PLEASE READ THESE TERMS CAREFULLY. DO NOT ACCEPT THIS CONTRACT UNLESS YOU AGREE TO THESE TERMS.
Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organisation, graphics, and the design, compilation, and other matters related to this Site (collectively, “Content”) are protected under applicable intellectual property and other laws, including, without limitation, those of Australia. All Content and intellectual property rights herein are the property of Movement Monk or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. The posting of any Content on this Site does not constitute a waiver of any right in such Content. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from this Site in any form or by any means is strictly prohibited without the express prior written consent of Movement Monk. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Movement Monk in writing at PO Box 217 Currumbin, Qld 4223, Australia or by email at [email protected]. The Content may only be used for personal, non-commercial purposes.
Movement Monk grants you a personal, limited, non-exclusive, non-transferable license to access, view and make personal and non-commercial use of this Site. You may not use this Site to gain unauthorised access to Movement Monk networks or computer systems or to engage in any activity that disrupts or otherwise interferes or tampers with the Site (and associated servers or networks connected to the Site). You agree not to access the Site through any automated means (such as through the use of scripts or web crawlers, etc.).
The Movement Monk logo and all page headers, custom graphics, button icons, trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Movement Monk (the “Marks”). All other trademarks, names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorised to display or use the Marks in any manner without the express prior written consent of Movement Monk. You are not authorised to display or use trademarks, names, logos, service marks and/or trade dress of other owners without their express prior written consent. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Except for personally identifiable information such as names, addresses, and financial information, unsolicited information submitted to this Site is assigned to Movement Monk free of charge, together with all worldwide rights, title and interest in all copyrights and other intellectual property rights in such submission and Movement Monk and its affiliates and related entities may use, sublicense, adapt, distribute, publicly perform, publish, display or delete such submission at its sole discretion. By sending any unsolicited submission to Movement Monk, you waive the right to make any claim against Movement Monk, its parents or affiliates related to use of the submission.
With our prior written consent, you may create hyperlinks directly to the home page of this Site, provided that: (i) the hyperlink accurately describes the content as it appears on the Site; (ii) each page within our Site is displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the applicable page within our Site; and (iii) you do not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site, Movement Monk, or its agents. You may not copy any portion of the Site or Content to a server, except as part of an incidental caching of pages. If you wish to link to or obtain a license with regard to the Site or the Content other than as described herein, you must contact Movement Monk by email at [email protected] or PO Box 217 Currumbin, Qld 4223, Australia before doing so. If Movement Monk has provided links or pointers to other websites, then no inference or assumption should be made and no representation should be implied that Movement Monk is connected with, operates or controls these websites. Movement Monk is not responsible for the content or practices of third party websites that may be linked to this Site.
Movement Monk reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. Movement Monk further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.
If you believe that any material contained in this Site infringes your copyright, you should notify Movement Monk of your copyright infringement claim in accordance with the following procedure. Movement Monk will process notices of alleged infringement which it receives and will take appropriate action pursuant to the relevant and applicable Australian copyright and/or intellectual property laws. Notifications of claimed copyright infringement should be sent to Movement Monk by mail at PO Box 217 Currumbin, Qld 4223, Australia, or by e-mail to [email protected]. To be effective, the notification must be in writing and contain the following information: (i) physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are a user outside Australia, you should notify Movement Monk of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS OR ANY GOODS OR SERVICES SOLD THROUGH THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ANY GOODS OR SERVICES SOLD THROUGH THIS SITE, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE PURCHASE OF GOODS OR SERVICES SOLD THROUGH THIS SITE, OR ANY WEBSITE WITH WHICH THIS SITE MAY BE LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. If you provide us any information through the Site, you agree to provide true, accurate, current and complete information about yourself. You agree not to attempt to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or system. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. If you become aware of misuse of this Site by any person, then please contact the Site Administrator at [email protected] with your concerns. Movement Monk reserves all rights and remedies available to it.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Movement Monk, PO Box 217 Currumbin, Qld 4223, Australia (in the case of notice to Movement Monk) or to the email address you provide to Movement Monk (in the case of notice to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to Movement Monk. In such case, notice shall be deemed given 3 days after the date of mailing.
Any questions, comments, or issue with this Site should be addressed to the Site Administrator at [email protected]
This Agreement shall be governed by the laws of the State of Queensland, Australia, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Queensland or, if appropriate, the Australian District Court for the State of Queensland for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Registering an account on the site means you understand that this is a binding contract, you understand the terms and conditions explained here, and you agree to comply with all the terms and conditions.
Last Updated: November 10, 2018