1. This website is owned and operated by MindFit Lab Pty Ltd ACN 636 795 723 trading as MindFit Lab (“MindFit Lab”, “we”).
  2. When you use this MindFit Lab website (“website”), any self-help course (“course”) or other information and resources on it or linked to it (“resources”), you do so strictly in accordance with these Terms and Conditions and subject to our Privacy Policy.
  3. If you purchase any products or goods (“goods”) advertised for sale on this website, you do so strictly in accordance with these Terms and Conditions and in particular the provisions of clause 17. The purchase of goods is included within the meaning of the use of resources in clause 2.
  4. If you become a member of MindFit Lab, undertake any course or use any resources on the website, you are deemed to have accepted and agreed to all of these Terms and Conditions and our Privacy Policy and you should therefore ensure that you have read and understood their meaning and effect.
  5. These Terms and Conditions and our Privacy Policy may be changed at any time without notice to you. The changed version will be posted on our website and you should check prior to using any of the courses or other resources. By such use you will be deemed to have accepted the changes.
  6. Our courses and resources do not provide nor constitute any form of medical or psychological assessment, diagnosis, treatment or advice and they are not intended as a substitute for professional assistance for clinical and non-clinical levels of medical conditions or mental health issues and disorders such as those specified in the most current version of the Diagnostic and Statistical Manual of Mental Disorders (“DSM”) or otherwise. Use of our courses and resources will not provide an assessment, diagnosis or clinical treatment of such mental health issues and disorders and if you are suffering from these, you should seek advice and treatment from a mental health professional or medical practitioner.
  7. If you feel you may be at risk of harming yourself or someone else or have been harming yourself or someone else you should immediately seek urgent medical assistance from a mental health professional, a medical practitioner, local hospital emergency department or by calling police or ambulance on 000 (if in Australia) or other emergency number for your jurisdiction or country.
  8. Because our courses are for informational, educational and self-help purposes only, we do not claim or warrant that they will be helpful for any individual in relation to their mental health or medical health. If we provide you with feedback, progress reports or similar, these are for information and entertainment purposes only and do not constitute professional advice, diagnosis or treatment. We do not monitor, assess or give any advice based on your interaction with the website or data you provide and any response is only given as a result of the functionality of the courses and resources and not as a result of any professional assessment.
  9. Because we are only providing self-help and other similar resources and we are not engaged in assessment, diagnosis and clinical treatment, we expressly disclaim all liability for any claims, losses, damages (of any nature) and costs you or any other person claim to have incurred through the use of the website, the courses, the resources or in any other way related to them including any action, decision or inaction of any nature. You agree to indemnify us against any such claims, losses, damages and costs in the future.
  10. We do not warrant that the website, the courses and resources will always be fully functional or available or that they will be uninterrupted, error-free and free of all forms of viruses and any other form of malicious software, including spyware and ransomware, designed to obtain access to and damage your computer system and we accept no liability for any direct or indirect damage which might arise from such causes.
  11. Subject to clause 18, if there is a breach of any warranties applicable to the resources on the website, in all cases our liability is limited to the resupply of services or reimbursement of relevant membership or course fees and charges.
  12. All of our courses and resources have been developed and written by professional clinical psychologists in Australia, are for individual self-help, educational and information purposes only and are expressly not for use as clinical tools, assessment, diagnosis or treatment or any other form of medical or psychological service. We cannot warrant that the content of the website is or will in the future be free of errors, up-to-date and suitable for purpose.
  13. When you use the website you acknowledge that all of the contents, software, materials and documents on it and logos, illustrations and trade marks (“content”) are our property or subject to third-party licences and governed by the laws relating to intellectual property. You agree not to use or deal with any content in any manner other than strictly for the purpose of personally undertaking a course, using the resources, or as authorised in writing by us and you will not copy, reproduce, distribute, publish or use any part of the content without our authority or as permitted at law.
  14. If we provide links to external websites or other internet resources, you acknowledge that we give no warranty and accept no liability as to the content of any linked site or resource and the link is provided for your information only if you choose to open it and then at your own risk. Any views, advice or information contained in such sites may not be those of MindFit Lab.
  15. You agree that you will not post or upload any content to the website or related social media which we consider, in our absolute discretion –
    • is or tends to be defamatory, abusive or offensive to any person;
    • contains threats to any person;
    • is inappropriate, offensive or unlawful;
    • encourages, contains or depicts obscenity, indecency, pornography, child pornography and exploitation or inappropriate use of alcohol and drugs;
    • may tend to cause harm to any person with mental health issues or a mental health disorder or other medical condition;
    • contains computer malicious software, including spyware and ransomware, designed to obtain access to and damage your computer system;
    • may infringe our rights or the rights of any other person;
and we reserve the right to take all steps we consider necessary to prevent or rectify any such actions and you agree to indemnify us against any claim, loss, damages (of any nature) and costs incurred by us or any other party arising out of your actions.
  1. We reserve the right to suspend or cancel your membership of MindFit Lab or your right to undertake any course or use the resources and otherwise block your access to the website if we, in our absolute discretion, form the view that you are in breach of these Terms and Conditions or have permitted or aided such a breach.
  2. Subject to clause 18, if you purchase goods from or through us, the following conditions apply –
    • orders placed by you are subject to our acceptance;
    • you must review your order before placing it as once it has been accepted, you are unable to cancel or change it;
    • usually we act as independent resellers of the goods and have no other legal relationship with the manufacturers. We may also provide a link to manufacturers in which case you will enter into a direct purchase agreement with them and we have no liability in relation thereto;
    • we will endeavour to arrange delivery of goods you have ordered from us to the address provided by you within a reasonable time and we are authorised to leave the goods at that address if no-one is in attendance;
    • we are not responsible for delivery by manufacturers using their own shipping and distribution networks;
    • our returns policy is as follows –
      • if you purchase the goods from us, you may only return them and seek a refund or replacement if the goods are defective or not fit for their advertised purpose;
      • if we discover that the goods are not defective or are fit for purpose, we will return them to you at your cost;
      • if we replace the goods we will send them to you at our cost;
      • if you purchase goods directly from the manufacturer, you must check with them about their returns policies as we are not responsible for handling or processing those returns;
    • we do not provide any warranties or guarantees of performance or quality other than as legally required however some manufacturers may provide warranties in addition to mandatory statutory product guarantees;
    • we provide no advice about or endorsement of any goods other than as appears on the website and give no warranty as to their use, composition, performance, suitability for you, possible adverse reactions or undesired results. Unless stated to the contrary, all information about such goods has been solely provided by the manufacturer.
  3. All of these Terms and Conditions including any limitation of liability are subject to the provisions of the Australian Consumer Law as follows –
    • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
      • to cancel your service contract with us; and
      • to a refund for the unused portion, or to compensation for its reduced value.
    • You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
  4. Reference to the terms “website”, “courses” and “resources” includes any of our social media accounts, other internet sites and resources directly or indirectly linked to or providing resources related to the website or MindFit Lab and these Terms and Conditions apply similarly to your use of them.
  5. These Terms and Conditions and use of this website are governed by the laws of the State of Queensland, Australia and are primarily intended for people subject to Australian law. Queensland and Australian Courts have exclusive jurisdiction in relation to any such matter. If you are a foreign person, your local laws may differ and we take no responsibility in that regard.
Last updated 11 October 2019. © MindFit Lab Pty Ltd 2019