Terms & Conditions
WEBSITE TERMS AND CONDITIONS
Welcome to Collective Minds Co Pty Ltd [ABN 14651421215] and www.collectivemindsco.com.au, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of VIC and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
To only make personal and non-commercial use of our content
You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing email@example.com. All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.
To not rely on any “advice”
Some of the information we provide on our website may be health or medical related information. It does not constitute any “health advice” or “medical advice” and we provide this information for your general use only. It may be historical information, incomplete information or could be an opinion that is not widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk, and you should always seek independent professional advice before reliance on the information.
WE MAKE NO WARRANTIES OR GUARANTEES
We cannot represent, warrant or guarantee that:
our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or
our content is accurate, complete and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at firstname.lastname@example.org if you find any issues.
LIMITATION OF LIABILITY AND INDEMNITY
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
This Agreement is governed by the laws in VIC Australia and the parties submit to the jurisdiction of the courts of VIC, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or Damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or our means Collective Minds Co Pty Ltd [ABN 14651421215] and includes any of our employees, agents, partners and contractors.
ADDITIONAL TERMS OF SERVICE FOR OUR PRACTITIONER PORTAL
These Additional Terms of Service (“Terms”) apply to all participants of events and all members, or all potential members and all participants to webinars held by Collective Minds Co [ABN14651421215] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and Webinars form an Agreement with us (“Agreement”). “You” could be any member or participant of ours.
ONLINE EVENTS WE WILL PROVIDE
Our Events are various educational webinars for naturopaths and nutritionists. You must set up an account to purchase a ticket to our Webinars and access any Materials. You can also become a member by paying a monthly fee.
Things you must do before creating an account and participating
provide complete and accurate information to us when setting up your account, including your association number, certificate, TGA certificate and/or Clinical subject enrolment proof, professional degree certificate, and promptly inform us of any updates to your information;
ensure you have adequate technology set up and internet access make use of the Webinars. We use Facebook Groups, Instagram and Zoom video conferencing.
Acknowledgements you make when purchasing tickets on our website
You acknowledge and agree that we cannot take into account your personal situation or your personal goals or objectives when providing our Webinars. The Webinars and Materials are general in nature and designed for naturopaths and nutritionists generally.
You further acknowledge and agree that there may be:
occasional errors or omissions in the Webinar descriptions, any prices, availability and promotions;
some Webinars with limited places or that are limited to certain regions or groups of people;
technical problems downloading Webinar recordings or Materials, and there are inherent risks associated with downloading digital products and using online software.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Webinars.
RELIANCE ON ADVICE DISCLAIMER
We may make recommendations of Brands for various products or services during the Webinars. Any recommendations are only recommendations, and if you purchase from the Brand that is a contract between you and the Brand, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the Brand. It is your responsibility to question any product dose, use safety or contraindications with the Brand itself.
You acknowledge and agree that we are a facilitator only, and do not guarantee the correctness or veracity of any of the Materials or Webinars. There may be information in the Webinars and Materials that may be classed as "health” or “medical” advice. We rely solely on Brands for this information, and any reliance on this information is at your sole risk. You must consider whether or not the information is appropriate to your and your practices needs. Sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the presenter that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, or regulations which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information in Webinars and any Materials are accurate, complete or current.
You can pay for a Webinar as you go. All tickets are $30 per Webinar unless you possess a current student card, in which case the price is $15 per Webinar. Alternatively, you can pay the Membership Fee for a Membership.
When you become a member, the Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Membership in accordance with the cancellation or termination terms below.
You authorise us to:
deduct the Membership Fee and all other accrued and owing fees from your debit or credit card; and
deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.
Things you must do after purchasing a ticket to our Webinars
maintain the confidentiality of your login and password for your account;
not allow other people or organisations to view the Webinars or use the Materials or your account;
not share any links or recordings of the Webinars;
contact us by email at if you have any difficulty downloading any Materials or accessing any Webinars;
not reproduce, duplicate, copy, sell, re-sell or exploit the Webinars or Materials in any way;
contact us by email at if you have any issues with the Membership or Webinars and require a refund;
seek our prior written consent before any publication of information about us; and
in the case of a dispute keep all communications confidential.
You must not post any of the following, which is determined at our discretion:
any inappropriate or offensive, threatening or abusive content;
any immoral content, including but not limited to, anything pornographic or obscene;
any illegal content, including any content which is defamatory;
anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
any content that impersonates any other person or misleads us or third parties as to the origin of your posts.
You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.
Acknowledgement you make in relation to Webinars
We reserve the right to exclude you from any Webinar if you become disruptive or disrepectful to other participants. You acknowledge and agree that we may make recordings of Webinars that you participate in, including in person and online events. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the Webinars is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.
Things we’d love you to do after participating in a Webinar
We’d love you to provide us with any case studies so we can use them for information purposes. You represent and warrant that you have obtained all necessary patient consents where you provide information in relation to a patient. By providing us with case studies you grant us a license to reproduce the content for the benefit of all Members and account holders of ours in our website portal. All case studies will use de-identified information only. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at email@example.com
If you need to cancel your Membership
If you need to cancel your Membership please email us at firstname.lastname@example.org with 7 days notice so you will not be billed automatically for the following month. All our Memberships are for the Membership Period. We do not provide any refunds for Membership Fees until any Minimum Term has expired.
If you can’t make a Webinar, or want to change your booking
Any request for a refund or credit in relation to a particular Webinar must be initiated within 48 hours of the event date. A refund form must be filled in and returned within 7 days. Your refund will be reviewed by us, and you will be notified of the outcome of your request and refunded or credited the money should that be the outcome.
We do not provide refunds except as required by law. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Webinars or where you fail to comply with our instructions. We may, but are not obliged to, provide you with a credit to another Webinar where you notify us with no less than 48 hours prior written notice. We may on some occasions provide a refund where you provide more than 48 hours prior notice, and pay the Administration Fee.
No guarantees for Webinars
We cannot guarantee a particular Brand or a particular Webinar or program for any event. Whilst we will provide a certificate to use to apply for credits with your association, we cannot guarantee that the Webinar or Materials provided will be recognised by all associations for CPE/CPD points. You are responsible for checking with your CPE-CPD guidelines in relation to any credits. We also cannot guarantee that all questions of yours will be answered within question time of the Webinar.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
change and update information including availability and promotions;
discontinue any Membership services.
We comply with the Australian Consumer Law re refunds
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Webinars are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Webinars or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Webinars or where you fail to comply with our instructions.
If we need to cancel the Webinars we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel a Webinar. In these or similar circumstances where you have paid in advance we will provide you with a refund or credit where agreed. We will notify you as soon as possible of any changes to the Webinars. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and provide Webinars at any time
We may refuse to provide our Webinars to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and Webinars and Materials, any account and disable your ability to purchase a Membership. We can also change, suspend or stop providing Webinars at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Webinars.
All the Intellectual Property Rights in the Webinars and Materials are owned by or licensed by us from the relevant Brand. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for you to use the Webinars and Materials for your personal use only. This licence to use our Materials in relation to the Webinars is for the duration of your Membership only. In particular, you must not use our Webinars or Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. You must not share the Webinars or Materials with any other parties.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our website and Webinars and Materials, including, but not limited to, any errors or omissions, price changes or discontinued Webinars and Materials, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
the replacement of the Webinars or the supply of an equivalent Webinars; or
the payment of acquiring an equivalent Webinar.
In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with: your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights; and any third party claims, including those by any Brands.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. Where there is a dispute with a Brand, you release us and agree to indemnify us in relation to any Claim.
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any materials provided to you, usually associated with a Webinar, and including any associated videos, worksheets, spreadsheets, diagrams, photos and documents.
Membership Fee means the membership fee as advertised on our website from time to time.
Membership Period means annually.
Membership means the Collective Minds Co membership which entitles you to access our Webinars and Materials at the Membership Fee.
Minimum Term means the minimum term of your membership before you can cancel which is one month.
We, us, or our means Collective Minds Co Pty Ltd t/as Collective Minds Co [ABN14651421215] and includes any of our directors, officers, employees, agents, partners, contractors.
Webinars means the webinars we provide presented by Brands, and includes any provision of associated Materials.
Website means www.collectivemindsco.com.au and everything available on this website including, but not limited to, all Webinars and Materials.