Terms and Conditions.

For the supply of materials and or services by Sustainable Mindsets

This website, and the Online Store (collectively “the website”) and the publications and services offered for sale by Emma Keen trading as Sustainable Mindsets (“Sustainable Mindsets”) (“the materials”) are owned and operated by Sustainable Mindsets and will be referred to as “we”, “our” and “us” in these Terms & Conditions.

Using our website and the materials

By using or accessing our website and/or our materials or registering for the supply of services on our website, you agree to be legally bound by these terms and conditions without alteration of the terms and conditions as they apply to your use of or access to our website and accessing our materials.

These terms and conditions may be modified by us from time to time at our sole discretion and published on our website and Online Store. Your continued use of the website and Online Store by access to the site and use of the Online Store constitutes your agreement to be legally bound by the modified terms and conditions including your consent to the processing of your personal data. If you do not wish to be bound by these terms and conditions you may not use our website or access our Online Store.

If you breach these terms and condition we may restrict or remove your access to the website or the Online Store. You must ensure that the personal information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information (including other person’s on the policy), please read our privacy policy on this website.

Applicability of online materials

Unless otherwise specified the materials published on our web site and offered for Sale to you via our online store are presented solely for your private, personal and non-commercial use. You may not use the Website, or the material contained on it, for any other purpose.

(a) This involves:

(i) the reproduction of the material in any material form;

(ii) the distribution of the material in any material form;

(iii) re-transmission of the material by any medium of communication;

(iv) uploading or reposting the material to any other site on the Internet; and

(v) “framing” the material on the Website with other material on any other website.

We have used all reasonable endeavours to ensure that our web site and the materials offered for sale complies with Australian law, including the Australian Consumer Law.

However, we make no representations that the materials on our web site or Online Store are appropriate or available for use in locations outside of Australia.

Copyright & monitoring

The contents of our website and the materials offered for Sale or streaming and or download are protected by international copyright laws and other intellectual property rights. We, and or other third party licensors, are the owner of these rights.

All product and company names and logos mentioned in our web site and Online Store are the trademarks, service marks or trading names of their respective owners, including us.

You may download material from our website or Online Store for the sole purpose of using it as an information resource for our services.

However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site or the associated Online Store including, but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any (but not restricted to) questionnaire and forms.

You may not modify or copy:

the layout of the Website; or
any computer software and code contained in the Website.

We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:

re-sold or re-distributed in any material form;
stored in any storage media;
or re-transmitted in any media,
without our prior written consent.

Linking to this website for commercial purposes

It is not permissible to use content from or link to our website for commercial purposes without our express prior written consent.

If you would like to link to this website for commercial purposes please contact emma@sustainablemindsets.com

Linked sites

We make no representations whatsoever about any other websites or apps which you may access through our website and Online Store or which may link to our website.

When you access any other website or app you understand that it is independent from us and that we have no control over the content or availability of that website or app.

In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website or app and shall not be liable for any loss or damage caused or

alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.

Any concerns regarding any external link should be directed to its website administrator or web master.

Cookies

Our website uses cookies to help improve your user experience. Cookies are small text files that are placed on your device when you access a website. They are very common and used by many websites. Cookies do not contain any personally identifying information about you. Most browsers have the option to disable cookies in the browser settings. However, if you choose to disable cookies on your browser some functionality of our website may not be available to you.

Sustainable Mindests uses cookies to:

Perform analytics on the use of our website and pages visited;
Enable access to online services; and
To save preferences you have previously set on our website.

For the avoidance of doubt, your use of the website and Online Store with cookies enabled constitutes permission for us to perform analytics, facilitate access to online services and save your personal preferences.

Availability of our website and Store

We will try to make our website and Online Store available but cannot guarantee that our website and its Online Store will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.

You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device. We reserve the right to alter, suspend or discontinue any aspect of our website or the Online Store or the content or services available through it, including your access to it and the means whereby you access it.

Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new services or resources shall be subject to these terms and conditions as they are adopted from time to time.

Disclaimer

The information on the website and Online Store are provided in good faith on an ‘as is’ basis with no express or implied warranties of any kind as far as is permissible under applicable laws including the Australian Consumer Law. To the extent allowed by law, neither Sustainable Mindsets nor any of its agents or employees will be liable for any errors or omissions in the contents or functions of the website and the Online Store, including errors or omissions due to negligence.

The information on our website and Online Store is general in nature and does not constitute advice.

The resources provided by third-party contributors, including health professionals, are not a substitute for professional advice from your physician or other health care provider.

Any third party products or resources mentioned by third party contributors to our website or Online Store do not constitute or imply a recommendation or endorsement from Sustainable Mindsets .

We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.

You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the website and the Online Store.

We do not warrant, guarantee or make any representation that:

the Website, or the server that makes the site available on the Internet are free of software viruses;

the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
errors and defects in the Website will be corrected.

We are not liable to you for:

errors or omissions in the Website, or linked sites on the Internet;
delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of Liability

These Disclaimers may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

if the breach of an implied warranty or condition relates to services:

the supply of the services again; or
the payment of the cost of having the services supplied again; and

if the breach of an implied warranty or condition relates to goods:

the replacement of the goods or the supply of equivalent goods;

the repair of such goods; or

the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Privacy

Sustainable Mindsets is committed to keeping the personal information you entrust to us private and confidential, and we have measures in place to meet this expectation in accordance with Law.

However, we are unable to guarantee that information you choose to share with us via the website, the Online Store or the internet generally will be secure. Therefore, you accept that any information you provide to Sustainable Mindsets via the website or the Online Store is at your own risk until received by us.

Any information that you provide to Sustainable Mindsets via the website or the Online Store will be handled in accordance with our Privacy Policy in accordance with Law.

No Implied Waiver

The failure of us to enforce any provision of these terms and conditions or a delay in enforcing those rights will in no way affect the right to enforce that or any other provision at a later time, whether against the same or a different party. Nor will the waiver of a breach of any provision of these terms and conditions constitute a waiver of any succeeding breach of the same or any other provision whether against the same or a different party.

Terms of Sale/Supply of Goods and Services

Definitions and interpretation

1.1 Definitions

Buyer means the purchaser of the Goods, whose details are set out in the invoice issued in conjunction with an Order.

Goods means the products and, if any, services (including the provision of online courses or training) specified in the invoice.

Order means the purchase of particular goods and or services using the Online Store.

Seller means Sustainable Mindsets.

1.2 Interpretation

Nothing in these conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the consumer guarantee provisions in the ACL) and which by law cannot be excluded, restricted or modified.

2 General

These conditions (which will only be waived in writing signed by the Seller and Buyer) will prevail over all conditions of the Buyer’s order, to the extent of any inconsistency.

3 Terms of sale

The Goods and all other products sold by Seller in an Order are sold on these terms and conditions.

4 Packing

The cost of any special packing and packing materials used in relation to the Goods are at the Buyer’s expense, even if that cost has been omitted from any quotation or order.

5 Shortage

The Buyer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with the Seller within 21 days from the date of receipt of Goods by the Buyer.

6 Delivery

(a) The delivery times made known to the Buyer in connection with an Order are estimates only and the Seller is not liable for late delivery or non-delivery.

(b) The Seller will not be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery of the Goods.

(d) If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:

(i) this does not constitute a repudiation of the contract of sale formed by these conditions; and

(ii) the defective instalment is a severable breach that gives rise only to a claim for compensation.

7 Loss or damage in transit

(a) The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Seller is legally responsible for the actions of that person).

(b) The Seller must provide the Buyer with such assistance as may be reasonably necessary to institute claims against a carrier for damages to Goods in transit so long as the Buyer:

(i) has notified the Seller and the carrier in writing immediately after loss or damage is discovered by the Buyer on receipt of Goods; and

(ii) serves a claim for compensation on the carrier within [number, eg 3] days of the date of receipt of the Goods.

8 Guarantee

(a) The Seller’s liability for Goods manufactured by it is limited to making good any defects. This must be done by repairing the defects or, at the Seller’s option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as:

(i) the defects have arisen solely from faulty materials or workmanship;

(ii) the Goods have not received maltreatment, inattention or interference;

(iii) accessories of any kind used by the Buyer are manufactured by or approved by Seller;

(iv) the seals of any kind on the Goods remain unbroken; and

(v) the defective parts are promptly returned free of cost to the Seller.

(b) If the Goods are not manufactured by the Seller, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer for the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.

(c) The Seller is not liable for, and the Buyer releases the Seller from, any claims in respect of faulty or defective design of any Goods supplied. This is unless the design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing.

(d) The Seller’s liability under clause 8(c) is limited strictly to the replacement of defective parts in accordance with clause 8(a) of these conditions.

(e) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller’s negligence or in any way.

9 Consumer guarantees

The Seller’s liability for a breach of a condition or warranty implied by chapter 3, part 3-2, division 1 of the Australian Consumer Law (ACL) is limited to:

(a) in the case of Goods, any one or more of:

(i) the replacement of the Goods or the supply of equivalent goods;

(ii) the repair of the Goods;

(iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; and

(iv) the payment of the cost of having the Goods repaired; or

(b) in the case of services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

10 Prices

(a) Unless otherwise stated all prices quoted by the Seller are exclusive of Goods and Services Tax (GST).

(b) Prices quoted are calculated at the date of issue of a relevant quotation and associated Order and include rates provided by third parties providers. These third party rates include the cost of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials and other charges affecting the cost of production (Third Party Rates). Third Party Rates may vary slightly from the date of the quotation to the time of delivery of the Goods. The Buyer will be liable for any increase in the Third Party Rates.

(c) If the Seller makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer’s account.

11 Buyer’s property

Any property of the Buyer under the Seller’s possession, custody or control is completely at the Buyer’s risk as regards loss or damage caused to the property or by it.

12 Returned Goods

(a) Except for any provisions to the contrary contained in this agreement, the Seller is not under any duty to accept Goods returned by the Buyer. The Seller will do so only on terms to be agreed in writing in each individual case.

(b) If the Seller agrees to accept returned Goods from the Buyer under clause 12(a) of this clause, the Buyer must return the Goods to the Seller at the Seller’s place of business referred to at the head of these conditions.

13 Goods sold

All Goods to be supplied by the Seller to the Buyer are as described on the Order agreed by the Seller and the Buyer and the description on such purchase order as so agreed prevails over all other descriptions of the Goods including any specification or enquiry of the Buyer

14 Cancellation

No Order may be cancelled by the Buyer except with the written consent of the Seller. If there is a cancellation of the Order by the Buyer, the Seller has the right to claim indemnity against all losses suffered by the Seller as a result of such cancellation.

Governing Law

These Terms & Conditions are governed by, and are to be construed in accordance with, the laws of the State of Tasmania and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of Tasmania and Courts entitled to hear appeals from those Courts in respect of any proceedings that relate to these Terms & Conditions.

Podcast and guests

The views, opinions, and statements expressed by guests on The Art of Everyday Success Podcast are solely those of the individuals and do not necessarily reflect the views, opinions, or official policies of Sustainable Mindsets, its affiliates, employees, or representatives.

While we strive to ensure that all discussions are insightful, respectful, and aligned with our mission, we do not endorse, verify, or assume any responsibility for the accuracy, completeness, or legality of any statements made by podcast guests.

By engaging with our podcast, you acknowledge and agree that Sustainable Mindsets shall not be held liable for any claims, damages, losses, or harm arising from any content expressed by third-party guests. Listeners are encouraged to conduct their own research and seek professional advice where necessary before acting upon any information discussed in the podcast.

Sustainable Mindsets reserves the right to edit, remove, or disclaim any content that is deemed inaccurate, misleading, or inappropriate at its sole discretion.

If any part of these Terms & Condition is found by a court to be invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such provision(s) will be deemed deleted but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule, and the remaining provisions of these Terms & Conditions will remain in full force and effect.

Website — terms of access

Terms of access to the Website (Terms of Access)

This website (referred to in these Terms of Access as the Website) is owned and operated by [Sustainable Mindsets], who is referred to in these Terms of Access as “we”, “us”, “our” and similar grammatical forms.

The Website is available for you to:

(a) Access conditional on your acceptance without alteration of the terms and conditions set out on this linked page. By continuing to access the Website you are agreeing to these Terms of Access.

(b) Upload material or information conditional on your acceptance without alteration of the terms and conditions set out on this linked page. By continuing to provide upload material or information about your product or service you are agreeing to the Terms of Use related to uploading material or information to our Website.

OPERATIVE PROVISIONS

1 Use of material on the Website

1.1 Generally

(a) Except for the limited use set out in clause 1.1(b) you may not use the Website, or the material contained on it, for any purpose. This involves:

(i) the reproduction of the material in any material form;

(ii) the distribution of the material in any material form;

(iii) re-transmission of the material by any medium of communication;

(iv) uploading or reposting the material to any other site on the Internet; and

(v) “framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

(b) Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

(i) the layout of the Website; or

(ii) any computer software and code contained in the Website.

(d) We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(i) re-sold or re-distributed in any material form;

(ii) stored in any storage media; or

(iii) re-transmitted in any media,

without our prior written consent.

1.2 Links to other websites

(a) This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.

(b) In relation to the other sites on the Internet, which are linked to the Website, we:

(i) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and

(ii) is not responsible for the material contained on those linked sites.

1.3 Disclaimer 1

(a) We are making the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet.

(b) To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:

(i) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and

(ii) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.

(c) We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i) acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and

(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.

1.4 Disclaimer 2

(a) We do not warrant, guarantee or make any representation that:

(i) the Website, or the server that makes the site available on the Internet are free of software viruses;

(ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

(iii) errors and defects in the Website will be corrected.

(b) We are not liable to you for:

(i) errors or omissions in the Website, or linked sites on the Internet;

(ii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

(iii) defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

1.5 Limitation of liability

Clause 1.3 (disclaimer 1) or clause 1.4 (disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

(a) if the breach of an implied warranty or condition relates to services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again; and

(b) if the breach of an implied warranty or condition relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods; or

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

1.6 Use of personal information gathered

(a) We and any people or legal entities authorised by us may gather and process the personal information:

(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and

(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

(b) We may authorise others to offer you goods and services using the information acquired, as described in clause 1.6(a).

(c) We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information.

1.7 Termination of access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

1.8 Alteration of Terms of Access

We reserve the right to change these Terms of Access:

(a) with or without further notice to you; and

(b) without giving you any explanation or justification for such change.

1.9 Intellectual property rights

All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

1.10 Relevant jurisdiction

(a) If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) These Terms of Access will be governed by and interpreted in accordance with the law of Tasmania of Australia, without giving effect to any principles of conflicts of laws.

(c) You agree to the jurisdiction of the courts of Tasmania of Australia to determine any dispute arising out of these Terms of Access.

2 Terms of use relating you uploading material or information to our Website

This Website (referred to in these “terms of use” as the website) is owned and operated by [owner], who is referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms.

2.1 Uploading information

You represent and warrant in relation to any material or information you provide to the Website that:

(a) you are authorised to provide the material or information;

(b) the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

(c) the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;

(d) the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

(e) the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.

2.2 Licence to use intellectual property

By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trade marks and service marks (Intellectual Property) on to the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:

(a) reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and

(b) allow us to sub-licence others the same rights granted to us in clause 2.2(a) above.

2.3 Removal of information

In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.

2.4 Limit of liability

We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:

(a) in relation to or in connection with any material or information supplied in respect of advertising on this Website; and

(b) as a consequence of removing any material or information from this Website.

2.5 Indemnity

You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

(a) any breach of these Terms of Use by you; and

(b) publication of or distribution of the material or information supplied by you.

2.6 Use of personal information gathered

(a) We and any people or legal entities authorised by us may gather and process the personal information:

(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and

(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

(b) We may authorise others to offer you goods and services using the information acquired, as described in clause 1.6(a).

2.7 Intellectual property rights

2.8 Relevant jurisdiction

(a) If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) These Terms of Use will be governed by and interpreted in accordance with the law of Tasmania of Australia, without giving effect to any principles of conflicts of laws.

(c) You agree to the exclusive jurisdiction of the courts of Tasmania of Australia to determine any dispute arising out of these Terms of Use.

3 Privacy policy

(a) Sustainable Mindsets is operated by Emma Keen who is referred to in this privacy policy as “we”, “us”, “our” and similar grammatical forms.

(b) By using our store or pay your subscription to the courses we provide or registering for an account with us, you are accepting the terms of this privacy policy, and you are consenting to our collection, use, disclosure, retention and protection of your personal information as described in this privacy policy.

(c) We appreciate that your privacy is important to you, Sustainable Mindsets will continue to protect the personal information you provide us and we will manage your personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).

(d) We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.

3.1 When do we collect information?

(a) We do not automatically collect personal information from you, such as your name, address, phone number, email address or other personally identifiable information about you (personal information). We collect three categories of information when you use our Website:

(i) the personal information you voluntarily provide — that is, we collect personal information with your informed consent;

(ii) anonymous non-personal information about how you use our Website; and

(iii) “cookie” based information that makes your use of our Website easier by recording your preferences so that when you return to our Website the “cookie” re-loads that information into your web browser.

(b) For example, we will collect personal information from you when you register on our Websites, place an order, subscribe to our newsletter, respond to a promotional offer, competition or survey or fill out a form related to any customer service feature operating on our Websites.

(c) When you become a subscriber to our course or email list you will need to provide certain details so that we can establish and manage your customer account.

(d) When you log-into our Website using your Google or Facebook log-in (or use any other log-in connected to any other social media platform) you are allowing that social media platform to share your personal information with us (that is, your personal information related to your log-in with that social media platform, which may include your email address and other personal information).

3.2 Why do we need to collect personal information?

We collect personal information when you volunteer that information in order to receive a service from our Website. The personal information collected on our Websites will be used to provide the services you have requested, such as setting up and managing your subscription to the course or our email list or processing any purchases you may make through Sustainable Mindsets. Your personal information may be used in relation to any survey, promotional offer or any competition you may enter on our Websites.

3.3 What information do we collect?

(a) The type of information we collect from you will depend on what services on our Website that you use. The personal information we may collect includes your name, postal address, email address, telephone numbers and contact details and information for identification purposes. If you make online purchases from Sustainable Mindsets or pay your subscription to our courses or our products by credit card or debit card or direct debit from your bank account we will collect your card or bank account details.

(b) General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from Sustainable Mindsets. The anonymous non-personal information that when collect and analyse in not personal information as described in the Privacy Act.

3.4 Why do we use “cookies” and other web use tracking technologies?

(a) When you access our Website, a small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.

(b) We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.

(i) to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;

(ii) to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;

(iii) to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and

(iv) when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.

(d) Even if you have given us permission to sent you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.

(e) If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly [optional: however, you can still place orders over the telephone by contacting the [name of online store] service personnel].

3.5 How do we store your information?

(a) We use different technologies and procedures to help protect personal information from unauthorized access, loss, alternation, disclosure or use. Some of the safeguards we use are physical access controls, information firewalls and access authorisation controls to where your personal information is held in data centres. We also use data encryption when personal information is transferred to and from our service providers. Our commitment to data security means:

(i) we have procedures to limit access to personal information within our organisation;

(ii) we use security measures and technologies within our organisation to protect your personal information; and

(iii) we use service providers that can establish that they have secure controls relating to software security, access security and network security, including where credit card information is being transferred.

3.6 What use do we make of your personal information?

(a) We will communicate with you in relation to any purchases you make from Sustainable Mindsets and in relation to the management of your subscription account with us which will include providing you with information about the courses.

(b) We may send you information and updates about any other product, service or information that we provide to our customers; in addition we may send you occasional company news and information about other products and services or special promotional offers of our affiliated companies. If at any time you would like to stop receiving future commercial messages from us, we include detailed unsubscribe instructions at the bottom of each email.

(c) We may also release your personal information when we believe release is appropriate to comply with the law, enforce our subscription agreements, website policies and terms & conditions, or protect ours or others rights, property, or safety.

3.7 How can I access the personal information that you collect?

(a) We are happy to provide you with details of personal information held about you. APP 12 allows you to get access to, and correct, the personal information we hold about you.

(b) To access this information, you need to email or write to us using the contact details below. Please also include your subscriber account number if you are a subscriber any of our courses

(c) APP 13 allows you to ask us to take reasonable steps to correction any personal information that is inaccurate, out of date, incomplete, irrelevant or misleading.

(d) If you believe that your personal information has been misused, you can inform us of your complaint by writing to our address and we will attempt to resolve the matter.

Emma Keen

emma@sustainablemindsets.com

(e) If you are not satisfied with the outcome of your complaint you may refer the matter to the Office of the Australian Information Commissioner (OAIC). Telephone: 1300 363 992.

enquiries@oaic.gov.au

OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints

3.8 Third party links

Our Websites may include links to websites operated by third parties. We have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our Websites and welcome any comment about linked websites.

3.9 Terms and conditions

Please also visit our Terms of Access to our Website (clause 1) and our Terms of Use regarding uploading material or information to our Website (clause 2) which sets out the conditions of use and limitations of liability governing the use of our Website.

3.10 Your consent

By using our Website, you consent to this privacy policy.

3.11 Changes to our privacy policy

(a) If we decide to change this privacy policy, we will post those changes on this page, and update the privacy policy modification date below.

(b) This privacy policy was last modified on 20th October 2024