Aggregated data - MindBodyBrain will have the right to use your aggregated, de-identified data for research and other purposes. This means that you will not be identified personally and your data will be grouped with all other users for analysis purposes.
No reliance - MindBodyBrain does not adopt, recommend or endorse the messages, articles, materials, advertisements, offerings, information, advice, tests, procedures, views or opinions found in this Service (the Content) and MindBodyBrain expressly disclaims any liability to you in relation thereto. Any reliance on the Content shall be at your own risk, and you should always seek the advice of your doctor or other qualified health professionals before attempting to implement or utilise any of the Content in any way, shape or form, including but not limited to Content pertaining to exercise, nutrition, health, wellbeing and lifestyle.
General information only - MindBodyBrain does not provide medical advice. The Content is for general informational purposes only, and is not intended to constitute or be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health professional on any issues you may have regarding a medical condition.
Warranties - The Content is provided "as is", “where is” and without warranties of any kind whether express, implied, statutory or otherwise. In particular MindBodyBrain make no warranties or representations as to the accuracy, adequacy, ownership, or third party rights over the Content. Nothing should be construed as an offer to sell or a solicitation to buy an insurance product, security or other product or service by MindBodyBrain. The inclusion of any link to other websites does not imply an endorsement by MindBodyBrain of the websites and their contents and MindBodyBrain expressly disclaims any liability arising from your use of any other website or content thereof.
Compliance - MindBodyBrain does not represent that the Content is appropriate, lawful or available at and from all locations. In accessing and using this Website you are solely responsible for compliance with local or supranational laws, rules, by-laws and regulations that may be in force in your location. MindBodyBrain has the right but not the obligation to add, edit or remove any part of the Content including those posted or submitted by you at any time in our sole discretion.
Goods - If you choose to purchase any products or goods through the Service, or if any products or goods are given to you in connection with your use of this Website or by way of rewards (hereafter the Goods), MindBodyBrain grant no warranties, and expressly disclaim any such warranties, relating to: (i) defects in the design, workmanship or materials of the Goods; and (ii) the suitability of the Goods; and all other conditions, warranties, stipulations or other statements whatsoever, whether express or implied, by statute or common law or otherwise relating to such Goods are hereby excluded; in particular but without limitation to the foregoing MindBodyBrain grant no warranties regarding the fitness for purpose, performance, use, quality or merchantability of the Goods, whether express or implied, by statute, common law or otherwise.
Manner of use - You agree not to: (i) upload viruses, malicious spying tracking or harvesting software; (ii) hack, post content or use the website in a manner that may be illegal; (iii) post content that is offensive (in any way), hateful, defamatory, insulting, or derogatory against any person or group, whether relating to race, national origin, gender, sexual orientation, religion belief of any kind, or otherwise; (iv), post content that is immoral, pornographic or obscene; (v) post content that infringes the privacy or the legal rights of another person; (vi) post content that impersonates another; (vii) post content for advertising, marketing or promotional purposes.
Termination - MindBodyBrain may block, suspend or terminate your membership, use and/or access to the Service without cause at any time and without notice to you at its sole and exclusive discretion. Upon termination, all of your unredeemed Rewards are immediately and irreversibly forfeited, and you agree that in such circumstance you agree to the forfeiture of such and that you have no recourse against MindBodyBrain, whether for compensation or otherwise.
Exclusions - MindBodyBrain shall not be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise for any damages or losses suffered by you or anyone that result from or in connection with:
Intellectual property - The intellectual property rights (including copyright, domain names, trademarks, trade names, brands, logos, patents, trade secrets, whether registered or unregistered) in this Service and/or over the Content are either owned by or licensed to MindBodyBrain (the IP Rights). You shall not use any of the IP Rights without the prior written consent of MindBodyBrain. You are expressly prohibited from the reverse engineer or tampering with any software on the Website in any way.
Confidentiality of account passwords - You are strictly liable for protecting the confidentiality of your accounts and passwords and for all actions taken under your accounts. You shall hold MindBodyBrain harmless and we shall not be liable for any damages or losses to you or third parties whatsoever resulting from the unauthorized use of your accounts and passwords. Further you shall be liable for any damage or loss suffered by MindBodyBrain and/or third parties arising from such unauthorised use. All references to “you”, “your”, “access” and “use” in these Terms shall include unauthorized access and/or use made under your accounts.
Indemnity - You agree to fully indemnify and keep MindBodyBrain fully indemnified against all proceedings, expenses, liabilities, legal costs on a solicitor client basis, and loss or damage suffered arising out of your breach, negligent performance or failure in performance of these Terms.
Loss of profit - In any event, and notwithstanding anything contained in these Terms, in no circumstances shall MindBodyBrain be liable to you, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, (i) for any increased costs or expenses, or (ii) for any loss of profit, business, contracts, revenues, or anticipated savings, or (iii) for any special, indirect or consequential damage of any nature whatsoever.
Waiver - In no event shall any delay, failure or omission on MindBodyBrain’s part in enforcing, exercising or pursuing any right, power, privilege, claim or remedy, which is conferred by these Terms, or arises thereunder or arises from any breach by you of these Terms, be deemed to be or be construed as, (i) a waiver thereof, or of any other such right power privilege claim or remedy, in respect of the particular circumstances in question, or (ii) operate so as to bar the enforcement or exercise thereof, or of any other such right, power, privilege, claim or remedy, in any other instance at any time or times thereafter.
Illegality - If any provision shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision shall to that extent be deemed not to form part of these Terms but the validity and enforceability of the remainder of the Terms shall not be affected.
Third party rights - No Term is intended for the benefit of any third party, and the parties do not intend that any Term should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act (Cap. 53B) (as from time to time amended, extended, or re-enacted even after the date of this Agreement) or otherwise.
Variation - MindBodyBrain may vary these Terms at any time and in any manner without notice to you.
Governing law & arbitration - These Terms and our relationship shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and as otherwise set out herein below.
Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by mediation in accordance with the ACICA Mediation Rules. The mediation shall take place in Melbourne, Australia and be administered by the Australian Centre for International Commercial Arbitration (ACICA).
If the dispute has not been settled pursuant to the said Rules within sixty (60) days following the written invitation to mediate or within such other period as the parties may agree in writing, the dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia however te place of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.