TERMS & CONDITIONS

[https://meditatewithfriends.com.au]

Last updated [June 24th, 2022]

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

1 Ownership and formation of agreement

1.1 Ownership
The website https://meditatewithfriends.com.au/ as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to ‘Mediate with Friends’ (Site) are owned and operated by Alysse Di Natale (ABN 53 930 369 951) trading as Meditate With Friends (hereinafter referred to as MWF).

1.2 Formation of agreement
(1) These terms of use govern your use of the Site.
(2) You should always check these terms of use every time you use the Site as MWF may make changes to it from time to time without letting you know. Changes will be effective immediately upon notification on the Site. You will be deemed to have accepted the changes in any revised terms of use by your continued use of the Site after the date such revised terms of use are posted.
(3) If you do not agree with these terms of use you should immediately cease using the Site.
(4) Please read these terms of use carefully, because by using the Site:
(a) you are confirming that you have not only read these terms of use but that you agree to be bound by them; and
(b) you agree that a legally binding agreement is formed between you and MWF.

1.3 Authority
You warrant that:
(1) you are over the age of eighteen (18), or if you are not, then you have obtained the consent of your parents or guardians;
(2) your use of the Site creates legal binding obligations for any liability you may incur as a result of using the Site; and
(3) the information you supply via the Site will be accurate and not misleading, deceptive or likely to be misled or deceive.

1.4 Privacy Policy
(1) You may be required to provide MWF with some of your personal details (including, for example, your name, residential address, phone number, email address and other personal details).
(2) Therefore, please review MWF’s Privacy Policy which describes how MWF collects and uses the information provided by you or collected as a result of your use of the Site.

2 Account and suspension and termination

2.1 Creation of online account
(1) You may set up an account on the Site in your own name (Account).
(2) You must only have one (1) Account and not set up an online account for or on behalf of any other person.
(3) You warrant that:
(a) you are the true owner of the Account;
(b) your details contained in the Account reflect your true identity and is not in any way false, misleading or deceptive; and
(c) the information contained within your Account is true, accurate and up-to-date.
(4) You must keep your Account password confidential and will be responsible for all use of your Account and password.
(5) MWF reserves the right to remove, reclaim, or change a username you select for an Account if MWF determines that such username is inappropriate, obscene or otherwise objectionable.

2.2 Suspension and termination
(1) Your right to access and use the Site and Account is subject to you complying with these terms of use.
(2) If you do not comply with these terms of use or are otherwise deemed by MWF to be unfit to use Site, then MWF may immediately without notice:
(a) suspend your right to use the Site and/or the Account; or
(b) terminate your right to use the Site and/or the Account.
(3) If MWF terminates or suspends your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.
(4) If you no longer wish to retain your Account, you may request in writing for it to be removed. MWF will consider your request and may delete your Account.
(5) Without limiting any other provision of these terms of use, MWF reserves the right to, without notice or liability, deny access to and use of the Site and/or Account for any reason or for no reason.
(6) MWF may delete any content or information that you have posted on the Site at any time, without warning.

2.3 Details
(1) It is your responsibility to enter all of your information correctly when creating your Account.
(2) MWF will not be liable to you in any way for any loss or damage caused to you as a result of your Account information being incorrect.

2.4 Unauthorised use
(1) You must notify MWF immediately of any unauthorised use or suspected unauthorised use of your Account.
(2) MWF will not be liable to you in any way for any loss or damage caused to you as a result of unauthorised use of your Account.

3 Your warranties

By using the Site, you represent and warrant that:
(1) all information you submit will be true, accurate, current and complete;
(2) you will maintain the accuracy of such information and promptly update such information as necessary;
(3) you will not access the Site through automated or non-human means;
(4) you will not use or contribute to the Site for any illegal or unauthorised purpose;
(5) your use of the Site will not violate, and will be in compliance with, any applicable laws or regulations; and
(6) you will not use the Site for any commercial endeavours.

4 Prohibited conduct

When using the Site, you must not:
(1) use another person’s personal information without permission;
(2) make or commit any fraudulent, speculative or false enquiries, acts, reservations or requests using the Site;
(3) tamper with, bypass, hinder the operation of or make unauthorised modifications to the Site;
(4) systematically retrieve data or other content from the Site;
(5) circumvent, disable, or otherwise interfere with security-related features of the Site;
(6) commit any act that may breach any laws;
(7) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
(8) assign the ownership of your Account;
(9) use the Site or any information contained within it in order to harass, abuse, or harm another person;
(10) disparage, tarnish, or otherwise harm any person;
(11) copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
(12) upload or transmit (or attempt to upload or to transmit) spyware, passive collection mechanisms, viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; and
(13) knowingly permit another person to do any of the above acts.

5 Copyright and intellectual property

(1) MWF will at all times retain ownership of all intellectual property rights (including but not limited to all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics as well as any trade marks) used in respect of the Site, including the contents of the Site (with the exception of third party advertisements (if any)) and in connection with MWF products and/or services (together referred to as MWF IP).
(2) Except for the purpose of accessing and using the Site for your own personal use, you must not copy, use, modify, aggregate, reproduce, broadcast, encode, translate, transmit, distribute, sell, licence, print, publish, otherwise exploit or create any derivative works from any part of the Site without MWF’s written consent.
(3) It is an essential term of these terms and conditions that you must not:
(a) launch or attempt to launch a site or arrangement that is the same or similar to the Site or which uses MWF IP without MWF’s express written consent;
(b) do anything that:
(i) is inconsistent with MWF’s interest in MWF IP;
(ii) infringes upon MWF’s rights to use and exploit MWF IP; or
(iii) which leads to the value of MWF IP being diminished or otherwise adversely affected.
(4) If you know, or believe that MWF IP rights has been infringed by a third party, please contact MWF.

6 User data

(1) MWF will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site.
(2) You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
(3) You agree that MWF will have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against MWF arising from any such loss or corruption of such data.

7 Contributions

7.1 User generated contributions
(1) Any contributions you transmit on or through the Site (such as text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material) may be treated as non-confidential and non-proprietary.
(2) When you create or make available any contributions, you represent and warrant that:
(a) your contributions do not and will not infringe the proprietary rights of any third party;
(b) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise MWF, the Site, and other users of the Site to use your contributions;
(c) you have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use name or likeness;
(d) your contributions are not false, inaccurate, or misleading;
(e) your Contributions are not unsolicited or unauthorised advertising, promotional materials, spam, mass mailings, or other forms of solicitation; and
(f) your contributions do not contain any material that solicits or exploits personal information from anyone under the age of eighteen (18).
(3) MWF is not liable for any statements or representations in your contributions provided by you in the Site.
(4) MWF has the right to:
(a) edit, redact, or otherwise change any of your contributions; and
(b) pre-screen or delete any contributions at any time and for any reason, without notice.
(5) MWF has no obligation to monitor your contributions.
(6) You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site provided by you to MWF are non-confidential and will become MWF’s sole property.

7.2 Licence to MWF
(1) By posting your contributions to the Site you automatically grant, and you represent and warrant that you have the right to grant, to MWF an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise.
(2) You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
(3) Subject to clause 7.1(6), MWF does not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions.

8 Reviews

(1) MWF may provide you areas on the Site to leave reviews or ratings. When posting a review:
(a) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; and
(b) you may not post any false or misleading statements.
(2) MWF may accept, reject, or remove reviews in its sole discretion.
(3) MWF has no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
(4) Reviews are not endorsed by MWF.
(5) MWF does not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

9 Disclaimer and limitation of liability

9.1 Disclaimers
(1) The information MWF provides on the Site is of a general nature only. You acknowledge and agree that MWF is not providing professional advice and you should obtain your own independent advice and undertake your own research that is appropriate to your circumstances.
(2) Any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distributed through the Site is at your sole risk and MWF will not be responsible or liable for any loss or damage that results from the use of the information on the Site.
(3) To the extent permitted by law, MWF disclaims all warranties, express or implied, in connection with the Site and your use of the Site.
(4) MWF makes no warranties or representations about the accuracy or completeness of the Site and its content and will not assume liability of responsibility for:
(a) errors, mistakes, or inaccuracies of content and materials;
(b) any unauthorised access to or use of MWF servers, any and all personal information and/or financial information stored therein;
(c) any interruption or cessation of transmission to or from the Site;
(d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party; and
(e) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
(5) MWF does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and MWF will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

9.2 Site Management
(1) MWF reserves the right to change, modify, or remove the contents of the Site at any time or for any reason without notice. However, MWF has no obligation to update any information on the Site.
(2) MWF also reserves the right to modify or discontinue all or part of the Site without notice at any time.
(3) MWF will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
(4) MWF cannot guarantee the Site will be available at all times. MWF may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. MWF reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
(5) You agree that MWF have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these terms of use will be construed to obligate MFW to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

9.3 Security of Site
Although MWF takes all steps to ensure the security and integrity of the Site, you agree that MWF will not be liable for any loss or damage you suffer by the use of the Site (including a linked website), any breakdown or interruption to the Site or the Site being hacked or otherwise being affected by any form of malicious virus or the data you receive from MWF not being secure or virus-free.

9.4 Limitation of liability
(1) Despite anything else contained in these terms of use, MWF will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with your use of the Site, or your reliance on any information contained or accessed through the Site, in any delay in delivery, or failure to perform any other term or condition or to call or respond to you promptly (if at all).
(2) To the fullest extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute that impose any liability on MWF are expressly excluded.
(3) To the full extent permitted by law, MWF will not be liable in any event for any indirect or consequential losses (including but not limited to any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of goodwill, indirect or remote or unforeseeable loss, loss of reputation, future reputation or publicity, or any similar loss which was not contemplated by the parties) whether or not MWF had knowledge that such losses might be incurred.
(4) You agree to indemnify, and hold MWF (its officers, agents, contractors and employees) harmless, from and against any loss, damage, liability, claim, demand or expense made by any third party due to or arising out of:
(a) your contributions to the Site;
(b) your use of the Site;
(c) your breach of these terms of use;
(d) any breach of your representations and warranties;
(e) your violation of the rights of a third party, including but not limited to intellectual property rights; and
(f) any overt harmful act toward any other user of the Site.

10 Errors

(1) The Site displays a wide variety of information. Although MWF uses its best endeavours to ensure that the information on the Site is correct there may be times where errors or omissions have unfortunately been made.
(2) MWF reserve the right to correct any such errors or omissions without notice and without any claim being made against MWF.
(3) There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. MWF reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

11 Third party sites/hyperlinks

(1) MWF makes no representation about, and assumes no responsibility for, any website or content accessed through a link on the Site. The fact that the Site contains links to other websites does not constitute any endorsement by MWF of that website or the products and/or services being offered through that website.
(2) Such third-party websites and content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by MWF.
(3) You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.
(4) MWF takes no responsibility whatsoever in relation to such purchases which are exclusively between you and an applicable third party resulting from your access to and use of the Site.
(5) You agree that MWF will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by MWF.
(6) Linking to the Site is not permitted without MWF’s express written consent.

12 Complaints

MWF takes all complaints seriously and will use its best endeavours to ensure all complaints are addressed promptly. If you have any complaints or issues please contact MWF as soon as possible at the following:
Meditate with Friends
Bower St Roselands NSW 2916
hello@meditatewithfriends.com.au
https://meditatewithfriends.com.au

13 General provisions

(1) In addition to terminating or suspending your Account and access to and use of the Site, MWF reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
(2) These terms of use and any policies or operating rules posted by MWF on the Site constitute the entire agreement and understanding between you and us.
(3) Failure on MWF’s part to enforce any provision of these terms of use is not to be construed as a waiver of any provision or right.
(4) These terms of use are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of its courts.
(5) If any provision of these terms of use is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.
(6) MWF may assign or novate its rights under these terms of use at any time without your consent. You cannot assign or novate your rights and obligations under these terms of use without MWF’s consent.