Terms and Conditions
These terms and conditions (the “Terms”) of BD Technologies AG, expressly declare and outline the rules and regulations for the use of the website (“mediumaustralia.com”). The Terms are conditions precedent for the use of the Website. By accessing/using/recommending/signing up/referring to someone/opening a link to the Website, we assume you accept these Terms, without any force and coercion. Do not continue to use the Website if you do not agree to take all of the Terms stated on this page.
1. Definitions
1.1. Unless otherwise defined, the following definitions apply to these general terms and conditions:
- Terms and Conditions: These general terms and conditions, which apply in the relationship between BD Technologies AG and the client/visitor.
- Consultant: A natural person who provides services by answering client messages through virtual profiles created by the Company.
- Profile: A virtual profile that allows clients to communicate with consultants by sending messages that will be answered by the consultants.
- BD Technologies AG, We, the Company or also Operator: BD Technologies AG, which operates this website.
- Chat: Digital means of communication made available on this website, via which clients and consultants can communicate.
- Credits: Digital, system-specific means of payment with which the chats on this website are paid.
- Services: Services provided by the consultants on the website, which the client can request.
- Recording: procedure by which information and events that take place on this website are digitally stored.
- Client: natural person who visits this website and/or uses the services offered.
- Parties: common name of BD Technologies AG and the client.
- Account: set of personal data and characteristics that a Client makes available to Consultants and/or to the Company in order to log in and to use the full functionality of the Website.
- Website: Virtual presence of BD Technologies AG at mediumaustralia.com, which provides a platform for communication between clients and consultants. The website is operated by BD Technologies AG.
- Website use: means visiting Website, availing the Services offered on Website.
2. Scope of application
2.1. These terms and conditions contain the conditions for visiting the website and using the services offered, which are exclusively applicable between BD Technologies AG and its clients/You.
2.2. By using this website and / or using the services, the client fully agrees to these terms and conditions and the following data protection declaration.
2.3. The use of the website and the services it provides are intended for those 18 years and over and of legal age in Australia (Age of Majority Act, 1977 (Cth). All clients must legally have control of their own finances and must not be subject to appointeeship, ILA, ward of court or bankruptcy administration, nor suffer from Alzheimer’s or any other mental, neurodegenerative disorders or even disorders caused by ageing.
2.4. The current and binding version of the General Terms and Conditions can be accessed at any time on this website and can be downloaded by the client as a PDF file at any time free of charge.
3. Content and use of the website
3.1. The Website is for entertainment purposes only. The Website provides a platform on which the Client can contact and communicate with one or more profiles (simultaneously). The Client can choose from a number of profiles, each of which features a created persona with a fictional name and identity. Every message sent by the Client to a profile is answered by one of our Consultants. The communication between the Client and the Consultant is unique and tailored to the Client. All messages from the Client are answered as quickly as possible, by the first Consultant available. The communication in the chat between the Client and the Consultants, whereby several Consultants can participate in the course of one conversation, is confidential according to the privacy statement. To offer the best Client experience and ensure a natural conversation flow, the Consultants will represent and impersonate the profile chosen by the Client to communicate with.
3.2. Furthermore, after a session, Clients/You can also leave comments and/or ratings for a profile about the experience they had on the website.
3.3. Various e-books are also available for purchase on this website.
3.4. In order to protect the personal rights of the consultants, BD Technologies AG provides the names and the profile photos of the profiles. The images and information in the profiles used for this purpose are strictly for marketing purposes and therefore do not correspond to the consultants who provide the actual answers to a conversation. The Client shall not have any right to sue for any error or miscommunication made by the consultants and the Client shall waive all rights to do the same.
3.5. You are hereby being informed and made aware and you accept that, the Company is allowed to send (and may send at intervals) automatic messages on the Website from profiles to Clients/You. The Company is also allowed to initiate the chats between consultants and Clients.
3.6. This website is generally available 24 hours a day, 7 days a week. This availability does not apply to downtimes due to maintenance, software updates or technical problems that cannot be influenced by the operator (e.g. third-party negligence, force majeure, etc.) or any event beyond human control. In order to be able to use the website to the full extent, the client must use the current version of the Internet browser used.
3.7. The availability of certain profiles and consultants is not guaranteed and shall not fall under the consumer guarantee as per the Competition and Consumer Protection Act, 2010.
3.8. This web service is not intended for: diagnosing of diseases, promising medical healings, performance of exorcism and purification from evil as well as doing rebirth.
4. Registration and conclusion of a contract
4.1. Registration is required to use this website and the services. During the registration process, the client creates a personal account for which an email address, a username, a date of birth and a password of their own choice is required.
4.2. (default) 10 free credits are given after registration. However, BD Technologies AG may request to have the email address to be verified before these free credits are activated. In addition, verification checks are implemented to prevent spam-accounts from obtaining free credits. If the client hasn't received free credits, they can always contact the customer service.
4.2. (pps) 310 free credits are given after registration. However, BD Technologies AG may request to have the email address to be verified before these free credits are activated. In addition, verification checks are implemented to prevent spam-accounts from obtaining free credits. If the client hasn't received free credits, they can always contact the customer service.
4.3. You affirm and declare that the information provided by You/Client during the registration process up-to-date, complete and correct. In the event that You/Client provide incorrect information, We/Website/operator reserves the right to block or deactivate the personal account of the client without compensation without any notice. Changes in relation to the information provided must be passed on to the operator immediately or made by the client themselves.
4.4. With the registration, an unlimited contractual relationship arises between BD Technologies AG and the client, which is based on the rules of these terms and conditions. This relationship is entered into for an indefinite period and can be cancelled at any time. See Article 13 on Termination.
5 Use of the website
5.1. The client shall only use the website in accordance with these terms and conditions, i.e. only for communication with the consultants, the purchase of e-books and / or the use of the services. Any other use is prohibited.
5.2. You declare that You/Client shall not be allowed to create accounts for other people or to make their own account available to other people. Professional/commercial use of the website is also not allowed.
5.3. The client shall be responsible for keeping their username and password confidential. Furthermore, the client is responsible for their account and especially the use by third parties. In the event of a suspected abuse of the account BD Technologies AG must be informed immediately by the registered client. BD Technologies AG assumes no responsibility for the unauthorised use of the account by third parties.
5.4. The client undertakes to hold BD Technologies AG harmless from any kind of legal action, damage, loss or claim that may arise through their registration and / or use of the website and the services, provided that the client has acted culpably. This applies in particular to damage due to defamation, insults, and violation of personal rights, a violation of these terms and conditions as well as violation of intellectual property or other rights.
5.5. The client undertakes not to misuse the website and services, in particular:
- not to gain unauthorised access to this website;
- not to make copies or duplicates of profiles or their contents or use it in any other way against the consent of BD Technologies AG;
- not to publish any content (e.g. photos, texts or the like) that is offensive, denial, obscene, pornographic, hurtful, violent, or that is right-wing or radical left, racist, glorifies violence or illegal;
- to use the website for any form of unlawful or even criminal activity;
- not to divulge any confidential or secret information;
- not to threaten, harass or violate the rights of third parties (e.g. intellectual property rights, personal rights);
- not to misuse computers ("hack") via the website;
- to destroy, damage or render unusable systems or automated work and software of third parties;
- not to spread viruses or otherwise interfere with the website and / or the services offered;
- not to gain access to the website with the help of wrong keys, wrong codes and other wrong properties;
- not to improperly use personal information provided on the website;
- not to send any “junk mails”, “spam”, chain letters, “mailings” to the profiles, customer service or via the contact form;
- not to publish any images or photos from third parties;
- not to use any contact information (e.g. telephone numbers, addresses, names, URLs, e-mail addresses) and no images from third parties.
- only share pictures they are allowed to share and that do not contradict any other limitations mentioned above in 5.5.
5.6. In the event of a breach of the aforementioned provisions 5.1 - 5.5 BD Technologies AG shall block or deactivate the personal account of the client without compensation and terminate the contractual relationship immediately. BD Technologies AG reserves the right to refuse, change or delete photos, images, animations or other images. In addition BD Technologies AG can initiate civil law measures or criminal prosecution without prior notice.
6. Use of services
6.1. The client may only contact the consultants via the profiles on the website and the chats provided for this purpose. Any other contact with the advisors is prohibited. Furthermore, the services can only be obtained via the website. The client is prohibited from inciting the consultants to offer the services outside of the website.
6.2. Should a consultant contact the client outside of the website (for example by phone, email or social network), the client should inform BD Technologies AG via the contact form available on the website. In addition, the client should never reply to this kind of solicitations which are in direct violation of those terms and conditions. If the client does so in violation of these Terms, the Company bears no liability for any resulting actions or consequences, and his ability to use the Platform may be revoked. In an effort to protect certain personal data, which includes email addresses, weblinks and telephone numbers, information in the chats are automatically censored by our system and therefore are not visible by other users.
6.3. Saving, recording or forwarding the chat histories between the client and the consultants without the express consent of the consultant and BD Technologies AG is prohibited.
6.4. The client agrees not to resell the services or to obtain any other commercial benefit from them.
6.5. If a banned client re-enters the service/create a new account without our consent, we have the right to close down this account without any compensation. Any remaining credits of the new account would then be lost.
6.6. In the event of a violation of the aforementioned provisions 6.1 - 6.5 BD Technologies AG can block or deactivate the personal account of the client without compensation and terminate the contractual relationship immediately. In addition BD Technologies AG can initiate civil law measures or criminal prosecution without prior notice.
7. Comments and ratings
7.1. The client can comment on and rate the profiles on the website, although only one comment or rating per profile within a reasonable time is permitted. However, all comments and ratings submitted by clients must be truthful.
7.2. Comments and ratings can be submitted by the client in the input window provided for this purpose. Once the comments and ratings have been sent, they can no longer be changed. At the same time, all rights to the comments and ratings are transferred to BD Technologies AG.
7.3. The client undertakes not to write any comments or ratings that are insulting, defamatory, degrading or harmful to the consultants or to profiles. Furthermore, the client is prohibited from disclosing private addresses, e-mail and Internet addresses, links, as well as the specification of telephone numbers and personal data in comments.
7.4. The submitted comments are checked for violations of the above-mentioned provisions 7.1 - 7.3 by BD Technologies AG before they are published. BD Technologies AG reserves the right not to publish or delete comments that violate the above provisions 7.1 - 7.3. In the event of a recurrence BD Technologies AG can block or deactivate the personal account of the client without compensation and terminate the contractual relationship immediately.
7.5. BD Technologies AG assumes no liability for the comments and ratings given by the client . The client is solely responsible for the content of their comments and ratings.
8. Payment
8.1 The user may only select from the accepted payment methods provided by the Company.
- Credit/Debit Card
- Paypal
- Bankwire
8.2 All transactions are one-time payments; no subscriptions or automatic charges will be applied.
8.3 Payments must be made directly. Credits will be reflected within 15 minutes of payment, except for bank wire transfers which may take up to three working days.
8.4 Additional fees may apply. Please consult your bank for further information regarding such charges.
8.5 Users may opt to save their credit card information with our payment provider. This allows for one-click payments. The credit card will only be charged when the user initiates a payment.
8.6 The Company reserves the right to modify the available payment methods at any time.
8.7 Sending messages to the consultants is paid for using so-called credits. One message costs 5 Credits. Those credits can be purchased by clients using common payment methods on the website.
8.8 Credits have no limited validity. The reimbursement of unused credits is defined in article 14, Withdrawal. For any questions about payments and credits, the client can always contact the customer service via email or via the contact form available on the website.
8.9 Credits can be purchased as credit packs. The cost per credit may vary depending on the chosen credit pack. The cost per credit decreases gradually the bigger the credit pack is. Some credit packs also offer free credits. Those free credits are included in the total amount of credits displayed on the pack.
8.10. Our service does not offer any subscription or auto-renewal. Each payment is made on a one-time basis and no charge can be made without the customer's authorization.
8.11 E-books offered on the website can be purchased directly by clients using common payment methods. No credits are required for this.
9. Liability
9.1. BD Technologies AG applies the care customary in the industry and standards generally recognised in the industry for the fulfilment of the contract. BD Technologies AG does not warrant that the functions offered by BD Technologies AG will meet the client’s requirements, or will operate in the manner desired by the client or that the website will be error free, or free from unauthorised intrusion.
9.2. BD Technologies AG is not responsible for the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written during any conversation or through the services in general. The client will not hold BD Technologies AG responsible for the acts or omissions of any consultants.
9.3. BD Technologies AG will not, under any circumstances, be liable to a client or any other person for any special, incidental, consequential, or other damages resulting from the use of the website, including reliance by any person on information obtained through the website, virus transmission, or deletion or loss of files or e-mail, loss of data or information of any kind, loss of profit, or liability to third parties, however caused, whether by the act or negligence of BD Technologies AG or otherwise. Indemnity : the client releases and indemnities BD Technologies AG against all actions, claims, costs (including legal costs and expenses), losses, proceedings damages, liabilities or demands suffered or incurred by BD Technologies AG in connection with the client’s failure to comply with this Agreement.
9.4. If the client believes that their use of mediumaustralia.com endangers their financial situation and / or that he develops a form of dependency, it is their responsibility to contact BD Technologies AG and to exclude themselves from the website by e-mail or via the contact form available on the website.
9.5. Under no circumstances should the information presented with BD Technologies AG ‘s services and/or products replace any recommendations received from legal, health or financial professionals, or for any other field of activity. Consultants, including those replying with a profile presenting "healing" gifts, undertake not to make any statement that could be considered as a health prognosis or judgement on the treatment followed by the client. If despite all this was perceived as such by the client, it is his own responsibility.
9.6. Consultants working on mediumaustralia.com are subject to an obligation of means. This invites them to share their knowledge and advice with the client.The obligation of means creates the impossibility of any certainty or guarantee as to the accuracy, veracity or even the possible realisation of the advice and predictions provided. It is therefore incumbent on the client to be fully aware of the limits concerning the potential results of the discussions with the consultants, which can in no way be guaranteed. BD Technologies AG consultants are required not to place the client in a situation that endangers his financial situation and undertake to warn him if they detect a dependency on the service. It is the client's responsibility to choose whether or not to continue using the service. BD Technologies AG may choose to close up an account if the client's financial situation appears to be put in jeopardy by his utilisation of the service.
9.7. The customer guarantees that the content (e.g. evaluation comments, images) made available to us is free of third-party rights; he exempts us from all third-party claims that they assert against us because of the use of such content, including court costs, reasonable legal defense costs and claims for damages.
10. Data protection
10.1. BD Technologies AG undertakes to comply with the applicable data protection regulations and to take all economically reasonable as well as technically and organisationally possible precautions so that client data is effectively protected against access, knowledge and further processing by unauthorised persons.
10.2. While using the website and / or the services, the client’s information is logged. This logged information is necessary for the correct functioning of the website as well as for optimising and improving the website. The logged information can also be used to uncover violations of these terms and conditions, violations of the law or criminal acts. The client has to bear the resulting costs.
10.4. For more detailed information on personal data processing, we refer to our privacy policy.
11. Complaints
11.1. In the case of complaints, the client must address their complaint in writing via the contact form or email to BD Technologies AG.
11.2. BD Technologies AG endeavours to answer client complaints within 10 working days and to solve the problem, whereby BD Technologies AG assumes no responsibility for conflicts between clients and consultants (see also Article 12). BD Technologies AG will inform the client in writing.
11.3. The platform and its services may only be used within the framework of applicable law and in compliance with these terms and conditions. In particular, the Client is prohibited from making statements on the platform or as part of a conversations that are harmful to young people, pornographic, right-wing or left-wing extremist, glorify violence, are insulting or otherwise objectionable or violate other applicable laws, morals or violate the rights of third parties.
12. Conflicts between clients and consultants
12.1. BD Technologies AG is not responsible for the services provided by the consultants and does not act as an arbitrator in the event of a conflict between the clients and the consultants.
13. Termination
13.1.. The agreement with regard to the use of the services of the website between the parties is entered into for an indefinite period of time. The client has the right to stop using the service and delete the account at any time. Client accounts will be deactivated after 180 days of inactivity.
13.2. On the website the client can request to close their account. The client won't be able to access their account and is not able to receive any new messages. The option to have purchased credits refunded is mentioned in article 14.
13.3. The client can also request a GDPR deletion. This request needs to be done via email. After deletion, all data and messages will be permanently removed. The client can therefore no longer claim any outstanding credits or refunds.
13.4. All messages received will be shown in the inbox. Messages will be visible for 40 days
14. Right of withdrawal
14.1. The client has the right to cancel the purchase of credits (and thus the credit acquired through a credit package) within 14 days of the date of purchase (withdrawal period) without giving reasons (right of withdrawal). If the client completely uses up the purchased credits within the cancellation period, their right of cancellation expires. If the client wants to make use of their right of withdrawal, he must notify this in writing via the contact form or email. The notification must clearly state that the client wishes to cancel the purchase. In order to comply with the withdrawal period, it is sufficient to send a notice about exercising the right of withdrawal before the withdrawal period has expired.
14.2. The refund will be made within 14 days of exercising the right of withdrawal to a bank account specified by the client .
14.3. If the client has already used up credits within the revocation period, only the packs of credits not yet used, i.e. the balance, will be refunded.
15. Intellectual property (intellectual property law)
15.1. All rights including intellectual property rights (in particular copyright and related property rights) to the website, e-books and information on the website are the sole and exclusive property of BD Technologies AG.
15.2. No content of this website or the e-books of BD Technologies AG may be reproduced, distributed, rented, changed or edited without written permission.
15.3. If the client uploads content (e.g. texts, photos, images, videos or the like) to the website that may be protected by intellectual property law, the client assures that he is the owner of the intellectual property rights. By uploading the content via the website, the client irrevocably transfers their intellectual property rights to the content BD Technologies AG for commercial use.
15.4. If BD Technologies AG is informed of illegal content or links uploaded by the client , then BD Technologies AG has the right, but not the obligation, to remove this content or link immediately.
16. Place of jurisdiction and applicable law
16.1. These Terms and Conditions are governed by and interpreted according to the laws of the BD Technologies AG's Principal Jurisdiction. (Switzerland)
16.2 Any disputes arising from these Terms shall be exclusively resolved in the courts of the BD Technologies AG's Principal Jurisdiction.
16.3 This provision shall not affect the legal protection you are entitled to under the mandatory laws of your country of residence.
17. Final provisions
17.1. Should contractual provisions prove to be ineffective or impracticable, this shall not affect the validity and effectiveness of the remaining contractual provisions. Instead of the ineffective or unenforceable contractual provisions, the parties will find a solution that comes as close as possible to the ineffective or unenforceable contractual provision in terms of its economic result.
17.2. Additions, changes or the cancellation of the contract (including this provision) must be made in writing to be valid.
17.3. In the event of force majeure, which prevents BD Technologies AG from fulfilling the contract or makes it unreasonably difficult, BD Technologies AG is entitled to withdraw from the contract in whole or in part at its own discretion without any consequences of liability. Force majeure includes all circumstances that are independent of the will and influence of the parties, such as natural disasters, government measures, official decisions, blockades, war, terrorist attacks, strikes, lockouts, confiscations or other circumstances that are unforeseeable, serious and through no fault of the parties and occur after the conclusion of the contract.
17.4. BD Technologies AG reserves the right to change the website and / or the services at any time if this is required by a change in law, a decision by the authorities or case law. Technical changes or the closing of security gaps can be made by BD Technologies AG at any time, provided this does not have any significant effects on the client .
17.5. We reserve the right to change these Terms and Conditions of Use at any time without notice, for example to reflect changes in the law or in our Services and/or Products. We recommend that you consult these Terms and Conditions of Use regularly.
Last updated at 21-08-2024
Helpdesk:
Email: debra@mediumaustralia.com
Phone (Mon - Thurs / 6pm AEST - 10pm AEST): +61 1800 961 004
Mediumaustralia.com is a product of:
BD Technologies AG
Address:
Baarerstrasse 82
6300 Zug
Switzerland
COC number:
CHE‑443.976.147
VAT number:
EU372033696