Welcome to our website. This website with URL address www.mindbodypractice.com.au (the Website) is owned and operated by Mind Body Practice Pty Limited (ACN: 631 025 440)  (“MBP”, “we”, “us”). The term ‘you’ or ‘your’ refers to the website user.

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Our terms (Terms) include this document and our Privacy Policy, as well as any other terms and conditions that may govern our services as described on our Website (for example, consent forms). 

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Please note that by using, browsing or reading the Website, you’re indicating to us that you’ve read, understood and accepted these Terms. If you don’t agree with our Terms, we ask that you immediately cease using the Website. If you have any questions or comments about our Terms, please feel free to get in touch with us.

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Your use of this Website is subject to the following terms of use:

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1.         Use of our website

The content of this Website is for your general information and use only and is subject to change without prior notice.

You can only ever use our website for lawful purposes (such as researching, booking our services or contacting us) in a manner consistent with the nature and purpose of the Website, and in a way that doesn’t impact on anyone else’s use and enjoyment of the website. 

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You’re not permitted to change, add to, remove, deface, hack or otherwise interfere with our website or any material or content displayed on the website, or attempt to do any of those things.

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Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

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2.         Intellectual property

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties. 

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All designs, trade marks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.

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As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device's cache memory and to print pages from the website for your own personal and non-commercial use. 

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If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.

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Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website - all other rights are expressly retained and reserved by us and nothing you do on or in relation to the website will transfer any intellectual property or associated rights. 

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Any reproduction of the website or website content is prohibited other than in accordance with these terms.

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3.         Submissions

We may sometimes ask our users to contribute content to the Website or social media. Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, images, videos or other information) will be deemed to be non-confidential and non-proprietary, unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.

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You warrant that you hold the necessary rights and interests to use any material you add to this Website, (your content) and that all of your content does not infringe any third-party intellectual property rights, including copyright and trademark rights.

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By submitting your content to the website, you irrevocably grant MBP a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future or for the purposes of marketing our business (for example through your testimonial content submission). We will not use your content for any other purpose.

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You indemnify MBP against any claims made for breach of intellectual property rights in respect of your content.

At our sole discretion MBP may remove or disable your content if we believe your content to be in violation of our Terms.

MBP is not obligated to return any of your content to you under any circumstances.

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4.         Privacy

We take your privacy seriously. All information we collect through your use of the Website and how we use and disclose it is set out in our Privacy Policy, which is available on our Website.

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5.         Links to our website

If you would like to link to our Website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our Website, we may impose certain terms or conditions.

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If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may ask you to remove the link. Refusal will constitute a breach of these terms.

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6.         Links from our website to other websites

We may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. We have no control over the nature, content and availability of those websites. For your own safety, please make sure you check the protocols and standards of the linked sites before using them.

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7.         Our use of cookies

We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services. By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy, which is available on our Website.

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8.         Security

Our Website is security assured by the Wix Security team. We use reasonable endeavours to ensure the Website is free of any malware, bugs, viruses, trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.

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9.         Disclaimer and indemnity

Nothing in these Terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). 

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Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms. Please note that we won’t 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 under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

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We make the Website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided "as is" and "as available" – we don’t make any representations or warranties of any kind – and, to the maximum extent permissible by law, we exclude all liability for loss or damage you might suffer because of:

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• failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third party conduct arising out of the Website;

• unsuitable or out of date information on the Website (including third party material and advertisements on the Website);

• you or any other person acting or not acting, on any information; 

• personal injury or property damage of any nature resulting from your or any other person’s access to or use of the Website;

• any unauthorised access to or use of information or data, including personal and financial information, collected by us;

• any interruption of transmission to or from the Website;

• any unauthorised access to or use of information or data, including personal and financial information, collected by us;

• any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites;

• costs incurred by you in using the Website; and

• links which are provided for your convenience.

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It is your own responsibility to ensure that any services or information available through this Website meet your specific requirements.

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You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Website.

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10.      Changes to terms

If we decide to change these terms (and we can do so at any time), we’ll post a copy of our revised terms on our Website. Changes to the terms will take effect immediately on being published on the Website. Your continued use of the Website indicates your acceptance of the revised terms.

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11.      Severance

If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force.

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12.      No affiliation

Our Website is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google, nor is it endorsed by or affiliated with any of those websites or their owners in any way.

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13.      Termination

The agreement between us constituted by your use of the Website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the Website and any licences granted in respect of intellectual property will be revoked.

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14.      Jurisdiction

As we are based in New South Wales, Australia, these Terms will be governed by the laws of that state. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales and courts of appeal from them.

 

This document was last updated: 16 December 2019.