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Terms and Conditions

Effective date: 16/02/2022

Introduction

Welcome to Mindfulness United Pty Ltd ABN 96 624 469 772 (Mindfulness United, Company, we, our, or us)! As you have just clicked to our Website Terms and Conditions (Terms), please make a pause, grab a cup of coffee and carefully read the following pages. It will take you 15-20 minutes.

These Terms govern your use of our website located at https://www.mindfulness.com/ and our mobile application Mindfulness.com (together or individually Service), both operated by us.

By accessing or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy, available here: https://www.mindfulness.com/privacy-policy  (together, the Agreements). Our Privacy Policy explains how we collect, safeguard and disclose personal information that results from your use of our Service.

You acknowledge that you have read and understood Agreements, and agree to be bound of them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@mindfulness.com so we can try to find a solution. The Agreements apply to all visitors, users and others who wish to access or use Service. In the Agreements, we, our, or us means Mindfulness United and any related bodies corporate.

Thank you for being responsible.

Account Registration and Communications

By creating an account on our Service you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

When creating an account on our Service, you provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy https://www.mindfulness.com/privacy-policy.  By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel accounts and orders in our sole discretion.

Minors

If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

  • exercise supervision over the Minor's use of our website and account;
  • assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
  • ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
  • assume liabilities resulting from the Minor's use of our website and their account;
  • ensure the accuracy and truthfulness of all information submitted by the Minor; and
  • provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf. Even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

Purchases

If you wish to purchase any product or service made available through Service (Purchase), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act 2010 and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulations 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, Promotions) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Subscriptions

Some parts of Service are billed on a subscription basis (Subscription(s)). You will be billed in advance on a recurring and periodic basis (Billing Cycle). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Mindfulness United cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Mindfulness United customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You will provide Mindfulness United with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Mindfulness United Pty Ltd to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Mindfulness United will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Mindfulness United may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (Free Trial).

You may be required to enter your billing information in order to sign up for Free Trial. If you do enter your billing information when signing up for Free Trial, you will not be charged by Mindfulness United Pty Ltd until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Mindfulness United reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Mindfulness United, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Mindfulness United will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Cancellations & Refunds

Our Annual and Lifetime Subscription plans are offered with a 30-day money back guarantee, which entitles you to a full refund upon cancellation. The refund process depends on where you purchased your subscription. Subscriptions to Mindfulness.com are sold through the Mindfulness.com website, Apple's App Store, and Google Play. If you're unsure how you purchased your subscription please contact us at support@mindfulness.com.

If you purchased your subscription directly through our website or through Google Play please email us at support@mindfulness.com to request a refund. Such refund requests must be made within the first 30 calendar days from your first date of payment. You are entitled to one refund only. If your purchase was made through Google Play please include a copy of your purchase receipt or your Google Play Order Number (begins with GPA) along with your refund request.

After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Annual Subscription or Subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. Apple manages all billing and refunds for in-app purchases. For your privacy, Apple doesn't allow us to request refunds, process refunds or manage your App Store account in any way. If you run into any issues, please, contact us at support@mindfulness.com and include your Apple Order ID.

Outside of a 30-day guarantee window, you may cancel an Annual or Lifetime Subscription at any time. Cancellation is effective at the end of the applicable annual period.

Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You must not do any act that we would deem to be inappropriate, unlawful or that is prohibited by any laws applicable to our website, including but not limited to:

  1. any act that would constitute a breach of privacy (including uploading private or personal information without an individual's consent) or any other legal rights of individuals;
  2. any act that violates any applicable national or international law or regulation;
  3. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
  4. transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
  5. defame or libel, or to impersonate or attempt to impersonate, Company, a Company employee, another user, or any other person or entity;
  6. posting or transmitting any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;
  7. any act that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; and
  8. engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

  1. use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service;
  2. use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service;
  3. use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent;
  4. use any device, software, or routine that interferes with the proper working of Service;
  5. upload files that contain viruses that may cause damage to our property or the property of other individuals, or introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  6. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service;
  7. attack Service via a denial-of-service attack or a distributed denial-of-service attack;
  8. take any action that may damage or falsify Company rating; and
  9. otherwise attempt to interfere with the proper working of Service.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en We also encourage you to review Google's policy for safeguarding your data.

Mixpanel

Mixpanel is provided by Mixpanel Inc. You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/.  For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/.

Information

The information on our website is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

Accuracy

We may, from time to time and without notice, change or add to the website, including the Agreements, and the Services. We do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Intellectual Property

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 this website and in all of the material (including all text, graphics, logos, audio, video and software) made available on this website (Content). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content.

We grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors. Any other use, copying, reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. You must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. You must not distribute, modify, transmit, reuse, download, repost, copy, or use the Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Service and its content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Mindfulness United and its licensors. Service is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without the prior written consent of Mindfulness United.

No commercial use

The website and Content is 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 this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (Infringement) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@mindfulness.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at support@mindfulness.com

Error Reporting and Feedback

You may provide us either directly at support@mindfulness.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (Feedback). You acknowledge and agree that: (i) you will not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include the following:

Sentry

Sentry is an open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/

AppsFlyer

AppsFlyer is an open platform providing insights across channels, platforms and devices. More details can be found here: https://www.appsflyer.com/

Segment

Segment is an event monitoring and analytics service. More details can be found here: https://segment.com/

Intercom

Intercom is a customer communications platform. More details can be found here: https://www.intercom.com/

Branch

Branch is a mobile linking platform that improves user experience and measures campaign performance across different devices, platforms, and channels. More details can be found here: https://branch.io/

Firebase

Backed by Google, Firebase optimizes your app experience by solving complex challenges. Find out more here: https://firebase.google.com/

FacebookSDK

FacebookSDK allows for iOS and Android app integration and monitoring of activity and ad campaigns. Learn more here:

https://developers.facebook.com/docs/android/

https://developers.facebook.com/docs/ios/

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Mindfulness United.

Mindfulness United has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Mindfulness United will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. Please read the terms of service and privacy policies of any third party web sites or services that you visit.

Health Disclaimer

Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare professional with any questions you may have regarding your physical or mental health. Never disregard the advice of a medical professional, or delay in seeking it because of content you have read, heard or watched as part of this Service. Any Content concerning or related to physical or mental health that you may find in the Service describes only general principles of broad scope, is not specific to you as an individual and does not take into account your personal circumstances, and may not be appropriate or relevant to your personal situation. Content in the Service is not intended to be used to diagnose, treat, cure, or prevent any medical conditions and is not a substitute for consulting with your personal healthcare professionals. If you have any concerns or questions about your physical or mental health, please consult your own healthcare professionals. Reliance on any information provided through the Service is solely at your own risk.

Warranties and disclaimers

These Services are provided by Company on an “as is” and “as available” basis. You expressly agree that your use of these Services, Content, and any products or services obtained from us is at your sole risk.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, express or implied, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

Without limiting the foregoing, neither Mindfulness United nor anyone associated with Mindfulness United represents or warrants that the services, their content, or any services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations. Mindfulness United disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, non-infringement, and fitness for particular purpose.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Limitation Of Liability

To the maximum extent permitted by law, including the Australian Consumer Law, we are not liable to you or anyone else for any direct and indirect loss, damage or expense which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of interference with or damage to your computer systems in connection with the use of this website or a linked website, or as a result of the inaccessibility of this website and/or if information or materials contained on it are incorrect, incomplete or not up-to-date.

You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Jurisdiction and Governing Law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. Services are provided on an “as-is” and “As available” basis, and we assume no responsibility for the scheduling, deletion, mis-delivery or failure of the services or display of any content, user communications or personalization settings. You are solely responsible for any damage to your mobile device or loss of data that results from use of the Service.

Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the website. We reserve the right to discontinue or change the Service in any way and at any time, with or without notice to you, without liability.

Amendments to Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Waiver and Severability

No waiver by Company of any term or condition set forth in Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms will not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Competition Terms and Conditions

For terms and conditions specific to promotions, please visit: https://www.mindfulness.com/terms-of-service-competition. Additional terms and conditions may apply. If you want to participate in a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest.  In case of any inconsistency between these Terms, and the competition terms, the competition terms will prevail for competitions.

Acknowledgement

By using the Service or other services provided by us, you acknowledge that you have read the Agreements and agree to be bound by them.

Contact Us

Please send your feedback, comments, and requests for technical support:

By email: support@mindfulness.com.

By visiting this page on our website: www.mindfulness.com/contact.

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