MINDVISION PTY LTD operates mindinfusions.com.au (hereinafter referred to as “Website”).
The following terms and conditions (hereinafter referred to as “Terms of Service”) shall apply to the use of the Website.
Throughout the Website, the terms “we”, “us” and “our” shall refer to MINDVISION PTY LTD.
Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS HEREIN, THEN YOU SHALL NOT ACCESS OR USE THIS WEBSITE.
Article 1: DECLARATION BY WEBSITE USER/VISITOR
You hereby declare that:
(i) you are at least the age of majority in your state or province of residence; or you are the age of majority in your state or province of residence and you have given MINDVISION PTY LTD your consent to allow any of your minor dependents use of this Website;
Article 2: GENERAL CONDITIONS
MINDVISION PTY LTD reserves the right to refuse access to and/or use of the Website to anyone for any reason at any time.
MINDVISION PTY LTD may suspend or cancel your account immediately at any time if you breach any of these Terms of Service and considers that the breach is incapable of remedy. Without limiting the above, MINDVISION PTY LTD considers the infringement of another person’s rights, including intellectual property rights, a breach that is incapable of remedy.
You accept that content (not including credit card information) may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Article 3: INTELLECTUAL PROPERTY
No material from this Website shall be copied, reproduced, republished, uploaded, posted, transmitted or distributed, all or in part, in any way under any circumstances. Modification of the materials or use of the materials for any other purpose constitutes a violation of MINDVISION PTY LTD’s copyright and other proprietary rights.
All materials including the Mindinfusions Therapy Sessions name, logo, trademarks and service marks, whether registered or unregistered, as well as graphics, images, text, illustrations, designs, icons, photographs and written and other materials that are part of this Website are intellectual property owned and controlled exclusively by MINDVISION PTY LTD and are protected by Australian and international copyright laws. The compilation (as in collection, arrangement, structure and assembly) of all content of this Website is the exclusive property of MINDVISION PTY LTD and is also protected by Australian and international copyright laws.
MINDVISION PTY LTD expressly reserves all intellectual property rights in all text, content and other materials which appear on this Website.
You hereby accept that these Terms of Service do NOT transfer, from MINDVISION PTY LTD to you, any intellectual property of MINDVISION PTY LTD or third party, and any and all rights, titles and interests in and to MINDVISION PTY LTD’s property will remain solely with MINDVISION PTY LTD.
You hereby acknowledge that access to or use of the Website does NOT grant anyone the right or license to reproduce or otherwise use the name, logo, mark or any other intellectual property of MINDVISION PTY LTD or a third party in any manner.
You hereby accept that any infringement of said intellectual property may result in MINDVISION PTY LTD taking legal action against you.
Article 4: PRODUCTS
Before purchasing and using the products sold on the Website (hereinafter referred to as “Products” in this Article), you expressly agree to be bound by and comply with the User Agreement on Products. You accept that the Products are subject to our Refund, Return & Replacement Policy.
While MINDVISION PTY LTD has made every effort to display as accurately as possible the colours and images of the Products that appear on the Website, you accept that MINDVISION PTY LTD cannot guarantee that your computer monitor’s display of any colour will be accurate. You understand that images of Products displayed on the Website are for reference purposes only and are presented to be used as a guide only, and accept that the actual packaging and design (including layout, elements, colouring, etc.) may not be exactly the same. You accept that MINDVISION PTY LTD may redesign, update and/or improve its Products at its discretion at any time.
MINDVISION PTY LTD reserves the right, but is NOT obligated, to limit the sales of Products to any person, geographic region or jurisdiction. MINDVISION PTY LTD may exercise said right on a case-by-case basis. MINDVISION PTY LTD reserves the right to limit the quantities of any Products that it offers. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of MINDVISION PTY LTD. MINDVISION PTY LTD reserves the right to modify or discontinue any Product (or any part or content thereof) at any time. MINDVISION PTY LTD shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Products.
Any offer for any Product made on this Website is void where prohibited.
ARTICLE 5: ACCURACY OF BILLING AND ACCOUNT INFORMATION
MINDVISION PTY LTD reserves the right to refuse any order you place with us. MINDVISION PTY LTD may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that MINDVISION PTY LTD makes a change to or cancel an order, MINDVISION PTY LTD may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. MINDVISION PTY LTD reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made via the Website.
ARTICLE 6: OPTIONAL TOOLS
MINDVISION PTY LTD may provide you with access to third-party tools over which MINDVISION PTY LTD neither monitors nor has any control nor input.
You acknowledge and agree that MINDVISION PTY LTD provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. MINDVISION PTY LTD shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
You accept that any use by you of optional tools offered through the Website is entirely at your own risk and discretion, and that you are required to familiarize yourself with and approve of the terms on which tools are provided by the relevant third-party provider(s).
MINDVISION PTY LTD may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
ARTICLE 7: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at MINDVISION PTY LTD’s request, you send certain specific submissions (e.g., contest entries) or without a request from MINDVISION PTY LTD you send creative ideas, suggestions, proposals, plans, testimonials or any other materials, whether online, by email, by postal mail, or otherwise (hereinafter collectively referred to as “Comments”), you agree that MINDVISION PTY LTD may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to MINDVISION PTY LTD. MINDVISION PTY LTD shall be under no obligation to: (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments.
MINDVISION PTY LTD may, but has no obligation to, monitor, edit or remove content that MINDVISION PTY LTD determines at its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead MINDVISION PTY LTD or third-parties as to the origin of any Comments. You shall be solely responsible for any Comments you make and their accuracy. MINDVISION PTY LTD takes no responsibility and assumes no liability for any Comments posted by you or any third-party.
Article 8: THIRD-PARTY LINKS
Certain content, products and/or services available via the Website may include materials from third-parties.
You understand that references on this Website to any names, marks, products or services of third parties or hypertext links to third-party websites or information are provided solely as a convenience to you and do NOT in any way constitute or imply MINDVISION PTY LTD’s endorsement, sponsorship or recommendation of the third party, information, product or service.
Third-party links on this Website may direct you to third-party websites that are not affiliated with MINDVISION PTY LTD. You accept that MINDVISION PTY LTD is NOT responsible for examining or evaluating the content or accuracy and does 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, including any viruses or other damaging elements encountered in accessing third-party websites.
You accept that MINDVISION PTY LTD is NOT liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-parties’ policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products shall be directed to the third party, NOT MINDVISION PTY LTD.
Article 9: PERSONAL INFORMATION
Article 10: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product/service descriptions, pricing, promotions, offers, etc. MINDVISION PTY LTD reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time without prior notice, but assumes no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website shall be taken to indicate that all information on the Website has been modified or updated by MINDVISION PTY LTD.
You accept that MINDVISION PTY LTD is NOT responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and shall 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 this Website is at your own risk.
ARTICLE 11: PROHIBITED USES
You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate MINDVISION PTY LTD’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet.
MINDVISION PTY LTD reserves the right to terminate your use of the Website for any of the prohibited uses.
Article 12: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website is provided ‘as is’ and ‘as available’ for your use. MINDVISION PTY LTD makes no warranty whatsoever that the Website will be accurate, error-free or reliable or that access thereto will be timely, secure, continuous or uninterrupted, and hereby disclaims any and all warranties of any kind, express or implied, including, without limitation, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. You accept that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
To the extent permitted by law, in no case shall MINDVISION PTY LTD, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 out of your use of the Website, or for any other claim related in any way to your use of the Website, 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 Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of the possibility thereof.
Article 13: INDEMNIFICATION
You agree to indemnify, defend and hold harmless MINDVISION PTY LTD and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including without limitation attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Article 14: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be deemed severable from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Article 15: ENTIRE AGREEMENT
The failure of MINDVISION PTY LTD to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by MINDVISION PTY LTD on this Website constitute the entire agreement and understanding between you and MINDVISION PTY LTD and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and MINDVISION PTY LTD relating to the Website (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party MINDVISION PTY LTD.
Article 16: GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Article 17: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. MINDVISION PTY LTD reserves the right, at its sole discretion, to update, modify, replace or otherwise change any part of these Terms of Service at any time. Any changes will take effect immediately upon posting on the Website. Your continued use of or access to the Website following the posting of any changes to these Terms of Service shall constitute your acceptance of such changes.
Article 18: CONTACT INFORMATION
If you have any questions about the Terms of Service, please send them to MINDVISION PTY LTD by using the Contact Form.