Disclaimer

Terms and conditions for website usage

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern The Martial Way’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website www.themartialway.com.au.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to The Martial Way’s use of cookies in accordance with the terms of The Martial Way’s Privacy Policy.

The term 'The Martial Way' or 'us' or 'we' refers to the owner of the website whose registered office is located in Sydney, Australia. This website is owned and operated by The Martial Way. ABN 22 165 607 129. The term 'you' refers to the user or viewer of our website.

License to use website

Unless otherwise stated, The Martial Way and/or its licensors own 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 for training/coaching purposes only, and print pages or material from Members Only content 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:

• republish material from this website including republication on another website.
• sell, rent or sub-license material from the website.
• show any material from the website in public.
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within The Martial Way.
The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
• Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

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 The Martial Way’s 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 Martial Way express written consent.

Blog

Our blog is a collaborative blog written by a group of individuals. For questions about our blog please contact James Singh. Our blog do not accept any form of cash advertising, sponsorship, or paid topic insertions. However, we will and do accept and keep free products, services, travel, event tickets, and other forms of compensation from companies and organisations.

The owner(s) of our blog will never receive compensation in any way from any blog. The owner(s) are not compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on our blog are purely the blog owners. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.

The owner(s) our blog would like to disclose the following existing relationships. These are companies, organisations or individuals that may have a significant impact on the content of this blog. We are employed by or consult with: The Martial Way.

Restricted access

Access to certain areas of this website is restricted. The Martial Way reserves the right to restrict access to other areas of this website, or indeed this entire website, at The Martial Way’s discretion.
If The Martial Way 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.
The Martial Way may disable your user ID and password in The Martial Way’s 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 The Martial Way 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 The Martial Way 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 The Martial Way 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.
• The Martial Way reserves the right to edit or remove any material submitted to this website, or stored on The Martial Way’s servers, or hosted or published upon this website.
• Notwithstanding The Martial Way’s rights under these terms and conditions in relation to user content, The Martial Way 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. The Martial Way makes 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, The Martial Way does not warrant that:

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

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

Limitations of liability

The Martial Way 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:

• to the extent that the website is provided free-of-charge, for any direct loss
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, 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 The Martial Way has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Martial Way’s liability in respect of any:

• death or personal injury caused by The Martial Way’s negligence
• fraud or fraudulent misrepresentation on the part of The Martial Way; or
• matter which it would be illegal or unlawful for The Martial Way to exclude or limit, or to attempt or purport to exclude or limit, its liability.

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 www.themartialway.com.au.

Other parties

You accept that, as a limited liability entity, The Martial Way has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Martial Way’s officers or employees 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 The Martial Way’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Martial Way.

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 The Martial Way and undertake to keep The Martial Way indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Martial Way to a third party in settlement of a claim or dispute on the advice of The Martial Way’s legal advisers) incurred or suffered by The Martial Way 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 The Martial Way’s other rights under these terms and conditions, if you breach these terms and conditions in any way, The Martial Way may take such action as The Martial Way 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

The Martial Way 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. Please check this page regularly to ensure you are familiar with the current version.

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, together with the privacy policy, constitute the entire agreement between you and The Martial Way in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Copyright notice

This website and its content is copyright of The Martial Way - © The Martial Way 2019. All rights reserved.

Last Edited on Friday, 1 January 2019.