Terms & conditions

The following terms and conditions along with the Privacy Policy constitute complete terms of an agreement between you and Mindfit Movement Pty Ltd, trading as Elevate Well-being Training Coaching ACN 666 369 302 (“we”, “our” or “us”) in relation to your use of our website (Terms). By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and the Privacy Policy. If you do not agree to these Terms or the Privacy Policy, do not use this website.

We may amend these Terms from time to time by updating them on our website. You should visit Our website regularly to keep up to date with any alterations. By continuing to use the website, you accept the Terms which are current at the time that you access and use it.

Website content

Information contained on this website may change from time to time. The website may contain technical inaccuracies, typographical errors and or advice and other tips or information in relation to your well-being, training and coaching which may be outdated. All advice and information on this website are of a general nature only. It should not be relied on as applying to your specific situation and you should obtain specialist advice. We do not warrant that the information on this website is complete, true, accurate or non- misleading.

Intellectual property

Material and content displayed on this website, including all editorial materials, information, text, graphics, logos, button icons and images is Our property and is subject to copyright owned by Us or Our partners. Such material and content is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images, and logos displayed on this website may be the subject of registered trademarks and protected by the Trade Marks Act 1995 (Cth) and other international trademark laws.

You may access, display, download and print portions of the website, but only for your personal non-commercial use, subject to these Terms. This permission is subject to you not modifying or republishing the content displayed on this website, keeping intact all copyright, trademark, and other proprietary notices, and any additional restrictions or express exceptions displayed on Our website. Any other use of material on this website including the reproduction, modification, distribution, transmission, re-publication or display of the content on this website is strictly prohibited.

Third-party websites

This website may contain links or references to third party websites or display material sourced from a third party. Unless otherwise indicated, We are not responsible for and do not endorse or approve any such third-party websites or their content. We also do not provide any warranty or represent the accuracy or take responsibility for third-party websites and their content.

Viruses
You are responsible to protect your computer from malicious or destructive content and programs: such as viruses, worms, and Trojans, and to protect your information as you deem appropriate.

Use of this website

You agree to comply with all domestic and international laws applicable to your use of this website. Without limitation, you agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this website, including by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this website or any computer. You must not post on this website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. We may block or delete from this website any material you post that We decide contravenes those requirements. You must not impersonate or misappropriate the identity of another person. Use of this website in contravention of these Terms may result in you being banned from the website and being liable to Us for breach of contract and/or infringement of applicable laws.

Access to certain areas of this website is restricted. If you wish to access the restricted areas of the website, you will require to create a user ID and password. You must ensure that the user ID and password are kept confidential. We take no responsibility in relation to lost password or loss of access. However, We may disable your user ID and password at Our sole discretion without notice or explanation to you if you are in breach of these Terms.

User content

If you upload any content onto Our website, you grant Us a worldwide, irrevocable, non- exclusive, royalty-free license to use, reproduce, adapt, publish, and distribute your content on any current or future media platforms. You also grant Us the right to sub-license these rights.

The content uploaded on Our website must not be illegal, unlawful, and must not infringe any third party's legal rights. Such content must not be capable of giving rise to legal action whether against you or Us or any third party.

We reserve Our right to edit or remove any material submitted to this website or stored or hosted or published on this website.

We do not undertake to monitor the submission of any user content or the publication of such content on Our website.

Links to this website

You may not create a link to any page of this website without our prior written consent.

No warranties and Limitation of liability

To the extent permitted by law, We completely exclude all liability to any party for any direct, indirect, incidental, special, exemplary, or consequential damages of any type related to or arising from this website and any use of this website. To the extent that the above exclusion of liability is unenforceable, invalid, or ineffective for any reason, it will be severed from these Terms and Our maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Where the law implies a warranty into these Terms which may not lawfully be excluded, We limit our liability for breach of such a warranty to either supplying the services or goods to you again or paying for the supply of such good and services to you. You use this website at your sole risk.

You agree to indemnify, defend, and hold Us harmless from and against all losses, expenses, claims, proceedings, and damages, of every kind, due to or arising out of any violation of these Terms, the rights of any other party or your use of this website in general.

Log Files and Cookies

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.

This website also uses cookies to enable Us to retrieve user details for each visit and to enable the functionality and ease of use of the website.

Breach of Terms

If you breach these Terms in any way, We may take such action as We deem fit to deal with your breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, and/or commence legal proceedings against you.

Law and Jurisdiction

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts. If any of the terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision(s) will be severed from these Terms and the remaining terms will continue to apply.