Terms and Conditions

Website Terms and Conditions

Introduction

These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

The materials contained in this website are protected by applicable copyright and trademark laws.

License to use website

Unless otherwise stated, Adam Medaglia and/or ASM Services (NSW) Pty Ltd owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download, and print pages or reports from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  1. remove any copyright or proprietary notations from the materials;
  2. use the materials for any commercial purpose, or for any public display;
  3. republish material from this website (including republication on another website);
  4. sell, rent or sub-license material from the website;
  5. show any material from the website in public;
  6. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  7. edit, copy or otherwise modify any material on the website; or
  8. redistribute material from this website (except for content specifically and expressly made available for redistribution).

This licence shall automatically terminate if you violate any of these restrictions. Upon termination you must destroy any downloaded materials in your possession, whether in electronic or printed format.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Adam Medaglia express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent from Adam Medaglia and/or ASM Services (NSW) Pty Ltd.

Restricted access

Adam Medaglia and/or ASM Services (NSW) Pty Ltd, or its officers or employees or duly authorised representatives reserves the right to restrict access to areas of this website, or indeed this entire website, at their discretion.

If Adam Medaglia and/or ASM Services (NSW) Pty Ltd, or its officers or employees or duly authorised representatives provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Adam Medaglia and/or ASM Services (NSW) Pty Ltd, or its officers or employees or duly authorised representatives may disable your user ID and password in their sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Adam Medaglia and/or ASM Services (NSW) Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Adam Medaglia and/or ASM Services (NSW) Pty Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Adam Medaglia and/or ASM Services (NSW) Pty Ltd or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Adam Medaglia and/or ASM Services (NSW) Pty Ltd reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.

Notwithstanding Adam Medaglia and/or ASM Services (NSW) Pty Ltd rights under these terms and conditions in relation to user content, Adam Medaglia and/or ASM Services (NSW) Pty Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Adam Medaglia and/or ASM Services (NSW) Pty Ltd make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Adam Medaglia and/or ASM Services (NSW) Pty Ltd does not warrant that:

  1. this website will be constantly available, or available at all; or
  2. the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Further, Adam Medaglia and/or ASM Services (NSW) Pty Ltd, or its officers or employees or duly authorised representatives does not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or any other sites linked to this website.

Limitations of liability

Adam Medaglia and/or ASM Services (NSW) Pty Ltd, or its officers or employees or duly authorised representatives will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  1. to the extent that the website is provided free-of-charge, for any direct loss;
  2. for any indirect, special or consequential loss; or
  3. for any business losses, loss of revenue, income, profits or anticipated savings, business interruption, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Adam Medaglia and/or ASM Services (NSW) Pty Ltd, or its officers or employees or authorised representatives has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Adam Medaglia and/or ASM Services (NSW) Pty Ltd has an interest in limiting the personal liability of its officers, employees and duly authorised representatives. You agree that you will not bring any claim personally against Adam Medaglia and/or ASM Services (NSW) Pty Ltd, or its officers or employees or duly authorised representatives in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Adam Medaglia and/or ASM Services (NSW) Pty Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Adam Medaglia and/or ASM Services (NSW) Pty Ltd and undertake to keep Adam Medaglia and/or ASM Services (NSW) Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Adam Medaglia and/or ASM Services (NSW) Pty Ltd to a third party in settlement of a claim or dispute on the advice of Adam Medaglia and/or ASM Services (NSW) Pty Ltd legal advisers) incurred or suffered by Adam Medaglia and/or ASM Services (NSW) Pty Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Adam Medaglia and/or ASM Services (NSW) Pty Ltd’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Adam Medaglia and/or ASM Services (NSW) Pty Ltd may take such action as Adam Medaglia and/or ASM Services (NSW) Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Adam Medaglia and/or ASM Services (NSW) Pty Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. By using this website you are agreeing to be bound by the current version of these terms and conditions. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Adam Medaglia and/or ASM Services (NSW) Pty Ltd may transfer, sub-contract or otherwise deal with Adam Medaglia and/or ASM Services (NSW) Pty Ltd’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Adam Medaglia and/or ASM Services (NSW) Pty Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the governing laws of Australia, including its states and territories, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New South Wales.

Links

Neither Adam Medaglia nor ASM Services (NSW) Pty Ltd have not reviewed all of the sites linked to this website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Adam Medaglia and/or ASM Services (NSW) Pty Ltd of the site. Use of any such linked websites is at the users own risk.

COPYRIGHT NOTICE

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Adam Medaglia and/or ASM Services (NSW) Pty Ltd.

Copyright license

Adam Medaglia and/or ASM Services (NSW) Pty Ltd grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own personal and non-commercial use.

Adam Medaglia and/or ASM Services (NSW) Pty Ltd does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Adam Medaglia and/or ASM Services (NSW) Pty Ltd prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to hello@adammedaglia.com

Enforcement of copyright

Adam Medaglia and ASM Services (NSW) Pty Ltd takes the protection of its copyright very seriously.

If Adam Medaglia and/or ASM Services (NSW) Pty Ltd discovers that you have used its copyright materials in contravention of the license above, Adam Medaglia and/or ASM Services (NSW) Pty Ltd may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Adam Medaglia and/or ASM Services (NSW) Pty Ltd copyright materials that contravenes or may contravene the license above, please report this by email to hello@adammedaglia.com

Infringing material

If you become aware of any material on the website that you believe infringes yours or any other person’s copyright, please report this by email to hello@adammedaglia.com

Use of Downloadable Digital Content/Course Content 
When purchasing a digital product or course from our Site or downloading a free digital product in exchange for your email address from our Site, you are granted a limited, personal, non-exclusive, non-transferable license of our materials for your personal or internal business use only. 


You acknowledge and agree that under this license you have no right to:
– modify, copy, reproduce or sell the materials;- use the materials for any commercial purpose;- decompile or reverse engineer;- remove any copyright or other proprietary notations from the materials; – transfer the materials to another person;- create derivative works based upon the materials;- offer any competing products based upon the materials.

Termination
We reserve the right to terminate your rights under these Terms without notice if you fail to comply with any of these Terms. 

 Credit

This document was created using a Contractology template available at http://www.freenetlaw.com

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