Services Terms and Conditions

Last updated: August 18, 2022

 

Mindfit Training Co. Pty Ltd (ABN: 93 634 118 835 ) (“us”, “we”, “our” and Mindfit Training) operates the melliobrien.com website and provides complimentary mindfulness and paid mindfulness and coaching services (the “Services”) subject to the following terms and conditions (the “Terms”).

 

This page informs you of our terms regarding all Services.

 

We use your data to provide and improve the Services. By using the Services, you agree to the collection and use of information in accordance with our Privacy Policy accessible from melliobrien.com (the “Site”).

 

  1. Welcome and Acceptance

 

Hello and welcome! These Terms are a legal agreement between you and Mindfit Training. Please read the Terms and contact us if you have questions, our contact details are at the end of the Terms. You accept the Terms by conduct, including without limitation:

  • by online acceptance on the Site;
  • by moving forward with the Services such as booking times on the Site or other methods;
  • by email; or
  • by payment.

 

  1. Services

 

  • The Services are described on the Site. Our Services include our free information, free masterclass, Headstrong program, private coaching, and all other information, classes, programs and coaching offered on or available from our Site or offered directly by Mindfit Training.
  • The Services are designed to teach you about mindful living, stress reduction, emotional intelligence and how to cultivate more resilience, focus and fulfilment.
  • We will provide the Services with due care and skill and we will supply the Services within a reasonable time as agreed by the parties.
  • We will provide the Services for the agreed period, unless the parties agree a variation. At the end of the period the parties may agree to continue the Services under the Terms for an additional period and for an agreed fee.
  • The Services and Fees may be varied in writing including email, by agreement between the parties.

 

  1. Fees and Payment

  • Free Services: certain Services are provided with no Fee, and are subject to these Terms, other than the Fees and Payment section.
  • Fees: fees and payment terms for the Services are set out on our Site or set out in writing by us including by email. All fees are stated in AUD unless expressly stated otherwise, and include GST unless expressly stated otherwise.
  • Services: for Services with fees, you agree that if you engage our Services, you will pay the specified Fees for the Services in accordance with the stated payment period.
  • Method: you agree to pay the relevant fees using the methods set out on our Site or set out in writing by us including by email.
  • Invoices: you must pay invoices in the period set out in the invoice. We may cease to provide the Services until we receive full payment, in our sole discretion.
  • Interest: if necessary, we may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 1% per month, calculated daily and compounding monthly, on any amounts unpaid after the payment date set out on the invoice.
  • Debts: if invoices are unpaid after the payment date, we have the right to engage debt collection Services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed. We reserve the right to report bad debts to independent credit data agencies.
  • Fee changes: if the parties agree to a further period of Services after any initial period has elapsed, we may review and increase the fees at our sole discretion. Fee changes will apply after the agreed period is complete. We will notify you of any applicable fee changes.

 

  1. Bookings and Cancellation

 

Where the Services include booked sessions, you are responsible to book in your sessions at times that suit you. You can reschedule each session once, at least 24 hours before the scheduled session, with the rescheduled date subject to availability. If less than 24 hours’ notice has been given, payment in full is required for that session, and it is no rescheduled.

 

  1. Intellectual Property and Use

  • Ownership: We own or licence all rights, title and interest (including intellectual property rights) in our Services, including pre-existing intellectual property and Intellectual property that we create during the course of the Services (“Materials”). All Materials are our property, or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Our name, logo and all related names, logos, product and Services names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and Services names, designs and slogans on the Website are the trademarks of their respective owners.
  • License: We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services to help you achieve your own personal goals. You are not licensed to, and you agree that you will not:
    • breach any intellectual property rights connected with our Materials, including (without limitation) altering or modifying any of our Materials or creating derivative works;
    • modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, sell, resell, redistribute or in any way repackage our Materials, or otherwise commercialise or exploit our Materials in any manner; or
    • offer competing products or Services based upon any information contained in the Materials.
    • Prohibitions: All other uses are prohibited unless we give you written consent. Nothing in the Terms constitutes an assignment or transfer of intellectual property rights, or a right to use intellectual property, whether registered or unregistered, except as stated in the Terms or with the party’s written permission.

 

  1. Copyright Notice

  • You acknowledge that the Site and Materials contain information and/ or software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Mindfit Training or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the Content). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through. If you want to use any content for any reason you must obtain prior express written permission of Mindfit Training.
  • You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by Mindfit Training or the owner of the software’s patent and or copyright. Subject to the provisions of this Copyright Notice, you may post on content owned by you (such as your original statements), content for which you have received express permission from Mindfit Training, and content in the public domain. You assume all right and responsibility for determining whether any Content is in the public domain. You grant to Mindfit Training the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
  • You may not download content that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of Mindfit Training. Free content may be downloaded for your personal use or non-commercial distribution consistent with the terms in this Copyright Notice. When using both purchased and free content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of Mindfit Training or the owners of such content or their authorized persons other than Mindfit Training.
  • Publications, products, content or services referenced herein or on the Site are the exclusive trademarks of Mindfit Training. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of Mindfit Training.

 

  1. Confidential Information

  • We agree not to disclose your confidential information to any third party (other than where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect your confidential information from any unauthorised disclosure; and only to use your confidential information for the purpose for which it was disclosed by you and not for any other purpose.
  • You agree not to disclose our confidential information to any third party; to use all reasonable endeavours to protect our confidential information from any unauthorised disclosure; and only to use our confidential information for the purpose for which it was disclosed or provided by us to you and not for any other purpose.
  • These obligations do not apply to confidential information that:
    • is authorised to be disclosed;
    • is in the public domain and/or is no longer confidential, except as a result of a breach of the Terms;
    • is received from a third party, except where there has been a breach of confidence; or
    • must be disclosed by law, regulation or by a regulatory authority including under subpoena.
    • This clause will survive the termination of the Terms.

 

  1. Your Obligations

 You warrant that there are no legal restrictions preventing you for agreeing to these Terms; any information provided is true and correct and complete, you will inform us if you have reasonable concerns relating to the provision of Services under the Terms, with the aim that the parties will use all reasonable efforts to resolve the concerns and you will not employ, canvass, solicit, entice, induce or attempt to employ our personnel.

 

  1. Electronic Communications, Videoconference and Telephone

We send and receive emails and documents electronically, but have no liability for any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files. We meet by videoconference but have no liability for any claim you may have as a result of any interruption or interference. If videoconference is unavailable we can choose to meet by telephone.

 

  1. Feedback and Dispute Resolution

If there is a dispute between the parties in relation to the Terms, the parties agree to the following dispute resolution procedure:

  • The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
  • If the parties cannot agree how to resolve the dispute at that initial meeting, any party may refer the matter to mediation administered by the Australian Disputes Centre (ADC).
  • The mediation will be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC.
  • The parties must attend the mediation in good faith, to seek to resolve the dispute.
  • Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under the Terms, by law or in equity.
  • This clause will survive the termination of the Terms.

 

  1. Term and Termination

  • Either party may terminate the Terms if there has been a material breach of the Terms, subject to following the dispute resolution procedure.
  • We may terminate the Terms immediately, at our sole discretion, if:
    • you commit a non-remediable breach of the Terms;
    • you commit a remediable breach of the Terms and do not remedy the breach within a reasonable time after receiving written notice of the breach;
    • you fail to provide us with clear or timely instructions to enable us to provide the Services;
    • we consider that a request for the Services is inappropriate, improper or unlawful or we consider that the working relationship has broken down including a loss of confidence and trust;
    • for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe; or
    • you fail to pay by the due date.
  • On termination of the Terms you agree that fees or other payments made are not refundable, and you must pay for all Services provided prior to termination, including Services which have been performed and have not yet been invoiced.
  • On termination of the Terms, you agree to promptly return (where possible), or delete or destroy (where not possible to return), our confidential information and intellectual property, and/or documents containing or relating to our confidential information and/or intellectual property.
  • On termination of the Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your confidential information and intellectual property, and/or documents containing or relating to your confidential information and/or intellectual property.
  • On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of the Terms.
  • The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.

 

  1. Consumer Law and Refunds

  • ACL: certain legislation including the Australian consumer law (ACL) in the Competition and Consumer Act 2010(Cth) and similar consumer protection laws and regulations may confer rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory rights).
  • Statutory rights and refunds: Our liability for the Services, and for refunds, is governed by the ACL and the Terms.
  • Warranties: except for your statutory rights, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees.
  • Delay: where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period, where it is affected by your delay in response or supply of incomplete or incorrect information.

 

  1. Warranties and Disclaimers

  • While we make all reasonable efforts to assist you to achieve the goals, you acknowledge and agree that many factors to achieve the goals are outside our control. We do not guarantee that the goals will be achieved.
  • You agree that the Services are not health coaching, counselling, psychology, psychotherapy, psychoanalysis or mental health care, treatment or therapy. You agree that the Services are not professional legal, medical, financial, business or other advice. You agree to obtain these services if you need these.
  • You read, use and act on our Services at your own risk. To the maximum extent permitted by law, we make no representations or warranties that our Services are complete, accurate, reliable, up-to-date and suitable for any particular purpose, access will be uninterrupted, error-free or free from viruses and we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Services or Materials.
  • Our total liability arising out of or in connection with the Services, is limited to re-supplying the Services, or, at our option, refunding the amount paid for the Services to which your claim relates. Our total liability for all damages in connection with the Services will not exceed the lesser of the price paid under the Terms for a specific Services, or within for the 12-month period prior to the act which gave rise to the liability. To the extent permitted by law, we exclude liability for the Services being unavailable, your inability to access or use the Services or the late supply of Services, or any claim, even if we were informed of the likelihood of such loss or damage.
  • This clause will survive the termination of the Terms.

 

  1. General

  • Variation: We may, at any time and at our discretion, vary these Terms and provide these by email or on our website.
  • GST: If and when applicable, GST payable on the fee for the Services will be set out on our invoices. We agree to pay the GST amount at the same time as its pays the fee.
  • Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
  • Assignment: The Terms are personal to the parties. A party must not assign or deal with the whole or any part of its rights or obligations under the Terms without the prior written consent of the other party.
  • Privacy: We comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines regarding your personal information.
  • Severance: If any provision (or part of it) under The Terms are held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under the Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from the Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
  • Force majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control.
  • Notices: Any notice required or permitted to be given by either party to the other under the Terms will be in writing addressed to the relevant address notified to us. Any notice may be sent by standard post or email, and notices will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
  • Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
  • Entire agreement: The Terms represents the entire agreement between the parties and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

 

CONTACT INFORMATION

 

If you have any questions you may contact us at: support@melliobrien.com