Terms and Conditions

Trading terms and conditions of Water Melody Pty Ltd (ACN 169 460 539) ATF MMY Lee Family Trust (ABN 26 880 184 309)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Website terms and conditions, services to consumers and payments online for all Websites that form the Network of Melody Lee, Water Melody Pty Ltd (ACN 169 460 539) ATF MMY Lee Family Trust (ABN 26 880 184 309)

These terms and conditions regulate the business relationship between you (the Consumer) and us (Water Melody Pty Ltd). When you buy from any of the websites that form the network of Water Melody Pty Ltd (ACN 169 460 539) ATF MMY Lee Family Trust (ABN 26 880 184 309), you agree to be bound by them.

No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.

Our registered address is: 29 Dunfermline Way, Point Cook VIC 3030

Email: melody@melodylee.co

The Terms and Conditions

1 Definitions

In this agreement:

“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;

“Our Website” means the entire computing hardware and software installation that is or supports this Website or any other Website that forms the Network of Water Melody P/L including associated social media pages.

“Services” means any of the services and products or programs we offer for sale on our Website and include generally available updates and support services so far as specified for each service.

“Content” means any material in any form published on Our Website by us or any third party with our consent.

“Material” means Content of any sort posted by you on Our Website

2 Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 In any event to you as a buyer or prospective buyer of our Services.

2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.

2.4 We cannot guarantee that every Service advertised on our website is available. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.

2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.

2.6 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

3 Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.

3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

4 Price, payment and service provision

See our separate Payment Policy document.

5 Cancellation of order

5.1 We only offer refunds in extraordinary circumstances and not because you’ve changed your mind, aren’t doing the work or want to quit halfway through a program.

5.2 If at any time you decide to cancel your subscription and/or payments, you will lose access to your program immediately.

5.3 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Services to you.

6 Foreign taxes, duties and import restrictions

6.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.

6.2 You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.

7 Dissatisfaction with the Services

7.1 If for any reason you are not completely happy with your purchase, contact us immediately and tell us:

7.1.1 exactly why you think we have failed;

7.1.2 the date, if relevant, of the failure;

7.1.3 when and how you discovered the failure;

7.1.4 the result of the failure;

7.1.5 your suggestion as to action we should take to resolve the situation and restore your faith in us.

7.2 To do this, it is essential that you contact us by email at the Contact Point on Our Website.

8 Disclaimers

8.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.

8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large web based business. We would be grateful if you bring to our immediate attention, any that you find.

8.3 We give no warranty and make no representation, express or implied, as to:

8.3.1 the adequacy or appropriateness of the Services for your purpose;

8.3.2 the truth of any Content on Our Website published by someone other than us;

8.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;

8.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.

8.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.

8.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

8.7 The above two sub paragraphs do not apply to a claim for personal injury.

9 Your Material

9.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

9.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.

9.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

9.4 You represent and warrant that:

9.5 you own the rights to all of the Material that you post;

9.6 any fact stated in your Material is accurate;

10 System Security

10.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

10.2 You may not use any software tool for the purpose of extracting data from our website.

10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

11 Acceptable Use Policy

As a condition of your use of Our Website, you agree to comply with these provisions:

11.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:

11.1.1 copyright works;

11.1.2 commercial audio, video or music files;

11.1.3 any Material which violates the law of any established jurisdiction;

11.1.4 unlicensed software;

11.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;

11.1.6 links to any of the material specified in this paragraph;

11.1.7 pornographic Material;

11.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.

11.2 You will not use the Services for spamming. Spamming includes, but is not limited to:

11.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;

11.2.2 The sending of junk mail;

11.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;

11.2.4 Excessive and repeated posting off-topic messages to newsgroups;

11.2.5 Excessive and repeated cross-posting;

11.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;

11.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.

12 Confidential Information and Intellectual Property Rights

12.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.

12.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

12.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

12.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

12.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.

12.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

13 Your email address

13.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

13.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

13.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

14 Indemnity

You agree to indemnify us against any loss, claim or demand, including reasonable lawyers’ fees, made against us by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or Copyright other right of any person.

15 Miscellaneous provisions

15.1 When we communicate with you we do so by email, through Social Media or Facebook Messenger or, via Short Message Service (SMS) texts/Multimedia Messages (MMS) to your mobile. You agree that any written communications including via email, text or messaging are contractually binding in the same way as properly signed and dated paper sent by post.

15.2 An initial SMS or MMS sent by Water Melody P/L to your mobile phone account will not carry any fees chargeable to you. However, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions. At any time, you may text STOP to cancel or HELP for customer support information.

15.3 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

15.4 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

15.5 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15.6 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

15.7 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

15.8 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

15.9 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

I have read and understood the terms and conditions, and I agree that they form part of the contract between us. If I am under the age of 18 years, I confirm that I have brought the terms and a condition to the notice of my parent or guardian, and that person has agreed that I may buy your Services.

By purchasing any of my programs or coaching you are agreeing to these terms & conditions.

PRIVACY POLICY

Your details are reserved for the use of Melody Lee, Water Melody P/L and The Luxe-Preneur Trust and will not be shared with any other parties.

OUR PRIVACY COMMITMENT

If you are visiting this page you may have been directed from one of our group of websites.

We have created this Privacy Policy in order to demonstrate our firm and continuing commitment to the privacy of Personal Information provided by those visiting and interacting with any Website controlled by Water Melody P/L.

We hold the privacy of your Personal Information in the highest regard. The following discloses our information gathering and dissemination practices for these Websites.

Water Melody P/L abides by the Australian Privacy Principles which are contained in Schedule 1 of the Privacy Act 1988 (Cth) together with all other applicable laws (including, where relevant, international laws) relating to privacy.

We recognise the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the Personal Information you provide to us and to assist you in making informed decisions when using our sites. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.

What Information Do We Collect?

When you visit our Websites you may provide us with two types of information:

1. Personal Information you knowingly choose to disclose that is collected on an individual basis; and
2. Website Use Information collected on an aggregate basis as you and others browse our Website.

PERSONAL INFORMATION

What is Personal Information?

Personal Information is defined in the Privacy Act 1988 (Cth) as including ‘any information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.’

This can include ‘Sensitive Information’ which means:

1. information or an opinion about an individual’s:

racial or ethnic origin; or

political opinions; or

membership of a political association; or

religious beliefs or affiliations; or

philosophical beliefs; or

membership of a professional or trade association; or

membership of a trade union; or

sexual orientation or practices; or

criminal record;

that is also Personal Information; or

1. health information about an individual; or
2. genetic information about an individual that is not otherwise health information; or
3. biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
4. biometric templates.

Your Consent

When you purchase goods or services from us we will ask you for your consent to collect your Personal Information in order to assist us in providing you with the goods and services you require.

If you consent to the collection of your Personal Information, we will then collect and deal with that Personal Information as described in this Privacy Policy.

However, you may withdraw your consent at any time by notifying us in writing via melody@melodylee.co. But please keep in mind that this may inhibit our ability to continue to provide you with the goods and services.

A Special Note About Children

Children are not eligible to use our services unsupervised and we ask that children (under the age of 18) do not submit any Personal Information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.

Personal Information You May Choose to Provide

1. Registration Information

When you register for any of our products, services or newsletters you will provide us with Personal Information about yourself including your name, and contact details etc.

2. Credit Card Information

If you choose to avail of our services, you may need to give further Personal Information and authorization to obtain information from various credit services. For example, you may need to provide the following information:

1. Name
2. Mailing address
3. Email address
4. Credit card number
5. Name on credit card
6. Credit card billing address
7. Business and home phone number
8. Email Information

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

How Do We Use the Personal Information That You Provide to Us?

Broadly speaking, we use Personal Information for purposes of administering our business activities, providing the products and services you requested, to process your payment, to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings, and customize our site’s content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs.

Furthermore, some of the information we collect may be shared with other third parties on an aggregate basis. However, Personal Information or business information will not be shared with parties except as required by law.

Occasionally, we may also use the Personal Information we collect to notify you about important changes to our Website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided in the newsletter.

Sharing and Selling Information

We do not share, sell, lend or lease any of the Personal Information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.

How Can You Access and Correct Your Information?

You may request access to all your Personal Information that we collect online and maintain in our database by emailing us at the usual address.

You must advise us of any updates or changes to your Personal Information and can do so by email to us melody@melodylee.co.

What About Legally Compelled Disclosure of Information?

We may disclose information we have collected (including Personal Information) when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.

What About Other Websites Linked to Our Website?

We are not responsible for the practices employed by websites linked to or from our Website or the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our Website.

Please remember that when you use a link to go from our Website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites, which have a link on our Website, is subject to that Website’s own rules and policies. Please read over those rules and policies before proceeding.

Our Commitment To Data Security:

Please note that your Personal Information will be stored and processed on our computers in Australia and the United States. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of your Personal Information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal Information we collect online.

Eligible Data Breaches

An Eligible Data Breach occurs when:

1. there is unauthorised access to, unauthorised disclosure of, or loss of any Personal Information held by us; and
2. the access, disclosure or loss of such Personal Information is likely to result in serious harm to any of the individuals to whom the information relates.

If we become aware of an Eligible Data Breach or that there are reasonable grounds to suspect that there may have been an Eligible Date Breach:

1. we will immediately take all reasonable steps to contain and protect the Personal Information from any further authorised access, disclosure or loss;
2. we will then conduct an assessment of the circumstances to determine if there was an Eligible Data Breach and identify the breach;
3. If the unauthorised data breach would be likely to cause you serious harm, we will notify you and any relevant authority (e.g. the Australian Information Commissioner) as soon as possible; and
4. If necessary, we will also provide you with the steps that you should take in response to the breach.

Choice/Opt-In/Opt-Out

This Website allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible.

Surveys & Contests

From time-to-time, our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user, therefore, has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

WEBSITE USE INFORMATION

Similar to other commercial Websites, our Websites utilize a standard technology called “Cookies” and web server log files to collect information about how our Website is used. Information gathered through Cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Website, and the Websites visited just before and just after our Website.

What Are Cookies?

A Cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for Cookies. Each Website can send its own Cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a Website to access the Cookies it has already sent to you, not the Cookies sent to you by other sites. Browsers are usually set to accept Cookies. However, if you would prefer not to receive Cookies, you may alter the configuration of your browser to refuse Cookies. If you choose to have your browser refuse Cookies, it is possible that some areas of our site will not function as effectively when viewed by the users. A Cookie cannot retrieve any other data from your hard drive or pass on computer viruses.

How Do We Use Information We Collect from Cookies?

As you visit and browse our Website, the site uses Cookies to differentiate you from other users. In some cases, we also use Cookies to prevent you from having to log in more than is necessary for security. Cookies, in conjunction with our Web server’s log files, allow us to calculate the aggregate number of people visiting our Website and which parts of the site are most popular. This helps us gather feedback to constantly improve our Website and better serve our clients. Cookies do not allow us to gather any Personal Information about you and we do not intentionally store any Personal Information that your browser provided to us in your Cookies.

IP Addresses

IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you.

GENERAL MATTERS

Acquisition or Changes in Ownership

In the event that our Website (or a substantial portion of its assets) is acquired, your Personal Information would be considered part of those assets and may be part of those assets that are transferred.

Policy Modifications

We may change this Privacy Policy from time to time. If/when changes are made to this Privacy Policy, we will email users who have given us permission to do so. We will post any changes here, so be sure to check back periodically. However, please be assured that if the Privacy Policy changes in the future, we will not use the Personal Information you have submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without your prior consent.