Effective Date: May 05, 2025
Last Updated: May 05, 2025
These Terms of Use ("Terms") govern your access to and use of the Hardiness App and associated website app.mindbodybrain.com.au ("the Platform"), operated by Body-Brain Performance Institute Pty Ltd (ACN 144 895 330), referred to as "MBB", "we", "our", or "us".
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.
1. Purpose and Eligibility
The Platform provides content and tools to support psychological resilience, well-being, and personal development. It is intended for individuals aged 18 and over. You are responsible for ensuring that your access and use comply with local laws.
2. No Medical Advice
All content is for general informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek advice from a qualified healthcare provider.
3. Privacy and Data Usage
Your individual data will remain private and will not be shared with your employer or other third parties. However, MBB may:
- Use aggregated and de-identified data to evaluate the effectiveness of the Hardiness intervention for employers.
- Use de-identified user data for research, improvement of the platform, and publications.
4. User Conduct
You agree not to:
- Upload malicious content or interfere with platform security.
- Post offensive, hateful, defamatory, obscene, or unlawful content.
- Misrepresent your identity or use the platform to advertise without permission.
5. Intellectual Property
All content, branding, and software is owned or licensed by MBB. You may not copy, modify, reverse-engineer, or distribute our intellectual property without our written consent.
6. Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
7. Suspension or Termination
MBB may suspend or terminate your access to the Platform at its sole discretion, with or without notice. Upon termination, all accrued rewards or entitlements are forfeited.
8. Disclaimer and Limitation of Liability
The Platform is provided 'as is'. MBB disclaims all warranties and shall not be liable for any loss, including indirect or consequential damages, or loss of profits.
9. Modifications
We may revise these Terms at any time. Continued use of the Platform indicates your acceptance of the revised Terms.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Australia. Disputes will be resolved by mediation and, if necessary, arbitration in accordance with ACICA rules in Melbourne, Australia.