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Terms of Conditions

Welcome https://www.melissahaymes.com/ (our Site).

This site gives you an opportunity to browse and purchase products and services offered by Melissa Haymes. MelissaHaymes.com provides services, education and training.  An outline of this information is provided within this site. The information is generic in nature and we take no responsibility for its usage. By accessing and using this website you acknowledge that you have read these conditions and agree, without limitation, to be bound by them.

These Terms and Conditions (Terms) govern your use of this Site, as well as Melissa Haymes’ products and services, and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact Melissa Haymes at info@melissahaymes.com if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Melissa Haymes’ products and services are intended for people aged 18 and over.

Payments

All payments for the services and products on this website are to be made in Australian Dollars.

Acceptance of Term

By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.

General Disclaimer

All Melissa Haymes products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice.  Use caution and always seek professional advice before acting on any information that we provide

The information and services provided by Melissa Haymes are intended to provide helpful and informative information. It is not intended to diagnose, treat, cure, or prevent any health problem or condition. It is not intended to replace the advice of a physician. No action should be taken solely on the contents of the information provided on this website, or the services of Melissa Haymes. Always consult your physical healthcare practitioner on any matters regarding your health.

The information, tools, training and meditations contained in this website and by Melissa Haymes are subject to the client/student/reader’s own interpretation and does not constitute legal, psychological, medical, business or financial advice. Choices and/or actions based on the content and services provided by Melissa Haymes and any action taken as a consequence of this, are the responsibility of the reader/student/client.

Melissa Haymes disclaims all responsibility for any liability, loss of risk, personal or otherwise, which is incurred as a consequence, directly or indirectly from the use or application of any information, education, tools, meditations and services. Melissa Haymes shall not be liable to anyone for any loss or injury resulting from the direct or indirect use of any services or information that she provides both during and outside her services, education and training.

Your level of success in attaining the results claimed in our materials depends on the time you devote to the courses and training, ideas and techniques mentioned, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or results.  Nor are we responsible for any of your actions.

Melissa Haymes provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.

Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

You acknowledge and agree that Melissa Haymes, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

As the current learning curriculum and information is constantly evolving MelissaHaymes.com takes no responsibly of the accuracy of the content we provide. However, we do our best to ensure all material and guidance is to the best of our knowledge current and up to date. We take no responsibility for curriculum changes and amendments which may change from time to time.

Special Notes:

  • Use care when determining your own ability to complete the exercises offered on this website, by Melissa Haymes, or in the training/courses offered.
  • Do not aggravate an existing injury. If you have doubt consult your health care professional before commencing any practices.
  • If pregnant, consult your healthcare practitioner before commencing any of the services/training/education on this website or by Melissa Haymes. Seek your healthcare practitioners permission before proceeding.
  • If pregnant do not do any asana practice unless you seek professional advice. Do not retain/hold your breath in any way during meditation or do any meditations that require navel or pelvic movement. Follow the meditation instructions and consult your healthcare practitioner before proceeding.
  • Do not practice meditation or yoga under the influence of alcohol or recreational drugs.

 

Disclaimer

This website is presented “as is”. We make no representations or warranties of any kind whether express or implied in connection with material on this website including but not limited to warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose, to the extent to which such representations and warranties may lawfully be excluded.

You agree that we will not be liable for any loss or damage which you incur as a result of use of this website, education, training and services provided by Melissa Haymes,  including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the website including hyperlink to or from third-party websites.

To the maximum extent permitted by law, we disclaim liability for any direct, indirect, incidental or consequential damages of any kind related to your use of this site.

Registering Your Details

Before you purchase our products and/or services, you must register an account with us.

You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

We may at any time request a form of identification to verify your identity.

If you are a registered user or member of this Site, you acknowledge and agree that:

  1. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
  2. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
  3. You will immediately notify us if your Password is lost or becomes known to any other person;
  4. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
  5. Any information you provide to us for posting or inclusion in our Melissa Haymes Community, at any time, becomes our property.

To the extent that you provide personal information, Melissa Haymes will treat such information strictly in accordance with its Privacy Policy.

You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.

Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

Your Obligations

When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Melissa Haymes Community) or events in which you may post comments, photos, messages or other material (Your Content).  When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Melissa Haymes Community any of the following:

  1. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
  2. Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
  3. Information that includes personal or identifying information about another person without that person’s consent.
  4. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
  5. Any information or content that impersonates any person or entity.
  6. Any material, non-public information about companies without authorisation to do so.
  7. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

By posting or otherwise publishing Your Content on our Site or Melissa Haymes Community, you:

Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

  1. Warrant that you have the right to grant the above licences;
  2. Warrant that Your Content does not breach these Terms; and
  3. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

We reserve the right (but have no obligation) to:

  1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
  2. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

Code of Conduct

Our Site and Melissa Haymes Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.

Whilst using this Site and/or our Melissa Haymes Community, we ask that you not:

  1. Contact anyone who has asked not to be contacted.
  2. Collect personal data about other users for commercial or unlawful purposes.
  3. Infringe other user’s privacy rights.
  4. Violate the intellectual property of others.
  5. Post anything that contains software viruses, worms or any other harmful code.
  6. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
  7. Please see our Melissa Haymes Community Guidelines in the appendix to these Terms for more information.

Confidentiality

We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Melissa Haymes product and/or services participants (Participants) and representatives of Melissa Haymes.

You agree:

  1. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
  2. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
  3. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
  4. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

Privacy

Our Website is committed to the protection of personal information provided to us. Our Website follows various principles concerning the collection, storage and use of personal information as outlined in the National Privacy Principles of the Commonwealth Privacy Act (1988). Accordingly, we have a privacy policy which deals with:

  • The way we collect, use and disclose personal information;
  • The way we protect the quality and security of such personal information;
  • The way that access can be granted to personal information held by us;
  • The manner of dealing with any complaints concerning the correctness of or access to personal information held by us.

Copyright & Trademark Services

The material contained on this site is the copyright of MelissaHaymes.com and is protected by Australian and international copyright laws.

All material on this Site, in our Melissa Haymes Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

The site and the data in it are supplied solely for informational use. Apart from permitted uses under the Copyright Act 1968 (Cth), and, except for the temporary copy held in your computer’s cache and downloading for private use, no part of the material or data contained on this site may be reproduced, altered, transmitted or re-used for any purpose whatsoever without the written permission of melissahaymes.com and Melissa Haymes.

The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Melissa Haymes. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Melissa Haymes, in any manner that is likely to cause confusion with customers, or in any manner that disparages Melissa Haymes.

Nothing contained on this Site or in our Melissa Haymes Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.

You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Melissa Haymes will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

 

Right to Terminate

We reserve the right to terminate your use of the Site, Melissa Haymes Community or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.

Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content, services or our Melissa Haymes Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.

 

Financial Terms

Invoices for any Melissa Haymes service or program are automatically generated and can be requested at any time by emailing info@melissahaymes.com.

Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment: You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.

You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without

If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without the need for notification at a future date.

Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.

We reserve the right to suspend or terminate any product or service, at our discretion, if payment has defaulted.

We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.

In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

From time to time, Melissa Haymes may offer members and clients the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.

Any refund requests will be assessed on a case-by-case basis and when the genuine value has not been received or isn’t able to be received, refunds may be granted at the discretion of the Melissa Haymes.

Liability is Limited

The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under Australian Consumer Laws.

We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Melissa Haymes Community or Our Content.

In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Melissa Haymes Community or Our Content.

These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

  1. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
  2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
  3. Accessing websites or servers maintained by other organisations through links on our Site, Melissa Haymes Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
  4. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

 

Your Indemnity

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. You agree to indemnify and hold harmless MelissaHaymes.com and any affiliated organisations, and its directors, officers and employees from any claim or demand including reasonable legal fees, made by any third party due to or arising out of your use of this site or any violation of these terms and conditions.We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Melissa Haymes Community or through use of our products or services.

 

No Offer of Products or Services

Nothing contained in this site will constitute an offer by Our Website for any products or services which may be advertised through the site including its microsite pages. Nor does Our Website make any specific warranty or representation of any kind with respect to any such information. Our Website will not be liable to you or any person who incurs any loss or damage as a result of relying upon any such information.

No Assignment

You cannot transfer or assign your Melissa Haymes membership without Melissa Haymes’ prior written consent.

We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

Website Content and Materials

The information and materials contained on this site (including these terms and conditions) are subject to change without notice. We may discontinue or make changes to the content of this site and the network at any time. Any dated information included in this site is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.

No Warranties

This website is provided without any express warranties or guarantees, unless specifically stated and, to the extent permitted by law, without any implied warranties or guarantees.

Links to Third Party Websites

Links to other websites may be provided on this site. In those circumstances, we have no control over the content of those third party websites. We make no express warranties concerning the content of those other sites. In particular, we do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, current and free of defects including but not limited to, viruses or other harmful elements. The user of this site will assume all risks and costs arising from the use of any website linked to this site.

Dispute Resolution

Should a dispute arise between us, we strongly encourage you to contact Melissa Haymes at info@melissahaymes.com to seek a resolution. Any reasonable requests will be considered and Melissa Haymes will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

Your Feedback

We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

If you have questions or comments regarding this Site, or Melissa Haymes products or services, please email us at info@melissahaymes.com.

Company Details

Trading Name: Melissa Haymes
ABN: 77123539545
Country: Australia
Telephone Number: 0438860653
Email: info@melissahaymes.com

 

Appendix

COMMUNITY GUIDELINES

We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.

  • Keep it respectful
    Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
  • No pitching to the group
    We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
  • No gated content
    Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
  • Respect confidentiality
    Content gathered in our Melissa Haymes Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
  • Keep it on topic
    We reserve the right to remove posts based on off-topic content or offensive content.
  • Partnering with other members
    Access to this group does not mean that Melissa Haymes endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.
  • Report posts that are breaking group policies
    Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manager directly via private message so our team can review them.
  • Breaking the rules
    If you are deemed to be breaking the rules of the group, Melissa Haymes reserves the right to remove you from the Facebook group that the offending behaviour has occurred within.