digital media as defined by CRA 2015

[cheagavara]

hi, this is more of a hypothetical question and at the same time relevant to me. the consumer rights act includes digital content. if I go along to a online psychic site or an online tarot reading site or any of the online metaphysical sites or astrology sites, for example Johnathan Cainer or Michele Knight or any of the uk based people and ask for a reading or a chart done for me. if this reading or chart is emailed directly to me, lets say as a word document and is custom made for me, not available to download or buy without consultation, is it still deemed digital content. so for the sake of arguments the astrologer or tarot reader says "tall dark stranger will be my next love" and a few days later my short blonde ex girl friend gets in touch and professes undying love, the one I never got over and am still mad about, or they say my ex is gone for good and a week later she calls me and says she has made a mistake, then the prediction is wrong. can I say I wont to return the personalised reading and get a refund? any insight would be helpful

[nemesis45]

Re: digital media as defined by CRA 2015

hi, this is more of a hypothetical question and at the same time relevant to me. the consumer rights act includes digital content. if I go along to a online psychic site or an online tarot reading site or any of the online metaphysical sites or astrology sites, for example Johnathan Cainer or Michele Knight or any of the uk based people and ask for a reading or a chart done for me. if this reading or chart is emailed directly to me, lets say as a word document and is custom made for me, not available to download or buy without consultation, is it still deemed digital content. so for the sake of arguments the astrologer or tarot reader says "tall dark stranger will be my next love" and a few days later my short blonde ex girl friend gets in touch and professes undying love, the one I never got over and am still mad about, or they say my ex is gone for good and a week later she calls me and says she has made a mistake, then the prediction is wrong. can I say I wont to return the personalised reading and get a refund? any insight would be helpful

I doubt that astrological smoke and mirrors would have any etc., would be seen as anything than fanciful entertainment.
Yer pays yer money and takes your chance I think.

nem

[Amethyst]

Re: digital media as defined by CRA 2015

Well they could still be right, short blonde ex girlfriend is an old love reacquainted not your next love....

next time I'd give it more than a week before resorting to the psychic sites xx


But yes it is digital content and usual rules apply - so if it was fault or not fit for purpose you could return it - http://www.michelmores.com/news-view...igital-content

I don't think pyscics give guarantees things will be true so as Nem says I don't think you'd have any comeback if you received a document giving their ''predictions'' then you got what you paid for.

[cheagavara]

Re: digital media as defined by CRA 2015

ok...so the general consensus is, if I understand correctly, I set up an online site as a clairvoyant (whether you personally believe in such thing is immaterial as there are millions of such online sites) and I don't profess any degree of accuracy, providing I provide you with what I promised, ie my written prediction regarding the question you have asked, then whether that prediction is right or not I have fulfilled my half of the contract...and given that all of these site state that by law they are for entertainment purposes only then you cant say "i disagree with that and want my money back". I'm interested because when you consider how much someone like Johnathan Cainer, Russell Grant, Sally Morgan, Tony Stockwell, David Wells .......the list goes on, can charge I wonder if "for entertainment purposes only" protects them when some people truly believe they are going to get the answers to life

[nemesis45]

Re: digital media as defined by CRA 2015

ok...so the general consensus is, if I understand correctly, I set up an online site as a clairvoyant (whether you personally believe in such thing is immaterial as there are millions of such online sites) and I don't profess any degree of accuracy, providing I provide you with what I promised, ie my written prediction regarding the question you have asked, then whether that prediction is right or not I have fulfilled my half of the contract...and given that all of these site state that by law they are for entertainment purposes only then you cant say "i disagree with that and want my money back". I'm interested because when you consider how much someone like Johnathan Cainer, Russell Grant, Sally Morgan, Tony Stockwell, David Wells .......the list goes on, can charge I wonder if "for entertainment purposes only" protects them when some people truly believe they are going to get the answers to life

Caveat Emptor I think applies.

nem

[cheagavara]

Re: digital media as defined by CRA 2015

Caveat Emptor I think applies.

nem

so...I could set up doing this and as long as I say for entertainment purposes only and actually deliver the "reading" with the appropriate word count that I may decide upon to promise and I don't say it will all be true and accurate than its all good

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off to build that web site me thinks :santa_cheesy:

[nemesis45]

Re: digital media as defined by CRA 2015

so...I could set up doing this and as long as I say for entertainment purposes only and actually deliver the "reading" with the appropriate word count that I may decide upon to promise and I don't say it will all be true and accurate than its all good

- - - Updated - - -

off to build that web site me thinks :santa_cheesy:

How can any prediction be true and accurate a piece of seaweed hung up to predict rain??

[cheagavara]

Re: digital media as defined by CRA 2015

How can any prediction be true and accurate a piece of seaweed hung up to predict rain??

whether predictions can be true or not, whether you or I believe or not is not the point. the point is you can at this moment go online and book a reading that will be sent to you via email......the question isn't whether this is the right thing to do or if the people who do it are charlatans the question is ...if you or I or anyone purchases one of these readings as many people do can they ask for a refund if the prediction doesn't come true. the same could be said for gambling tipsters. is it digital content that if it doest come true can be deemed as faulty ?

[Amethyst]

Re: digital media as defined by CRA 2015

I suspect there is some case law about this type of thing ( not as recent as consumer rights atc though ) ......

[cheagavara]

Re: digital media as defined by CRA 2015

with this question people get hung up on the subject matter.....people don't believe in psychics, that's not the question and if you want to know how many people do try buying tickets to some of the top psychic/mediums live shows. its purly a question of what the law would say if you brought a reading or an astrological chart and you felt the information contained in it was incorrect.

[cheagavara]

Re: digital media as defined by CRA 2015

The Fraudulent Mediums Act 1951 repealed on 26 May 2008 which meant that psychics had to say it was for entertainment purposes only, but this was before the consumer rights act and

[nemesis45]

Re: digital media as defined by CRA 2015

whether predictions can be true or not, whether you or I believe or not is not the point. the point is you can at this moment go online and book a reading that will be sent to you via email......the question isn't whether this is the right thing to do or if the people who do it are charlatans the question is ...if you or I or anyone purchases one of these readings as many people do can they ask for a refund if the prediction doesn't come true. the same could be said for gambling tipsters. is it digital content that if it doest come true can be deemed as faulty ?

One may suppose that an individual could ask for a refund If a prediction failed but who is to say when exactly the event predicted was to occur, random, vague statements that could apply to untold millions of individuals.
Mediums have been convicted of fraud/deception/ obtaining money by false pretences.

Is Mercury going to vanish up Uranus and bring you a lottery win!! Who Knows.

nm

[cheagavara]

Re: digital media as defined by CRA 2015

so, the general consensus that any changes in law relating to the consumer rights act would make no difference to a psychic reading or astrological prediction as it stood before the act came into being . I say its entertainment purposes only, I delver the ordered product and that it

[Openlaw15]

Re: digital media as defined by CRA 2015

I want to comment but you'll know what am going to say before I tell you.

[cheagavara]

Re: digital media as defined by CRA 2015

I want to comment but you'll know what am going to say before I tell you.

lol I love it....firstly because of the humour and secondly because you have made several assumptions......firstly I claim to be a psychic or other person who can see the future...secondly you may be confusing psychics (alleged) with mind readers.....thirdly I am a believer in metaphysical ability ..... forth that this was about anything other than a point of law regarding ordering something that is delivered digitally but may or may not fall into digital content