WEBSITE & SALES TERMS & CONDITIONS
Welcome to our website!
This website (located at www.ammindyourbody.com.au) is owned and operated by Annemarie Menne trading as AM Mind Your Body (ABN 38 957 138 375) (“AM Mind Your Body”, “we”, “us”). Should you continue to use this website, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Disclaimer which, together with our Privacy Policy, govern our relationship with you in connection with this website.
Please note that further terms and conditions govern the purchase of any goods and services described on our website. Please refer to our Terms and Conditions of Sale.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use.
1. Use of our website
The content of this website is for your general information and use only and is subject to change without prior notice.
You can only ever use our website for lawful purposes (such as researching our goods and services or contacting us) in a manner consistent with the nature and purpose of the website, and in a way that doesn’t impact on anyone else’s use and enjoyment of the website. We have a zero-tolerance policy for users who conduct themselves unlawfully or encourage such conduct, who post any defamatory, obscene, offensive or scandalous material, harass or cause distress or inconvenience to any person, or disrupt the website. We reserve the right to ban any users who engage in such behaviour.
You’re not permitted to change, add to, remove, deface, hack or otherwise interfere with our website or any material or content displayed on the website, or attempt to do any of those things. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
2. ACCURACY OF INFORMATION
The material on this website is for general information purposes only. Whilst we have exercised due care in ensuring the accuracy of the material contained on this website, the information is not specific, nor does it consider your personal circumstances. We do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
The information on this website may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the information may become out-of-date. We undertake no obligation to update any information on the site; however, we may update the information at any time without notice in our sole and absolute discretion. We reserve the right to make alterations or deletions to the information at any time without notice.
Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Every effort is made to keep the website up and running smoothly. However, ammindyourbody.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
3. Intellectual property
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.
Unless we say otherwise, all rights (including copyright) on the website are owned or controlled by us and are reserved by us.
Any reproduction of the website or website content is prohibited other than in accordance with these terms.
All designs, trademarks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.
As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device's cache memory and to print pages from the website for your own personal and non-commercial use.
Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the website will transfer any intellectual property or associated rights.
If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.
4. NO MEDICAL, PERSONAL OR PROFESSIONAL ADVICE
The information shared on this website and on any and all affiliated social media channels is of general nature and may not be applicable or appropriate for your particular situation, so as with anything you find on the internet, please be discerning, and if in doubt, consult with your personal doctor or health professional.
Your use of the information we provide on this site is solely at your own risk and you should always consult a suitably qualified health professional before implementing any tools or techniques for your health. You are responsible for consulting a medical professional before using any of the information or materials contained on or accessed through our website, before commencing any new regimes, making alterations to your lifestyle, or taking any course of action that may directly or indirectly affect your health or well-being.
Nothing contained in this site is intended to be used or treated as medical advice and it is not intended to be used to diagnose, treat, cure, or prevent any condition nor should it be used for therapeutic purposes or as a substitute for your own health professional’s advice.
Information on this website may not be appropriate if you are currently experiencing symptoms of anxiety and/or depression that are significantly interfering with your life, so if you have been feeling distressed, anxious, or persistently low, down, or depressed, please promptly seek treatment and contact your local GP or health care provider, and do not delay doing so because of something you read on this site. It is so important to get the appropriate help!
IF YOU ARE SUICIDAL OR AT RISK OF HARMING YOURSELF OR OTHERS CALL:
A. 000 for emergency assistance.
B. 13 11 14 for Lifeline – a free and confidential crisis support service.
C. your local emergency number if you are outside of Australia.
5. SERVICES & PRODUCT ENGAGEMENT
‘Services’ and ‘Products’ include any online materials, programs, webinars, products and all goods and services that may be accessed on or through our website.
In engaging our Services and Products, you agree you are at all times responsible for your own physical health and emotional well-being. We recommend that any pre-existing condition be treated by a suitable medical professional and that any information provided by the Services is not to be relied on in substitution.
You take full responsibility and risk for making any decision based on information on our website or in using our Services and Products. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained on this website and all such liabilities are expressly disclaimed.
6. e-Commerce
While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.
7. Payment
You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
We currently accept payments by credit card and Paypal.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit provider (such as PayPal, AfterPay or ZipPay), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our website, please contact them directly.
8. Events beyond control
As in life, sometimes circumstances beyond our control (including but not limited to extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way.
If circumstances we can’t control affect our ability to fulfill your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
9. Intellectual property
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
10. Dispute resolution
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, and efficiently.
11. Submissions
We maintain a blog on our website to keep you up to date with the latest in the area of mind and body, psychology, neuroscience, mindfulness, and mindful movement. As a website user, we may give you the opportunity to comment on our blog posts. Please note that we regularly screen and review blog comments. We reserve the right to remove comments that we consider may not align with our brand values. You are expressly prohibited from posting any comment or content that is defamatory, offensive or otherwise inappropriate. You warrant that all information that you submit to us via our website is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.
We may also feature guest bloggers from time to time. We want you to know that we don’t necessarily endorse or support any views, opinions, standards or information expressed in guest blogs and/or the comments section of our blog.
If you find something offensive or inappropriate, please don’t hesitate to get in touch with us and we’ll review the material to see whether it should be removed.
12. Links to our website
If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our website, we may impose certain terms or conditions.
If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may ask you to remove the link. Refusal will constitute a breach of these terms.
13. Links from our website to other websites
We may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards, or information expressed on them. We have no control over the nature, content, and availability of those websites. For your own safety, please make sure you check the protocols and standards of the linked sites before using them.
14. WEBSITE COOKIE USE
This website uses cookies, which is a small software application allowing a website to recognise a previous user, and to observe how a user navigates within a website. The primary purpose for using cookies on this website is to track the numbers of people accessing our website and to improve the website experience. Web browsers can be configured to reject cookies.
15. Privacy
We take your privacy seriously. All information we collect through your use of the website and how we use and disclose it is set out in our Privacy Policy, which is available on our website.
16. POSTING GUIDELINES
This website is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author(s) in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse, and copy the information contained therein.
You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses, or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting or posting content on our website, you grant us the right to remove any content or comment that, in our sole judgment, does not comply with our terms and conditions or our values. We reserve the right to modify, adapt, and edit any content.
17. Disclaimer and indemnity
Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
Apart from that to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or these terms (including as a result of not being able to use the website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.
We make the website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided "as is" and "as available" – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage you might suffer because of:
· failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the website;
· unsuitable or out of date information on the website (including third party material and advertisements on the website);
· you or any other person acting or not acting on any information;
· personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website.
· any unauthorised access to or use of information or data, including personal and financial information, collected by us;
· any interruption of transmission to or from the website.
· any unauthorised access to or use of information or data, including personal and financial information, collected by us.
· any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites.
· costs incurred by you in using the website; and
· links which are provided for your convenience.
It is your own responsibility to ensure that any services or information available through this website meet your specific requirements.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
18. Changes to terms
If we decide to change these terms (and we can do so at any time), we’ll post a copy of our revised terms on our website. Changes to the terms will take effect immediately on being published on the website. Your continued use of the website indicates your acceptance of the revised terms.
19. Severance
If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force.
20. No affiliation
Our website is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google, nor is it endorsed by or affiliated with any of those websites or their owners in any way.
21. Termination
The agreement between us constituted by your use of the website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the website.
22. Jurisdiction
As we are based in South Australia, , these terms will be governed by the laws of South Australia. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of South Australia and courts of appeal from them.
This document was last updated: 7/01/2024