Begin creating a more meaningful life
1. About the Website
i. Welcome to joshmelano.com (the ‘Website’). The Website (the ‘Services’).
ii. The Website is operated by Josh Melano (ABN 64207821143). Access to and use
of the Website, or any of its associated Products or Services, is provided by
Josh Melano. Please read these terms and conditions (the ‘Terms’) carefully. By
using, browsing and/or reading the Website, this signifies that you have read,
understood and agree to be bound by the Terms. If you do not agree with the
Terms, you must cease usage of the Website, or any of Services, immediately.
iii. Josh Melano reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Josh Melano updates the Terms,
it will use reasonable endeavours to provide you with notice of updates to the
Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms for
your records.
2. Acceptance of the Terms
i. You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made
available to you by Josh Melano in the user interface.
3. Copyright and Intellectual Property
i. The Website, the content and all of the related products of Josh Melano are
subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the content and
compilation of the Website (including but not limited to text, graphics, logos,
button icons, video images, audio clips, Website, code, scripts, design
elements and interactive features) or the content are owned or controlled for
these purposes, and are reserved by Josh Melano or its contributors.
ii. All trademarks, service marks and trade names are owned, registered and/or
licensed by Josh Melano, who grants to you a worldwide, non-exclusive, royalty
free, revocable license whilst you are a user to:
1. use the Website pursuant to the Terms;
2. copy and store the Website and the material contained in the Website in your
device’s cache memory;
3. and print pages from the Website for your own personal and non-commercial
use.
4. Josh Melano does not grant you any other rights whatsoever in relation to
the Website or the content. All other rights are expressly reserved by Josh
Melano.
iii. Josh Melano retains all rights, title and interest in and to the Website
and all related content. Nothing you do on or in relation to the Website will
transfer any:
1. business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
2. a right to use or exploit a business name, trading name, domain name,
3. trade mark or industrial design, or
4. a thing, system or process that is the subject of a patent, registered
design or copyright (or an adaptation or modification of such a thing, system
or process),
to you.
iv. You may not, without the prior written permission of Josh Melano and the
permission of any other relevant rights owners: broadcast, republish, up-load
to a third party, transmit, post, distribute, show or play in public, adapt or
change in any way the content or third party content for any purpose, unless
otherwise provided by these Terms. This prohibition does not extend to
materials on the Website which are freely available for re-use or are in the
public domain.
4. Privacy
i. Josh Melano takes your privacy seriously and any information provided
through your use of the Website and/or content are subject to Josh Melano’s
Privacy Policy, which is available on the Website.
5. General Disclaimer
i. Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
ii. Subject to this clause 5, and to the extent permitted by law:
1. all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
2. Josh Melano will not be liable for any special, indirect or consequential
loss or damage (unless such loss or damage is reasonably foreseeable resulting
from our failure to meet an applicable Consumer Guarantee), loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the
content or these Terms (including as a result of not being able to use the
content or the late supply of the content), whether at common law, under
contract, tort (including negligence), in equity, pursuant to statute or
otherwise.
iii. Use of the Website and the content is at your own risk. Everything on the
Website and the content is provided to you “as is” and “as available” without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of Josh Melano make any express
or implied representation or warranty about the content or any products or
content (including the products or content of Josh Melano) referred to on the
Website. This includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
1. failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer virus
or other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access
to records;
2. the accuracy, suitability or currency of any information on the Website, the
content, or any of its content related products (including third party material
and advertisements on the Website);
3. costs incurred as a result of you using the Website, the content or any of
the products of Josh Melano; and
4. the content or operation in respect to links which are provided for your
convenience.
iv. The Website information is provided with the understanding that nothing
presented will be taken as, or in lieu of, Medical, Therapeutic, Financial,
Psychological or Professional advice
v. If you suffer from serious medical or psychological conditions please
consult your doctor or healthcare professional before attempting to utilize any
information or patterns from the Website, to ensure it is appropriate to do so
6. Limitation of liability
i. Josh Melano’s total liability arising out of or in connection with the
content or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed
the resupply of the content to you.
ii. You expressly understand and agree that Josh Melano, its affiliates,
employees, agents, contributors and licensors shall not be liable to you for
any direct, indirect, incidental, special consequential or exemplary damages
which may be incurred by you, however, caused and under any theory of
liability. This shall include, but is not limited to, any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.
iii. You acknowledge and agree that Josh Melano holds no liability for any
direct, indirect, incidental, special consequential or exemplary damages which
may be incurred by you as a result of providing Your Content to the Website.
7. Termination of Contract
i. If you want to terminate the Terms, you may do so by providing Josh Melano
with days’ notice of your intention to terminate by sending notice of your
intention to terminate to Josh Melano via the ‘Contact Us’ link on our
homepage.
ii. Josh Melano may at any time, terminate the Terms with you if:
1. you have breached any provision of the Terms or intend to breach any
provision;
2. Josh Melano is required to do so by law
3. Josh Melano is transitioning to no longer providing the Services to Members
in the country in which you are resident or from which you use the service; or
4. the provision of the Services to you by Josh Melano, is in the opinion of
Josh Melano, no longer commercially viable.
iii. Subject to local applicable laws, Josh Melano
reserves the right to discontinue or cancel your membership at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of
the Website or the Services without notice if you breach any provision of the
Terms or any applicable law or if your conduct impacts Josh Melano’s name or
reputation or violates the rights of those of another party.
iv. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Josh Melano have benefitted from, been subject to (or
which have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and
the provisions of this clause shall continue to apply to such rights,
obligations and liabilities indefinitely.
8. Indemnity
i. You agree to indemnify Josh Melano, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with Your Content;
2. any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
3. any breach of the Terms.
9. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any
way relating to the Terms and the rights created hereby shall be governed,
interpreted and construed by, under and pursuant to the laws of Queensland,
Australia, without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not contested.
The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns
10. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds
of inequality or bargaining power or general grounds of restraint of trade.
11. Severance
If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms
shall remain in force.