WEBSITE TERMS AND CONDITIONS
Welcome to Mind Body and Eating [ABN 69330392417] and www.mindbodyandeating.com, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of NSW and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
To only make personal and non-commercial use of our content
You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing fiona@mindbodyandeating.com. All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.
To not rely on any “advice”
Some of the information we provide on our website may be health related information. It does not constitute any health advice and we provide this information for your general use only. It may be historical information, incomplete information or could be an opinion that is not widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk, and you should always seek independent professional advice before reliance on the information.
WE MAKE NO WARRANTIES OR GUARANTEES
We cannot represent, warrant or guarantee that:
our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or
our content is accurate, complete and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at fiona@mindbodyandeating.com if you find any issues.
LIMITATION OF LIABILITY AND INDEMNITY
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
OTHER
This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
DEFINITIONS
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or ourmeans Fiona Pugh t/as Mind Body and Eating [ABN 69330392417] and includes any of our employees, agents, partners and contractors.
ADDITIONAL TERMS OF SERVICE FOR OUR ONLINE COURSES
These Additional Terms of Service (“Terms”) apply to all clients, or all potential clients of Mind Body and Eating [ABN 69330392417] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.
ONLINE COURSE WE WILL PROVIDE
When you purchase our Online Course, we provide access to the Teachable platform so that you can receive the course Materials. You also receive a physical package of products which is designed to accompany the Online Course.
BEFORE PURCHASE
Things you must do before purchasing Online Courses on our website
You must:
be 18 years old or have parental consent;
provide complete and accurate information to us, and promptly inform us of any updates to your information;
ensure you have adequate technology set up and internet access to participate in the Online Course.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that:
we cannot take into account your personal situation or your personal goals or objectives when providing the Online Course. The Materials are general in nature and we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary;
the information in the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. We may provide information that could be classed as "health advice". You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information;
you are solely responsible for your own actions, decisions, success and outcomes of the Online Course. We strongly recommend you complete all training modules and coursework and be open to any feedback;
aromatherapy and essential oil use is subjective, and we cannot guarantee any results in this regard;
participation in the Online Course is at your sole risk, and you are responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, or psychiatrist, physiotherapist, or other allied health professional. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We are not liable for any Loss or damage suffered in connection with your participation in any Online Course or any reliance on any “health or medical advice”.
you must notify us immediately if your health status changes in any way.
You further acknowledge and agree that there may be:
occasional errors or omissions in Online Course descriptions, prices, availability and promotions;
some Online Courses with limited places, and some courses that are limited to certain regions or groups of people;
technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of any Online Courses. We also cannot guarantee the results of the Online Course as they are dependent on your actions and implementation.
You also acknowledge that we may make recommendations of suppliers for various products or services during our Online Courses. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
Payments
You must:
pay for the Online Course via the published payment methods available;
have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively.
AFTER PURCHASE
Things you must do after purchasing on our website
You must:
maintain the confidentiality of your login and password for your account;
not allow other people to use the Materials or your account;
contact us by email at if you have any difficulty downloading any Materials;
not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
contact us by email at if you have any issues with the Online Course and require a refund;
seek our prior written consent before any publication of information about us; and
in the case of a dispute keep all communications confidential.
Acknowledgements you make in relation to privacy and confidentiality
We will not disclose any Confidential Information, except where it is required by law. For more information on the circumstances where we disclose personal information, please see our Privacy Policy here.
Unfortunately, whilst we encourage confidential communications, we cannot guarantee that delivery of our Online Course and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessing any online video conferencing or other meeting platforms.
Things we’d love you to do after purchasing on our website
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at fiona@mindbodyandeating.com.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website and store
Except as required by law, we may at any time, and without prior notice to you:
change and update information including availability and promotions;
change prices or descriptions of our Online Courses;
change our range of Online Courses, or discontinue an Online Course.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Online Courses are delivered with due care and skill and within a reasonable time.
Except as required by law we do not warrant the quality of the Online Courses or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of an Online Course, or where you fail to comply with our instructions.
If we need to cancel your order we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel an Online Course where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole course we will provide you with a full refund. Despite our reasonable endeavours, on occasion we may also need to change times or dates of parts of our Online Course at short notice or even cancel parts of an Online Course. We will notify you as soon as possible of any changes. In some circumstances we may also offer a transfer you to another Online Course if the times or dates are inconvenient to you. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and sell Online Courses at any time
We may refuse to provide our Online Courses to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any account and disable your ability to purchase of our Online Courses. We can also change, suspend or stop providing Online Courses at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Online Courses.
INTELLECTUAL PROPERTY
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials in relation to the Online Courses is for the duration of the Online Course only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at fiona@mindbodyandeating.com to seek consent.
RELIANCE ON ADVICE DISCLAIMER
We may provide information in our Materials and that may be classed as “health advice”. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Online Courses purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Online Courses, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, changes to dates and times of Online Courses.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
the replacement of the Online Course or the supply of an equivalent Online Course; or
the payment of acquiring an equivalent Online Course.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Course you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, and any breach of our Intellectual Property Rights.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, trespass, property damage and legal costs.
Materials means any of our books, and any materials, worksheets, documents, copy, diagrams, videos, photographs and anything provided to you during the course.
Online Course means our course “Find your freedom” and any other online courses we may provide, and includes all Materials.
We, us, or our means Fiona Pugh t/as Mind Body and Eating [ABN 69330392417 ] and includes any of our employees, agents, partners, contractors.
Website and services means www.mindbodyandeating.com, and everything available on this website including, but not limited to, all Online Courses.
