Terms of Service

 

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

Privacy Policy

Please refer to Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Eligibility

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.

Registration and Your Information

If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Using the Services

You understand and agree that the Services are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.  Not all activities described on the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Service.

Fees

Mindsettle offers Services which you can purchase as a monthly or annual subscription (“Subscription”). The amounts due and payable by you for a Subscription that you purchase through the Services will be presented to you before you place your order.  If you choose to purchase a Subscription via the Services, you agree (a) to pay the applicable fees and any taxes; (b) that Mindsettle may charge your credit card for verification, pre-authorisation and payment purposes and bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.  You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Mindsettle until accepted and confirmed by Mindsettle. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription

All amounts are payable and charged at the time you place your order at the beginning of the monthly or annual subscription period and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel. You must cancel your subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at mindsettle@gmail.com.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Mindsettle.

Mindsettle reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Mindsettle deems appropriate in its sole discretion. Mindsettle also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. Mindsettle will either not charge you or refund the charges for orders that we do not process or cancel.

Changes to Price Terms

Mindsettle reserves the right to change its pricing terms for Subscriptions at any time and Mindsettle will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Mindsettle’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Mindsettle regarding future functionality or features.

Content and Content Rights

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

Content Ownership

Mindsettle exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trade mark, and other laws of Australia. You agree not to remove, alter or obscure any copyright, trade mark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

 

Rights in Content Granted by Mindsettle

Subject to your compliance with these Terms, Mindsettle grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Where the service is for a commercial application the subscription will entitle them to publicly display the content in their waiting rooms, treatment rooms, hospital wards, patient rooms, classrooms, patient lounge or reception area as agreed with Mindsettle.

 

Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trade mark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

  • Use, display, mirror or frame the Services, or any individual element within the Services, Mindsettle’s name, any Mindsettle trade mark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mindsettle’s express written consent;

  • Access, tamper with, or use non-public areas of the Services, Mindsettle’s computer systems, or the technical delivery systems of Mindsettle’s providers;

  • Attempt to probe, scan, or test the vulnerability of any Mindsettle system or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mindsettle or any of Mindsettle’s providers or any other third party (including another user) to protect the Services;

  • Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Mindsettle or other generally available third party web browsers;

  • Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing a Mindsettle trade mark, logo URL or product name without Minsettle’s express written consent;

  • Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services  may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at mindsettle@gmail.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The services and content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Indemnity

You will indemnify and hold harmless Mindsettle and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

Limitation of Liability

Neither Mindsettle nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Mindsettle has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Mindsettle’s total liability arising out of or in connection with these terms or from the use of or inability to use the services or content exceed the amounts you have paid to Mindsettle for use of the services or content or fifty dollars ($50), if you have not had any payment obligations to Mindsettle, as applicable.

Refund Policy

If you are of the opinion that the services you have purchased do not fit the description as set out in this website, Mindsettle may consider a refund, as a credit, is appropriate in its absolute discretion.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Mindsettle and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mindsettle and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Mindsettle’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mindsettle may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure the client to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Mindsettle under these Terms, including those regarding modifications to these Terms, will be given: (i) by Mindsettle via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Mindsettle’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Mindsettle. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Mindsettle at mindsettle@gmail.com.

Mindsettle acknowledges the traditional owners of the land we operate on across Australia and reminds people that we are on Aboriginal land. Mindsettle also acknowledges the Elders and in particular those visiting this website.