This website with URL address https://www.mindbodyfoodinstitute.com/ is owned and operated by MindBodyFood Institute, ABN 75 616 235 137.
The MindBodyFood Institute is a business that provides the following services and products but not limited to:
- Educational courses for professional certification & development, and personal growth,
- Specialist masterclasses and workshops,
- E-books, specialist coaching toolkits, practitioner resources, meditation and hypnosis audios,
- Informative articles on holistic education, nervous system regulation, neuroplasticity, and the science of wellbeing.
Please read these Terms and Conditions carefully, as together with our Privacy Policy it sets out your important rights and obligations in relation to:
- the use of this website
- all services and products purchased through the website, whether online or face to face.
Should you not agree with any of these terms and conditions, please do not use our website.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order of enrolment constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order enrolment has been accepted.
In this Agreement the following terms shall have the following meanings:
- The terms ‘us’ or ‘our’ or ‘we’ refers to the MindBodyFood Institute, the owner of the website, whose registered office is in Queensland, Australia. The term ‘you’ or ‘your’ refers to the website user.
- "Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
- "Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- "Facilities": means collectively any online facilities, tools, services or information that MindBodyFood Institute makes available through the Website either now or in the future;
- "Services": means the services available to you through this Website, specifically use of the MindBodyFood Institute proprietary e-learning platform;
- "Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
- "Premises": Means Our place(s) of business located in Highfields, Queensland, Australia;
- "System": means any online communications infrastructure that MindBodyFood Institute makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- "User" / "Users": means any third party that accesses the Website and is not employed by MindBodyFood Institute Ltd and acting in the course of their employment;
- "Website": means the website that you are currently using (courses.mindbodyfoodinstitute.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
- "We/Us/Our": means MindBodyFood Institute, a company incorporated in AUSTRALIA with Company registration Number ACN 616235137 , located at Po Box 466 HIGHFIELDS, QLD 4352.
1.1 When you visit this website and use our services or purchase our products you agree that you have read these Terms and all related documents and that you are willing to be bound them.
1.2 The content of this website is for your general information and use only. It is subject to change without prior notice.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
4.1 MindBodyFood Institute owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website.
4.2 Subject to the exceptions in Clause 4.4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of MindBodyFood Institute, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Australian and International intellectual property and other laws.
4.3 Subject to Clause 6 you may not reproduce, copy, distribute, store, modify, translate, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
4.4 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
4.5 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier. You must seek permission from the third party before using any of their content.
5.1 You may access, download, or print material from the website for your personal use only.
5.2 Sharing any intellectual property or copyright material from this website for commercial use of any sort, without permission is expressly prohibited.
5.3 You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
5.4 Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.
5.5 To obtain permission for non-personal, commercial or educational use please email courses@mindbodyfoodinstitute.com
6.1 As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.
6.2 You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.
6.3 You agree not to hack into areas of this website that are not intentionally made available to you.
6.4 You expressly agree not to:
- a. engage in any internal or external spamming, or other similar actions
- b. engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions
- c. decompile, reverse engineer, or try to copy or imitate this website or underlying content
- d. use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
- d. use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing)
- f. use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.
6.5 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.
6.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
6.7 Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
If you believe that there is material on our website that infringes third party intellectual property rights, please email courses@mindbodyfoodinstitute.com with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the MindBodyFood Institute website if appropriate.
This website may also, on occasion, include links to other websites. Unless expressly stated, these sites are not under the control of MindBodyFood Institute or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. We have no control over the nature, content and availability of those websites.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site courses.mindbodyfoodinstitute.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at courses@mindbodyfoodinstitute.com
11.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 11.1.1 You must not use obscene or vulgar language;
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11.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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11.1.3 You must not submit Content that is intended to promote or incite violence;
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11.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
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11.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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11.1.6 You must not impersonate other people, particularly employees and representatives of MindBodyFood Institute or Our affiliates; and
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11.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
11.2 You acknowledge that MindBodyFood Institute reserves the right to monitor any and all communications made to Us or using Our System.
11.3 You acknowledge that MindBodyFood Institute may retain copies of any and all communications made to Us or using Our System.
11.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
12.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
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12.1.1 all information you submit is accurate and truthful;
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12.1.2 you have permission to submit Payment Information where permission may be required; and
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12.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
12.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
12.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
12.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
13.1 Either MindBodyFood Institute or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
13.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence or continue.
14.1 Whilst every effort has been made to ensure that all general descriptions of Services available from MindBodyFood Institute correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.
14.2 Where appropriate, you may be required to select the required Plan of Services.
14.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
14.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
14.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
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14.5.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
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14.5.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
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14.5.3 Relevant times and dates for the provision of the Services;
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14.5.4 User credentials and relevant information for accessing those services.
15.1 MindBodyFood Institute makes every effort to maintain the security of the MindBodyFood Institute website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.
15.2 MindBodyFood Institute disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.
15.3 MindBodyFood Institute website is managed by third-party services, therefore, the website may be inaccessible from time to time.
Use of the Website is also governed by Our Privacy Policy (courses.mindbodyfoodinstitute.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
17.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
17.2 We may use your personal information to:
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17.2.1 Provide Our Services to you;
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17.2.2 Process your payment for the Services; and
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17.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
17.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
17.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
18.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
18.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18.5 You are solely responsible for any results you obtain as a result of using the information on this website.
18.6 You acknowledge and agree that no information or advice provided by us including that contained in videos, or any other information on this website in any way constitutes technical or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website.
18.7 This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
20.1 The Website is provided “as is” and on an “as available” basis. MindBodyFood Institute uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21.1 MindBodyFood Institute will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law (Competition and Consumer Regulations 2010).
21.2 Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
21.3 This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
22.1 You agree to indemnify and defend MindBodyFood Institute from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- a. your unauthorised use of this website or products or services included or advertised on this website
- b. your breach of these terms and conditions.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and MindBodyFood Institute.
24.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and MindBodyFood Institute as a result of this Agreement or use of this website.
We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
26.1 These Terms and Conditions and the relationship between you and MindBodyFood Institute shall be governed by and construed in accordance with the Laws of Australia and MindBodyFood Institute and you agree to submit to the exclusive jurisdiction and venue of courts within Australia in all disputes arising out of or relating to the use of this website.
26.2 You may provide notice to us through the contact us page or otherwise by email courses@mindbodyfoodinstitute.com.
26.3 MindBodyFood Institute may provide notice to you via email or other electronic means.
26.4 Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.
27.1 If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
27.2 These terms and conditions together with our Privacy Policy form the entire agreement between you and MindBodyFood Institute.
If you have any questions, please contact us directly. We endeavour to respond to all inquiries within three business days.
