Terms & Conditions
This Website is operated by Mind for Body Pty Ltd (ACN 604 772 378). Throughout the site, the terms “I”, “We”, “Us” and “Our” refer to Mind for Body Pty Ltd (ACN 604 772 378). We offer the information (“Information”) on this website (“Website”) and products, including ebooks (“Products”), available from the Website to you, the user (“You” and “Your”), conditional upon Your acceptance of all terms, conditions, policies and notices stated here (“Terms of Service”, “Terms”). By visiting the Website, accessing the Information, and/or purchasing a Product (collectively, “Material”) from us, You engage in Our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
2. Online Store Terms
By agreeing to these Terms:
- You represent that You are at least the age of majority in Your state or province of residence and You have given Us Your consent to allow any of Your minor dependants to use the Website.
- You may not use the Material for any illegal or unauthorized purpose nor may you, in the use of the Material, violate any laws in Your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- You agree to provide current, complete and accurate purchase and account information for all purchases made using this Website.
- You agree that We reserve the right to refuse any order You place with Us.
- You understand that Your content (not including credit card information), may be transferred unencrypted and involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices
- You acknowledge that third-party links on this site may direct You to third-party Websites that are not affiliated with Us and that We are not responsible for examining or evaluating the content or accuracy and
- We do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
- We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms (including removing any right you have pursuant to clause 5(c) in relation to the information) by posting updates and changes to the Website.
- Products may have limited quantities and are subject to return or exchange only according to Our Return Policy.
- Prices for the Products are subject to change without notice.
- We reserve the right to modify or discontinue the Website (or any part or content thereof) without notice at any time.
- We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Website or any Product.
- We reserve the right, but are not obligated, to limit the sales of the Products to any person, geographic region or jurisdiction. We reserve the right to limit the quantities or descriptions of Products. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this Website is void where prohibited.
4. Accuracy, Completeness & Timeliness of Information
- We are not responsible if Material (including Information) is not accurate, complete or current. The Material (including the Information):
- is provided for general information only;
- may contain historical information. Historical information, necessarily, is not current and is provided for Your reference only;
- may contain information sourced by Us from other parties, the accuracy, completeness or currency of which cannot be fully verified by Us.
- Although We make reasonable efforts to ensure that the Material (including the Information) is accurate, complete or current, We provide no warranty in respect of Material (including the Information) should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at Your own risk. In Particular, the Material (including the Information) does not nor is intended to constitute medical advice. Any advice of a medical nature or pertaining to your health or wellbeing should be sought by you from a licensed and practising medical practitioner.
- The Materials delivered to You through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Nothing in this clause is to be taken as affecting any rights conferred upon You pursuant to the provisions of Schedule 2 of the Competition and Consumer Act 2010 (“Australian Consumer Law”).
- To the extent permitted by law, in no case shall We (nor any of our officers, directors, employees or agents) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Materials, or for any other claim related in any way to Your use of the Materials , including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- To the extent permitted by law, Our total liability to You (if any) in connection with the supply by Us of any of the Materials, will be limited, at our election, to: (1) in the case of Information, the re-supply of the Information or payment of the cost of doing this; (2) in the case of Products, repair or replacement of the goods, supply of equivalent Products, or payment of the cost of doing this; and/or (3) the amount paid by you (if any).
The Material may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary by these terms, You do not have any right, title or interest in or to any of Our intellectual proprietary rights relating to the Material. Material must not be used, reproduced, stored, sold, exploited, resold, published, altered or transmitted in any form or by any means in whole or in part without Our prior written consent, with the following exceptions:
- Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act 1968; or
- Where such use, reproduction, etc, is undertaken by normal processes on Your computer only (such as Your web browser’s cache); or
- Where such use, reproduction, etc is of the Information only (for the avoidance of doubt, it does not extend to Products including, without limitation, ebooks purchased from the Website) and:
- is for Your own personal, non-commercial use; and
- does not result, directly or indirectly, in financial gain for You; and
- comprises solely of communication of the material in electronic means (eg by email) and is accompanied by a prominent hyperlink that permits anyone viewing the Information to readily access the Website; and
- is accompanied by a statement by you that attributes ownership of the intellectual property in the Information to Us. (for example “copyright in this material is owned by Mind for Body Pty Ltd. Its Website may be accessed by clicking the following link”).
6. Returns Policy
If You purchase any Products from us, You will not be entitled to return any Products to Us for refund, credit or repair if You change Your mind, or misused a product in any way that caused the problem and in all respects You will not be entitled to return any Products to Us for refund, credit or repair unless We are legally obliged to do so under the provisions of the Australian Consumer Law.
7. Errors, Inaccuracies and Omissions
Occasionally there may be information in the Material that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update Material or cancel orders if any information in the Material is inaccurate at any time without prior notice (including after You have submitted an order).
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
9. Governing Law
These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these Terms.