1. About the Website
i. Welcome to multiplebrains.com (the ‘Website’). The Website (the ‘Services’).
ii. The Website is operated by Empowering Action/Josh Melano (ABN 64207821143). Access to and use of the Website, or any of its associated Products or Services, is provided by Empowering Action/Josh Melano. 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.
iii. Empowering Action reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Empowering Action updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. 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.
2. Acceptance of the Terms
i. 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 Empowering Action in the user interface.
3. Copyright and Intellectual Property
i. The Website, the content and all of the related products of Empowering Ation 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, 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 Empowering Action or its contributors.
ii. All trademarks, service marks and trade names are owned, registered and/or licensed by Empowering Action, who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are a user to:
1. use the Website pursuant to the Terms;
2. copy and store the Website and the material contained in the Website in your device’s cache memory;
3. and print pages from the Website for your own personal and non-commercial use.
4. Empowering Action does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Empowering Action.
iii. Empowering Action 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:
1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
2. a right to use or exploit a business name, trading name, domain name,
3. trade mark or industrial design, or
4. 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.
iv. You may not, without the prior written permission of Empowering Action 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.
4. Privacy
i. Empowering Action takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Empowering Action’s Privacy Policy, which is available on the Website.
5. General Disclaimer
i. 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.
ii. Subject to this clause 5, and to the extent permitted by law:
1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. Empowering Action/Josh Melano 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.
iii. 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 Josh Melano make any express or implied representation or warranty about the content or any products or content (including the products or content of Josh Melano) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, 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;
2. 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);
3. costs incurred as a result of you using the Website, the content or any of the products of Empowering Action/Josh Melano; and
4. the content or operation in respect to links which are provided for your convenience.
iv. The Website information is provided with the understanding that nothing presented will be taken as, or in lieu of, Medical, Therapeutic, Financial, Psychological or Professional advice
v. Josh Melano/Empowering action makes no income or results claims. Any examples used are provided for educational purposes. Services are provided as is and Empowering Action does not warrant any results or outcomes.
vi. If you suffer from serious medical or psychological conditions please consult your doctor or healthcare professional before attempting to utilize any information or patterns from the Website, to ensure it is appropriate to do so
6. Limitation of liability
i. Empowering Action/Josh Melano’s 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 resupply of the content to you.
ii. You expressly understand and agree that Empowering Action/Josh Melano, 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.
iii. You acknowledge and agree that Empowering Action/Josh Melano holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
7. Termination of Contract
i. If you want to terminate the Terms, you may do so by providing Empowering Action/Josh Melano with days’ notice of your intention to terminate by sending notice of your intention to terminate to Josh Melano via the ‘Contact Us’ link on our homepage.
ii. Empowering Action/Josh Melano may at any time, terminate the Terms with you if:
1. you have breached any provision of the Terms or intend to breach any provision;
2. Empowering Action/Josh Melano is required to do so by law
3. Empowering Action/Josh Melano 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
4. the provision of the Services to you by Empowering Action/Josh Melano, is in the opinion of Empowering Action/Josh Melano, no longer commercially viable.
iii. Subject to local applicable laws, Empowering Action 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 or any applicable law or if your conduct impacts Empowering Action’s name or reputation or violates the rights of those of another party.
iv. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Josh Melano have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Indemnity
i. You agree to indemnify Empowering Action/Josh Melano, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
3. any breach of the Terms.
9. Governing Law
The Terms are governed by the laws of Queensland, 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 Queensland, 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
10. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having 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.
11. 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.
1. We respect your privacy
i. Empowering Action respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
ii. “Personal information” is information we hold which is identifiable as being about you.
2. Collection of personal information
i. Empowering Action will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms
ii. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support
iii. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
i. Empowering Action collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
4. Use of your personal information
i. Empowering Action may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
ii. Empowering Action may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
i. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services
ii. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request
iii. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Empowering Action, its customers or third parties.
iv. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
v. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
vi. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6. Security of your personal information
i. Empowering Action is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure
ii. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy
7. Access to your personal information
i. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at enquiries@joshmelano.com.
ii. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
i. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to enquiries@joshmelano.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9. Changes to Privacy Policy
i. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
10. Website
i. When you visit our website
When you come to our website (multiplebrains.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
ii. Cookies
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website.
iii. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
iv. Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval 4 of these websites. Please be aware that Empowering Action is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
This Cookie Policy states in detail the manner in which Empowering Action (“Company,” “we,” “us,” and “our“) uses cookies and other similar tracking technologies to recognize the Users when Users visit our website at https://multiplebrains.com (“Website“).
This Policy aims to provide the User with clear and transparent information about the cookies and other similar tracking technologies the Website uses, and their purpose in accordance with the global Privacy and Security Law Regulations. By continuing to use this Website, Users give free consent to the use of cookies and other similar tracking technologies as described in this Policy. For the purposes of this Policy, Cookies and other similar tracking technologies may be referred to as “Trackers”.
Cookies are small text files that are placed on Users computer, smartphone, or other devices when the User visits this Website. These cookies help make the website function properly, make it more secure, provide better user experience, and understand how the website performs and to analyze what works and where it needs improvement.
Cookies are not the only way to recognize or track visitors to a website. We may use other similar tracking technologies from time to time.
Websites may use web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enables us to recognize when a User has visited our Website or opened an email. This allows us to monitor the traffic patterns of Users from one page within a website to another, to deliver or communicate with cookies, to understand whether you have come to the website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of email marketing campaigns. Usually these technologies are reliant on cookies to function properly, hence in cases cookies are declined, their functioning will be affected.
Websites may also use “Flash Cookies” (also known as Local Shared Objects or “LSOs”) to collect and store information about the Users use of our services, prevention of fraud, and for other website operations. Restricting or limiting acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, Flash applications used in connection with our services or online content.
The Website uses first and third-party trackers for several functions. First-party trackers are required for technical functions in order for the Website to operate, and these are referred under “essential” category. Third parties serve trackers through the Website for advertising, analytics, and other purposes.
The specific types of first-party and third-party Trackers served through our Website and the purposes they perform are described in the table below (please note that the specific trackers served may vary depending on the specific Online Properties you visit):
Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.
Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback and displaying videos on your website.
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.
These are cookies that have not yet been categorized. Please categorize these cookies in the above 4 categories. Tutorial on how to categorize cookies
The User has the right to accept or reject the trackers. The User can manage such consent by setting the preferences within the cookie banner or by updating such preference via the relevant consent-preferences widget, if available.
Users can use relevant browser or device features to delete previously stored trackers, including those used to remember the User’s initial consent. Other Trackers in the browser’s local memory may be cleared by deleting the browsing history.
Users can find information about how to manage Cookies in the commonly used browsers at the following addresses:
To block or control Flash Cookies stored on your computer, you can adjust the settings of your Flash player using the tools contained in the Website Storage Settings Panel and Global Storage Settings Panel respectively to follow the instructions.
Further, many advertising networks provide Users with information to opt out of targeted advertising. Users can find more information at the following addresses:
Third parties may place cookies on your computer or mobile device to display advertisements on our website. These companies may gather information regarding your visits to our website and other sites to present you with relevant ads about products and services that might interest you. They may also utilize technology such as cookies or web beacons to assess the effectiveness of their advertisements. However, the data collected through this process does not allow us or them to personally identify you unless you willingly provide such information, including your name and contact details.
More information about the Advertisement trackers we use can be found in the “TYPES OF TRACKERS WE US” section table under Targeting/Advertising heading
Users are free to decide whether or not to grant consent. However, please note that cookies help this Website to provide a better experience and advanced functionalities to Users. If the User chooses to reject cookies, they may still use the Website though their access to some functionality and areas of the website may be restricted.
The information collected through the trackers is subject to our Privacy Policy. Please refer to our Privacy Policy for more information on how we collect, use, and protect your personal data.
Consumer Rights: To find more information on consumer rights as per the various global Privacy and Security Law Regulations, Users may read and refer to the Privacy Policy.
Definitions and legal references:
Cookie: Cookies are Trackers consisting of small sets of data stored in the User’s browser.
Natural Person: Natural person is an individual real human being with legal rights and responsibilities.
Personal Data (or Data): Any information that directly, indirectly, or in connection with other information- including a personal identification number- allows for the identification or identifiability of a natural person.
Tracker: Tracker indicates any technology- e.g. Cookies, unique identifiers, web beacons, embedded scripts, and local storage files that enable the tracking of Users, for example by accessing or storing information on the User’s device.
User: The individual who interacts, accesses, or visits this Website, regardless of whether they are logged in, registered, or performing any specific action on the Website, and whose Personal Data is collected.
Website: The page through which the Personal Data of the User is collected and processed. For the purpose of this Policy, includes the terms ‘Company’, ‘we’, ‘us’ and ‘our’, as aforementioned.
References: This statement has been prepared on the basis of multiple Privacy and Security Law Regulations, including but not limited to General Data Protection Regulation (“GDPR”).
Modification: We reserve the right to update or modify this Policy from time to time. Any changes will be posted on this page with a revised effective date.
Acknowledgment and Agreement: By continuing to use the Website, you acknowledge that you have read, understood, and agreed to this Cookie Policy.
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