Introduction
This document describes the Terms of Use for the Mindstate Learning Website and eLearning centre (mindstatelearning.com.au), owned and operated by Mindstate Psychology Pty Ltd (ACN 622 297 705).
A user is any individual who accesses, browsers or uses our Digital Services. A user does not have to hold an account with any Digital Services or be a client of Mindstate Psychology or Mindstate Learning.
Acceptable Use
As a user, you have a right to browse and interact with our website and other Digital Services, provided it is in accordance with these Terms of Use and does not contravene other legislation. The following actions are expressly prohibited:
- Any use that violates federal law, state law or other regulations is expressly prohibited.
- Users must not tamper or interfere with the regular operation of our Digital Services. This includes attempting to access restricted areas, bypass account verification, attacking the site through DoS, DDoS or other malicious means.
- Users are prohibited from reversing engineering our website or other Digital Services through the source code or other similar measures for any purpose, not limited to accessing unauthorised information or replicating the site.
- Users are similarly prohibited from using any content published on our Website or other Digital Services for personal or corporate gain (including publishing content on personal platforms without the written permission of Mindstate Psychology Pty Ltd and/or the copyright holder).
- Using Digital Services (such as the contact form or bookings systems) to harass, stalk or otherwise intimidate staff, practitioners or other users is prohibited.
- At no point should Users access, reproduce or distribute protected, confidential or copyrighted content without the owner and/or copyright holder’s approval.
Mindstate Psychology, trading as Mindstate Learning, reserves the right to limit or suspend access, refer criminal activity to the police or take legal action against any individual or entity violating these Terms of Use. Mindstate Psychology is not obligated to warn users prior to taking action when responding to a violation of these Terms of Use.
Acceptance of Terms
By using or browsing our Digital Services, including visiting our Website, you agree to be bound by these Terms of Use. Should you disagree with these Terms of Use for any reason, you must stop using our Digital Services immediately. These Terms apply to all users, not just our clients.
Furthermore, these Terms of Use do not replace, nor are they replaced by, any agreement or consent form that a client may sign with us before starting their tenure as a client.
Privacy
The protection of personal information is of paramount concern for Mindstate Psychology. Our Privacy Policy governs the collection and use of any individual’s information. By using our Digital Services, you agree to have any applicable information processed and stored in accordance with our Privacy Policy.
Copyright, Rights and Ownership
Unless otherwise specified, Mindstate Psychology Pty Ltd owns the rights to all content published on the Mindstate Learning Website. Excluding exemptions permissible under law, users cannot copy, publish, distribute, or otherwise reproduce any content without our written consent.
We expressly prohibit the redistribution, modification or reproduction of the content published to our Website for any commercial purpose or gain unless prior written consent is granted from Mindstate Psychology Pty Ltd and/or the copyright holder.
When content is generated by an individual user, that user remains the copyright holder. However, if a user chooses to submit that content to Mindstate Psychology as feedback or a suggestion, they waive any rights or claims to that content and its use by Mindstate Psychology.
To meet ethical, legal and professional obligations, Mindstate Psychology reserves the right to maintain a copy of any content submitted by an individual user, including in the form of enquiries or feedback.
Modifications
As the owner and operator of the Website, Mindstate Psychology Pty Ltd reserves the right to alter, add to, rephrase, suspend, remove, restrict, or otherwise modify any content published or functions enabled on the Website without the need to provide prior notice. This change could affect a paragraph, section, or the entire Mindstate Learning website. Furthermore, Mindstate Psychology does not maintain or publish a changelog.
Website Content, Maintenance and Customer Support
Features available through our Digital Services are provided as-is, with no guarantee for service reliability, functionality or ongoing support. Mindstate Learning maintains the features of these services on a best-effort basis, with no obligations to ensure functionality.
From time to time our digital services may contain links to other websites or services. These links are provided for convenience or to provide further information. They do not signify endorsement by Mindstate Psychology Pty Ltd. Mindstate Psychology is not responsible for the content of any linked website(s).
To the extent permissible under law, Mindstate Psychology and its directors, employees, practitioners and other agents cannot be held liable for any content published on our Website. Information on our Website is provided on an as-is basis. It is only guaranteed to be correct at the time of publication. Similarly, Mindstate Psychology cannot consider your specific circumstances, history, potential diagnosis(es) or financial situation. You should always seek the guidance of a qualified professional, such as a doctor or lawyer, before making decisions based on any information on our Website. Mindstate Psychology and its directors, employees, practitioners and other agents cannot be held liable for any action (or inaction) taken based off the content published to our Website.
Cookies
The Mindstate Learning Website uses Cookies to provide functionality and for analytics purposes. The use of cookies, including how you can opt out, is explained in our cookie policy.
User Accounts
Users can create accounts on our website to access gated content, purchase content, make bookings, and perform other similar functions.
Users are individually responsible for their accounts. Users must ensure that the information they provide (such as email addresses or phone numbers) is up-to-date and accurate. Any user violating these Terms of Use may have their account limited or suspended without warning and may face legal action in accordance with these Terms of Use.
Jurisdiction
Mindstate Psychology Pty Ltd operates in Western Australia and is governed by this jurisdiction. By using our Digital Services, you irrevocably agree that either the Western Australian Courts or Federal Courts of Australia have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim arising out of or in connection with this agreement, including any question regarding its existence, validity, formation, or termination.
Changes to these Terms
Mindstate Psychology Pty Ltd reserves the right to update this Policy periodically, and without prior notice to you, to reflect changes either within our practice or in accordance with relevant laws. Any changes to the Policy will become effective upon publishing the updated version to the Mindstate Learning website. If we make any material changes to this Policy, we will endeavour to notify you, either directly by email or indirectly by placing a prominent notice on our Website and/or in our practice, but we will not be liable for any failure to do so. Continuing to access the Mindstate Learning website after an updated version of this Policy is published constitutes as acceptance of the revised Policy.
Contacting Mindstate Learning
Mindstate Learning can be contacted by:
- Sending an email to: connect@mindstatelearning.com.au
- Sending a letter to: PO Box 393, South Perth 6951
The most up-to-date contact details are available on the Mindstate Psychology website at http://www.mindstatelearning.com.au/contact.
