THE MINDFUL COLLECTIVE DISCLAIMER

The Mindful Collective ABN 55 263 838 558, and their legal affiliates, employees, managers, officers, agents and partners (collectively the “Collective ”) have created and manage the Collective website and any other affiliated products (the “Services”) for Your use and enjoyment.

The Terms of Use include our legal disclaimer and our Privacy Policy and any other terms or conditions on this website.

By accessing or using the Services, You agree to the Terms of Use set out below (the “Terms”). The Terms include our Privacy Policy and any other terms or conditions of the Services.

You should review our Privacy Policy and these Terms carefully and immediately cease using the Services if You do not agree to these Terms.

We may change the Terms at our discretion and without notice. A version of the current Terms of Use will be available on this website as they are changed. By continuing to use the Services You accept the Terms of Use as they apply from time to time. A copy of our current Terms is displayed on our website at all times. These Terms are in no way limited or altered by any other terms or conditions on the Services.

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and in all of the material (including all text, graphics, logos, audio and software) made available on the Services (“Content”).

1. USE OF OUR SERVICES

The use of the Services is limited to people of the age of 13 or over. No one under the age of 13 is permitted to use the Services. Some Services provided by the Collective may be exclusive to age groups older than 13.

It is important that You read and understand the Terms carefully.

By using the Services, You warrant that:

• (a) You are entering into a binding agreement with the Collective;
• (b) You have the legal capacity to access and use the Services;
• (c) You have the right to enter into the Terms in accordance with the laws of Your jurisdiction;
• (d) You understand and consent to all of the Terms;
• (e) You understand and agree that You use the Services at Your own risk;
• (f) You are solely responsible for Your interaction with other users of the Services, whether online or offline. You agree that the Collective is not responsible or liable for the conduct of any user;
• (g) You will comply with all of the Terms and all relevant state, national and international laws, treaties, codes, rules and regulations with respect to the Services;
• (h) You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You must not post private or confidential information via the Services, including, without limitation, Your or any other person’s credit card information, tax file numbers, social security numbers, non-public phone numbers or non-public email addresses;
• (i) You will not use the Services for illegal, or unauthorised purposes;
• (j) You will not create accounts with the Services through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
• (k) You will not access any part of the Services by means other than those provided for by the Services (including but not limited to Collective ’s API) without written consent from the Collective;
• (l) You will not attempt to restrict another user from using or enjoying the Services and You must not encourage or facilitate violations of these Terms or any other Collective terms;
• (m) You are responsible for all data charges You incur through use of the Services;
• (n) You will not interfere with or disrupt the Services, or any servers or networks provided to Collective by any means;
• (o) You will not create false accounts for the purposes of deceiving, confusing, imitating or affecting the reputation of any individual, group, business, entity or brand; and
• (p) By accessing or using the Services You represent and warrant that Your activities are lawful in every jurisdiction where You access or use the Services.

If You violate any of the Terms, the Collective may, in their absolute discretion, terminate Your account or block or suspend You from using all or part of the Services.

Further, You agree that if You are using the Services on behalf of a business, partnership, company or any other commercial entity that You have express permission to do so and all necessary authority to bind that entity to the Terms and grant all licences set out in the Terms.

2. GENERAL TERMS

• (a) We reserve the right to refuse access to the Services to anyone for any reason at any time.
• (b) We reserve the right and sole discretion to determine that You have breached these Terms.
• (c) We reserve the right, but are not obligated, to monitor or become involved in disputes between You and other users.
• (d) You agree that the Collective does not endorse and is not responsible for any Content posted within the Services.
• (e) Collective is not obligated to pre-screen, monitor, edit, or remove any Content.
• (f) Any interaction You have with third parties through Your interaction with the Services, whether endorsed by the Collective or otherwise is solely Your responsibility.
• (g) The Services or any correspondence that the Collective may send You relating to the Services may contain links to, or information about third party websites, applications, features or services.
• (h) You expressly acknowledge and agree that the Collective is in no way responsible or liable for any such third-party information, websites, applications, features or services and that You use them at Your own risk and absolute discretion and You hold Collective harmless for any damage You may incur through the use of such third-party information, websites, applications, features or services.
• (i) Although it is Collective’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
• (j) The Collective reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by the Collective, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
• (k) The Collective will not be liable to You for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
• (l) You agree that if You volunteer feedback, ideas, improvements, concepts or suggestions to the Collective, the Collective can use Your ideas without providing You with any form of compensation.

3. COLLECTIVE’S INTELLECTUAL PROPERTY

Unless otherwise indicated, the Collective owns the intellectual property related to the Services.

• (a) The Collective grants You a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sub-licensable licence to access and use the Services. This licence is for the sole purpose of letting You use and enjoy the Services in accordance with the Terms.
• (b) You must not copy, modify, distribute, sell or lease any part of the Services.
• (c) You must not reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or You have the Collective’s express written permission to do so.
• (d) You must not alter, conceal or remove any trademark, copyright, logo, Services mark or other proprietary rights notices accompanying or incorporated in the Content
• (e) You must not adapt, reproduce, modify, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
• (f) The Collective name and logo are trademarks of the Collective, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Collective. In addition, all page headers, custom graphics, button icons and scripts are Services marks; trademarks and/or trade dress of the Collective, and may not be copied, imitated or used, in whole or in part, without prior written permission from the Collective.

4. YOUR INTELLECTUAL PROPERTY

• (a) Any reproduction or redistribution of the Services or the Content is prohibited and may result in civil and criminal penalties. In addition, You must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
• (b) All other use, copying or reproduction of the Services, the Content or any part of it is prohibited, except to the extent permitted by law.
• (c) These Services are for Your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within the Services. You may not use the Services, or any of the Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
• (d) You acknowledge that the Collective may not always identify paid services, sponsored content or commercial communications as such.

5. WEBSITE MATERIAL NOT ADVICE

The Content, publications or information provided by the Collective are for Your information and interest only. They are not intended to be comprehensive, and they do not constitute and must not be relied on as advice.

While the Collective uses all reasonable attempts to ensure the accuracy and completeness of the information on the Services, to the extent permitted by law, including the Australian Consumer Law, the Collective makes no warranty regarding the information on the Services. You should monitor any changes to the information contained on the Services.

6. NO BUSINESS-CLIENT RELATIONSHIP

Your use of the Services or the receipt of any information from us or the Services is not intended to create nor does it create a business-client relationship between You and the Collective.

7. LIABILITY

• (a) Under no circumstances will Collective be liable for any act or omission by the Collective or contained within the Services.
• (b) Collective is not responsible to You or anyone else for any loss suffered in connection with the use of any of the Services. This includes, but is not limited to;

(i) the transmission of any computer virus;

(ii) Your access to or use of or inability to access or use the Services;

(iii) Your access to or use of or inability to access the Collective’s Content;

(iv) any action taken in connection with an investigation by the Collective or law enforcement authorities regarding Your or any other party’s use of the Service;

(v) any damage to any user’s computer, mobile device, or other equipment or technology

(vi) any errors or omissions in the Service’s operation;

(vii) the conduct or Content of other users or third parties on or through the Services; or

• (c) The Collective makes no warranties or representations about the Collective, the Services or any of the Content.
• (d) To the maximum extent permitted by law, the Collective will not be liable for any direct, indirect, incidental, economic, punitive, special or consequential loss whether express or implied. In no event will the Collective’s aggregate liability for all claims relating to the services exceed the greater of $100 AUD or the amount You paid the Collective, if any, in the last 12 months.

8. JURISDICTION

The Collective does not represent that it holds the authorisations and approvals required to provide the Services in all jurisdictions where the Services may be viewed or used. You must ensure that access to and use of the Collective and the Services is in accordance with the laws of Your jurisdiction.

9. EXCLUSIVE VENUE

To the extent the parties are permitted under these Terms to initiate litigation in a court, both You and the Collective agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the relevant court in Brisbane, Queensland, Australia. You and the Collective consent to the exclusive jurisdiction of these courts.

10. CHOICE OF LAW

The laws of Australia and Queensland govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

11. SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

12. ADDITIONAL TERMS FOR SPECIFIC SERVICES

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of Your agreement with us if You use those Services.

13. FINAL TERMS

• (a) These Terms make up the entire agreement between You and the Collective and supersede any prior agreements between You and the Collective.
• (b) These Terms do not create or confer any third-party beneficiary rights.
• (c) If we do not enforce a provision in these Terms, it will not be considered a waiver.
• (d) We reserve all rights not expressly granted to You.
• (e) You may not transfer any of Your rights or obligations under these Terms without our consent.
• (f) These Terms were written in English and if the translated version of these Terms conflicts with the English version, the English version will control; and
• (g) Collective publishes electronic addresses on this website to facilitate communication relating to our business functions. This is not to be inferred as consent by the Collective or the relevant addressees to receiving unsolicited commercial electronic messages or SPAM.