WEBSITE TERMS AND CONDITIONS OF USE
About the Website
These terms and conditions, any additional terms, Privacy Policies, disclaimers or notices govern your access and use of the website to Zelesco Consulting.
These terms and conditions cover www.zelescoconsulting.com.au.
We may change any Terms or Conditions at any time. Your use of the website will then cover the new Terms and Conditions and your access/viewing of the website constitutes acceptance of any changes. If you do not agree with this, or any changes to any Terms or Conditions, your only option or remedy is to discontinue your use/viewing or access Zelesco Consulting, this must be done immediately. Last updated October 2020.
These are our terms for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions (terms) apply whenever you access the Site, regardless of how you access the Site.
- Welcome to www.zelescoconsulting.com.au (the ‘Website’ outlines our products and services). The Website (the ‘Services’) for a full range of products and services please refer to “ZC01” and our “agreement for services” document for a list of the services.
- The Website is operated by Zelesco Consulting (ABN 35 310 750 169). Access to and use of the Website, or any of its associated Products or Services, is provided by Zelesco Consulting. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Zelesco Consulting reserves the right to review and change any of the Terms by updating this page at its sole discretion. If Zelesco Consulting updates the Terms, we may change the terms and conditions without further notice. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. We accept no responsibility or liability for you not viewing the latest terms and conditions.
Acceptance of the Terms You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Zelesco Consulting in the user interface.
Copyright and Intellectual Property
- The Website, the content and all of the related products of Zelesco Consulting are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, documents, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Zelesco Consulting or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Zelesco Consulting, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use. Zelesco Consulting does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Zelesco Consulting.
- Zelesco Consulting retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of Zelesco Consulting and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause 5, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Zelesco Consulting will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise specified in our agreement for service.
- Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Zelesco Consulting make any express or implied representation or warranty about the content or any products or content (including the products or content of Zelesco Consulting referred to on the Website.
- This 3 includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, hardware failure, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the content or any of the products of Zelesco Consulting; and
- the content or operation in respect to links which are provided for your convenience.
- Zelesco Consulting also does not guarantee any lead generation, sales, profits, any sort of monetary or performance gains from any of their products/services. Please see the terms in our “agreement for service” document for further information and terms.
- Zelesco Consulting does also not guarantee or warrant any information, claims of any sort or any service/product from any third party. We accept no responsibility for any loss or damage from any third party website, document, apps, data feeds or anything else that may be linked to or from our websites or any other sort of link/connection/data feed.
Limitation of liability
- Zelesco Consulting total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise will not exceed the amount specified in the agreement for service.
- You expressly understand and agree that Zelesco Consulting, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- You acknowledge and agree that Zelesco Consulting holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing you Content on the Website.
Termination of Contract
- If you want to cancel our product or service provided to you, you may do so by providing Zelesco Consulting with 30 days’ written notice of your intention to cancel our product or service please send your notice of intention to terminate the agreement to email@example.com or refer to out “agreement for service” document for further information.
- Zelesco Consulting may at any time, terminate the Terms of any agreement with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Zelesco Consulting is required to do so by law;
- Zelesco Consulting is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or (d) the provision of the Services to you by Zelesco Consulting, is in the opinion of Zelesco Consulting, no longer commercially viable.
- Subject to local applicable laws, Zelesco Consulting reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms, agreement for service or any applicable or if your conduct impacts Zelesco Consulting name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Zelesco Consulting have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) shall cease immediately unless specified by written notice and with the express approval of Zelesco Consulting.
You agree to indemnify Zelesco Consulting, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including all legal fees or any associated costs of legal action on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- Within 10 business days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 10 business days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Dispute Settlement Centre of Victoria or his or her nominee;
- The party seeking relief is liable for all fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertaking to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Victoria, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation
If after the start of a mediation the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction The Services offered by Zelesco Consulting is intended to be viewed by residents of Australia only. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts, tribunals or resolution centres of Victoria, Australia.
Governing LawThe Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.
The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Agreement for service To view the full agreement for service please see our “agreement for service” contract. All clients of Zelesco Consulting will need to agree/sign our “agreement for service” contract before starting any product or service. They must also sign/agree to the document “ZC01” outlining the specific products/services being provided.
Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.