10.1 SMS Messaging and Phone Calls
Certain parts of the Services may allow us to contact you by phone or text message (including via automated systems), including for marketing where permitted by law. You may opt out of marketing texts by replying STOP or contacting [email protected]. Consent to marketing is not required as a condition of purchase.
10.2 Updates to These Terms
We may modify these Terms from time to time and will update the “Last Revised” date above. Continued use of the Services after changes become effective constitutes acceptance. No changes apply retroactively to a dispute for which arbitration has already been initiated.
10.3 Termination
If you breach these Terms, the licenses granted to you may terminate automatically. We may suspend, disable, or terminate your Account or access to the Services at any time, with or without notice, for any reason. Sections that by their nature should survive termination will survive.
10.4 Injunctive Relief
You agree that a breach may cause irreparable harm for which monetary damages are inadequate, and the Company may seek injunctive or equitable relief without posting a bond where permitted by law.
10.5 Severability
If any provision is unlawful or unenforceable, that provision will be severed and the remaining provisions will remain in effect.
10.6 Assignment; No Waiver; Headings
We may assign these Terms without restriction. You may not assign these Terms without our prior written consent. Failure to enforce a provision is not a waiver. Headings are for convenience only.
10.7 Governing Law and Venue
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws rules. If arbitration does not apply, disputes will be brought in the courts located in Vancouver, British Columbia, and you consent to jurisdiction there.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
10.8 How to Contact Us
You may contact us about the Services or these Terms at:
[email protected]Mistbound Media Limited
200 - 5050 Kingsway
Burnaby, BC V5H 4H2
Canada