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.
MINDVISION PTY LTD operates mindinfusions.com.au (hereinafter referred to as “Website”).
The terms “we”, “us” and “our” hereunder shall refer to MINDVISION PTY LTD.
It is our policy to respect your privacy regarding information that we may collect while operating our Website.
1. WHAT WE DO WITH YOUR INFORMATION
When you make a purchase through our Website, as part of the sales process, we collect the personal information you give us such as your name, address and email address.
When you browse our Website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
With your permission, we may send you emails about our Website, new products and other updates.
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for delivery or return a purchase, you are presumed to have consented to our collecting and using said information by us for that specific reason only.
If we ask for your personal information for a secondary reason, such as marketing, we will either ask you directly for your express consent, or provide you with an opportunity to refuse.
After you opt-in, you can change your mind at any time, by contacting us to withdraw your consent of contacting you for continued collection, use or disclosure of your information.
3. DISCLOSURE OF PERSONAL INFORMATION
We will not rent or sell personal information to anyone. We do not disclose personal information; however, we may disclose your personal information to comply with any court order, law or legal process, including to respond to any government or regulatory request, or if you violate our Terms of Service, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MINDVISION PTY LTD, its customers or others. Website visitors can always refuse to supply personal information to us.
4. THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in place in respect of the information we are required to provide them for your purchase-related transactions.
We recommend that you read the third-party service providers’ respective privacy policies so that you are aware of the manner in which your personal information is handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
5. THIRD-PARTY LINKS
When you click on links on our Website, they may direct you away from the Website; we are NOT responsible for the privacy practices of other websites and thus encourage you to read their privacy statements. Once you leave our Website or are redirected to a third-party website, you are no longer governed by our Terms of Service.
To protect your personal information, we take reasonable precautions to ensure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is protected with industry standard security including encryption, SSL secure, and is PCI compliant.
7. AGE OF CONSENT
By using this Website, you declare that: 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 us your consent to allow any of your minor dependents use of this Website.
If our Website as a store is acquired or merged with another company, your information may be transferred to the new owner(s) so that we may continue to sell products to you.
9. CONTACT INFORMATION
If you would like to access, correct, amend or delete any personal information, or if you wish to file a complaint, please use our Contact Form.
By purchasing and using the Product, you agree to be bound by this User Agreement.
Mindinfusions Therapy Sessions (“Product”) refer to the CD(s) or downloadable file(s) which contain audio recordings as well as accompanying documentation and other proprietary material that belong to MINDVISION PTY LTD (“MINDVISION”). Use of the Product is subject to this User Agreement (“Agreement”), which is a legal agreement between you and MINDVISION. Under this Agreement, MINDVISION grants to you a non-exclusive, non-transferable license to use the Product solely in accordance with the terms and conditions of this Agreement.
1. You may use the Product solely for personal non-commercial purposes. Copying of the Product is permitted for personal backup or archival purposes only.
2. You shall not:
(1) Allow anyone but yourself to be exposed to this Product during use;
(2) Reproduce, duplicate, modify, adapt, reverse engineer, decompile, translate or otherwise tamper with the Product, in whole or in part, or develop any derivative works thereof;
(3) Sell, distribute, license, sublicense, lend, rent, lease, export or otherwise transfer the Product, in whole or in part, to others;
(4) Broadcast, stream online, publicly perform, upload, share or otherwise use the Product outside the scope of personal non-commercial use, in whole or in part; or
(5) Allow or enable others to use the Product to perform or attempt to perform any of the prohibited acts referred to in (1) through (4) above.
Performance of any of the aforementioned prohibited acts shall automatically result in the termination of your license.
3. The Product is protected by copyright. MINDVISION retains all title and ownership of the audio recordings as well as accompanying documentation and other proprietary material on the CD(s) or downloadable file(s), and any and all copies thereof, regardless of form or media. You may be held legally responsible for any copyright infringement that is caused by your failure to abide by the terms of this Agreement.
4. The use of the Product shall be solely at your own risk. MINDVISION shall not be responsible for misuse of the Product. The Product is provided “as is” and without warranty of any kind, and MINDVISION explicitly disclaims all warranties, express or implied, including but not limited to the implied warranties of title, merchantability, non-infringement and fitness for a particular purpose, to the fullest extent permitted by law.
To the extent permitted by law, MINDVISION does not warrant that the Product will meet your requirements or that any defects in the Product will be corrected. To the full extent permitted by law, you agree to indemnify and hold harmless MINDVISION, its Directors, officers, employees, owners, agents, representatives, etc. against any liabilities, penalties, demands or claims arising out of the use of the Product. To the extent permitted by law, in no event will MINDVISION be liable to you or any other person or entity for any damages of any kind or nature, whether arising in contract, tort or otherwise, including but not limited to, any lost profits, lost savings or other indirect, incidental, consequential, special or exemplary damages arising out of the use of the Product, even if such damages are foreseeable or if MINDVISION has been advised of the possibility of such damages. In any event, any liability of MINDVISION out of or in connection with this Agreement or your use of the Product shall not exceed the amount paid by you to MINDVISION for the Product.
5. No oral or written information or advice given by MINDVISION or its authorized representative(s) shall create or constitute a warranty in any way.
6. This Product is not intended for use in the diagnosis, cure, treatment, or prevention of disease or any other medical or mental health condition. You shall seek expert advice from a competent medical professional in regards to the suitability and safety of the Product for you.
7. This Agreement will terminate immediately without notice from MINDVISION if you fail to comply with any provision of this Agreement. Upon termination, you shall destroy the Product and all copies thereof.
8. This Agreement shall be governed by and interpreted in accordance with the laws of New South Wales, Australia. Any disputes relating to this Agreement shall be resolved by a court of competent jurisdiction within New South Wales, Australia. If any provision of this Agreement is found to be unenforceable for any reason, it shall be deemed severable from this Agreement, and shall in no way affect the enforceability of the remaining provisions of this Agreement.
9. Non-exercise by MINDVISION of its right(s) shall in no way constitute a future waiver of such right(s) or of any of the provisions of this Agreement.
10. This Agreement constitutes the entire agreement on the Product between you and MINDVISION and supersedes all prior agreements, understandings and proposals (whether written or oral) relating to the Product.
This Refund, Return & Replacement Policy applies only to products branded “Mindinfusions Therapy Sessions” purchased from mindinfusions.com.au.
We want you to be completely satisfied with your purchase. We therefore recommend you read our Refund, Return & Replacement Policy before you make a purchase from us, so you are familiar with our policy on refunds, returns and replacements.
We also recommend you immediately inspect any products that you have purchased from us, whether in downloadable file format or CD format.
* The information in this Refund, Return & Replacement Policy is subject to, and/or in addition to, any other legal rights you may have under legislation of New South Wales, Australia.
Change of Mind
Please choose carefully as refunds are NOT provided in cases where you have simply changed your mind or made a wrong selection. We recommend you carefully review any orders before adding them to your shopping cart and proceeding with your order.
Mindinfusions Therapy Sessions purchased in CD format (“CDs”)
Any CDs purchased by you are NOT refundable. However, in the unlikely event that the CDs are defective, do not match the description given or do not comply with other consumer guarantees imposed by law, please Contact Us within ninety (90) days of receiving the CDs; we will arrange to have them returned to us (in the condition received by you with all original packaging and manuals) and provide you with appropriate replacement CDs, or refund the amount paid by the method of payment you used to make your online purchase, subject to approval after inspection and confirmation of the returned CDs.
Once ninety (90) days have elapsed, unfortunately we will not be able to offer you a replacement or refund.
To cancel orders for any CDs, please Contact Us as soon as possible. Every effort will be made to accommodate the cancellation of your order, provided that your order has not been shipped out; we will refund the total merchandise amount minus handling charges (i.e., 10% of the total merchandise amount).
If we receive your cancellation request after your order has already been charged and shipped, but your cancellation request is received within seven (7) days of the placement of your order, we will refund the total merchandise amount minus handling charges (i.e., 10% of the total merchandise amount), once we have received the returned CDs in the same condition as they were shipped (i.e., in their original packaging, wrapped, unopened and unused; to receive the product in any other condition will null and void your cancellation request). You will be responsible for paying for your own shipping costs for returning the CDs to us. Shipping costs are non-refundable.
[Mailing address for returns]
MINDVISION PTY LTD
PO BOX 851 Turramurra, Sydney, NSW 2000, Australia