These terms and conditions are the contract between you and mindfit.org.au (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.
mindfit.org.au is a trade name of Mindfit Pty Limited, ACN 610 304 777 incorporated in the Commonwealth of Australia, whose registered office is at LEVEL 14 275 ALFRED ST NORTH SYDNEY NSW 2060.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Products on your behalf.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately.
means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
means us. It also means the membership marketplace we operate and the business of operating it.
means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract.
means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly;
means all of the services offered for sale through Our Website by a Provider whether free or charged.
means a person who offers a Service for sale on Our Website.
means any website of ours, and includes all web pages controlled by us.
means any person other than you who uses the mindfit.org.au Membership or visits the website for any purpose.
"you” “yours” etc,
means you, the party to this agreement.
2.1. mindfit.org.au is neither a buyer nor provider of Services offered for sale. We are neither a principal nor agent in a buying transaction.
2.2. mindfit.org.au is a marketplace. We are agents of a Provider only to the extent of use of Our Website as a platform for sale of his Service and for collection and forwarding of your money.
2.3. We welcome any comment or complaint about a Provider, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of mindfit.org.au members.
2.4. We are not responsible for supply of any Service you order or for the cancellation and refund procedure should you decide to cancel a Service for any reason.
2.5. We are not responsible to you further than to take your money and pass it to the Provider.
2.6. These terms and conditions regulate the business relationship between you and us. By obtaining mindfit.org.au Membership or using Our Website free of charge, you agree to be bound by them.
2.7. We provide a market place for the supply of Services. We are in no way responsible for:
2.7.1 any aspect of the provision of the Service;
2.7.2 refund payment for any Service;
2.7.3 any complaint about any Service.
2.8. In any dispute with a Provider, you should deal only with the Provider. We have neither legal obligation nor detailed information about the Services.
2.9. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
3.1. Details of the cost and benefits of mindfit.org.au Membership are as set out on Our Website and accordingly updated from time to time.
3.2. You do not have to take any action for this to apply. By accepting these terms and conditions, you do instruct us to give you immediate access.
3.3. mindfit.org.au Membership is non-refundable and non-transferable.
3.4. Apart from your cancellation right, termination of mindfit.org.au Membership will be regulated by this contract set out in paragraph 14 below.
3.5. We reserve the right to modify the mindfit.org.au Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the mindfit.org.au Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those Posted here on Our Website on the day you join as a member.
4.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
5.1. Unless it is clear to the contrary, you may assume that every sale is made by the Provider in the course of his business.
5.2. Prices listed on Our Website by Providers are inclusive of any applicable sales tax.
5.3. Subject to discounts and promotions, Services are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately.
5.4. Services will be provided at the times and places specified in the website or otherwise in terms and conditions of each Provider.
5.5. Neither we nor the Provider can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
5.6. You are required to pay in the currency in which the Service is listed for sale on Our Website.
5.7. Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
5.8. To make future use of Our Website easier and faster for you, we will retain the personal information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.
We take care to make Our Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7.2. If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control who sees it or what anyone does with it.
7.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
7.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
7.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
7.6. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
7.7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
7.8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
7.9. You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
7.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
7.11. Please notify us of any security breach or unauthorised use of your account.
7.12. If you send to us ideas or text of any sort for improvement of our Service, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 4 above.
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other Users of Our Website and to comply with the law. These provisions apply to all Users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
8.1. be unlawful, or tend to incite another person to commit a crime;
8.2. consist in commercial audio, video or music files;
8.3. be obscene, offensive, threatening, violent, malicious or defamatory;
8.4. be sexually explicit or pornographic;
8.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
8.6. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
8.7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
8.8. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
8.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
8.10. facilitate the provision of unauthorised copies of another person's copyright work;
8.11. link to any of the material specified in this paragraph;
8.12. use distribution lists that include people who have not given specific permission to be included in such distribution process;
8.13. send age-inappropriate communications or Content to anyone under the age of 18.
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
9.1. hyperlinks, other than those specifically authorised by us;
9.2. keywords or words repeated, which are irrelevant to the Content Posted;
9.3. the name, logo or trademark of any organisation other than yours;
9.4. inaccurate, false, or misleading information.
10.1. For the avoidance of doubt, this paragraph is addressed to any person who visits Our Website for any purpose.
10.2. We are under no obligation to monitor or record the activity of any User of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
10.3. If you are offended by any Content, the following procedure applies:
10.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
10.3.2 we shall remove the offending Content as soon as we are reasonably able;
10.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
10.3.4 we may re-instate the Content about which you have complained or we may not.
10.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
10.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
11.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
11.2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a User who accessed the site by typing the URL into a standard browser;
11.3. download any part of Our Website, without our express written consent;
11.4. collect or use any product listings, descriptions, or prices;
11.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
11.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
11.7. share with a third party any login credentials to Our Website;
11.8. Despite the above terms, we now grant a licence to you to:
11.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
11.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
12.1. We assume no responsibility for the deletion or failure to store, deliver or timely deliver messages.
12.2. We may, from time to time and without notice, set limit(s) on the number of messages you may send, store, or receive through the service, and we retains the right to delete any emails above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).
13.1. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate your mindfit.org.au Membership.
13.2. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
13.3. If you terminate, we shall not be liable to you whatsoever, and you hereby release us from any such liability.
13.4. Termination by either party shall have the following effects:
13.4.1 your right to use the mindfit.org.au Membership immediately ceases;
13.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party;
13.5. Whether we or you terminate this agreement, you are not entitled to any refund of your membership fee. You agree that if it was otherwise, you would be free to take advantage of the mindfit.org.au Membership scheme for a particular purpose at very low cost.
13.6. At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate any and all parts of the mindfit.org.au Membership without refunding to you any fees paid.
14.1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Services for sale. It is all protected by international copyright laws.
14.2. You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
15.1. We give no warranty that our service will be satisfactory to you.
15.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reason. We may do so without telling you first.
15.3. You acknowledge that our service may also be interrupted for reasons beyond our control.
15.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to mindfit.org.au service.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:
16.1. your use of the mindfit.org.au Membership;
16.2. the breach or violation of this agreement by you;
16.3. the infringement by you, or by any other User of the mindfit.org.au Membership using your computer, of any intellectual property or other right of any person or entity;
16.4. your failure to comply with any law;
16.5. a contractual claim arising from your use of the mindfit.org.au Membership and purchase of Service.
17.1. Your use of the mindfit.org.au Membership is without any warranty or guarantee.
17.2. Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of any such service.
17.3. We or our Content suppliers may make improvements or changes to the website, the Content, or to any of the services described on the website, at any time and without notice to you.
17.4. You are advised that Content may include technical inaccuracies or typographical errors.
17.5. Our Website contains links to other websites. We have neither power nor control over any such website. 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.
17.6. We are not liable in any circumstances for special, indirect or consequential damages 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.
17.7. The mindfit.org.au Website and mindfit.org.au Membership services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
17.7.1 of satisfactory quality;
17.7.2 fit for a particular purpose;
17.7.3 available or accessible, without interruption, or without error.
18.1. All of the Content on Our Website relating to any Service has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.
18.2. We make no representation, warranty or other provision with regard to the Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.
18.3. So far as concerns Services you purchase through Our Website, we are not liable for:
18.3.1 any Service complying with the requirement of any law or being available;
18.3.2 the Provider performing his contract.
18.4. We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Service offered for sale by a Provider will be useful or suitable for you.
18.5. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.
19.1. If any term or provision of this agreement 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.
19.2. For the purposes of the Privacy Act 1988 you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
19.3. If you are in breach of any term of this agreement, we may:
19.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
19.3.2 terminate your account and refuse access to Our Website;
19.3.3 remove or edit Content, or cancel any order at our discretion;
19.3.4 issue a claim in any court.
19.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
19.5. No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.6. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
19.7. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
19.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19.9. This agreement does not give any right to any third party.
19.10. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
19.11. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
19.12. The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales.
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