Terms & Conditions

Terms and conditions for the supply of products and services for consumers of ‘Mindful Products’ (“Products”).  The term ‘Mindful Products’ or ‘us’ or ‘we’ refers to the owner of the website whose company registration number is ACN 30 090 152 015.  the term ‘you’ refers to the user of viewer of our website.

The following are terms of a legal agreement between you and Sarah Salas & Associates Pty Ltd, trading as Mindful Products. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this web site.

  1. 1. Agreed terms for consumers

 This page contains the terms and conditions (“Terms”) on which we supply mindfulness courses or other courses/services listed on www.mindfulproducts.com.au (‘website’) to you. Please read these terms carefully before ordering any mindfulness or other courses/services from our website. When you order a mindfulness course or other courses/services from our website, you agree to be bound by these terms and conditions. You will be asked to click “I accept” at the appropriate place prior to your purchase. If you do not click “I accept”, you will not be able to complete your purchase.

1.1. Basis of sale

1.1.1.   We consider these Terms and the Order set out the whole agreement between you and us for the supply of the Services.

1.1.2.   Please check that the details in these Terms and on the Order are complete and accurate before you commit yourself to purchase. If you think that there is a mistake, please make sure that you ask us to confirm any changed in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.

1.1.3.    Please ensure that you read and understand these Terms before you submit the Order. You will be bound by the Terms once an Order is placed with us in accordance with clause 1.5.

1.2.  Any samples, drawings, descriptions, or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.

1.3.  If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

1.4. The Order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.

1.5. These Terms shall become binding on you and us when:

1.5.1.   We issue you with written acceptance of an Order with your email invite; or

1.5.2.   We notify you that we are able to provide the Services, whichever is the earlier, at which point a contract shall come into existence between us.

1.6. Any quotation for the Services is given on the basis that a binding contract shall only come into existence in accordance with clause 1.5.

1.7. We shall confirm your order and assign you with an email invitation. Please quote the order number in all subsequent correspondence with us.

1.8. Subject to clause 1.9, you may at any time before any agreed delivery date, amend or cancel an Order by providing us with written notice to bookings@smilingmind.com.au.

1.9.  If you amend or cancel an Order your liability to payment to us of all costs we reasonably incur in fulfilling the order until we receive your amendment or cancellation. However, where the amendment or cancellation is due to our failure to comply with these Terms you shall have no liability to us.

1.10. We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you place and Order, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled. If the Services are ongoing, we will give you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty before the new Terms affect you.

  1. 2. Quality of services

 

2.1. Unless we are prevented from doing so by a force majeure event, we will provide Services which:

2.1.1.   Conform in all material respects with their description;

2.1.2.    Are carried out with reasonable care and skill;

2.1.3.    Are fit for any purpose we say the services are fit for, or for any other purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services;

2.2.   These Terms apply to any replacement Services we supply to you in the unlikely event that the original Services do not conform with these Terms.

2.3   You must provide us, in sufficient time, with any information and instructions relating to the Services that is or we believe necessary to enable us to provide the Services in accordance with these Terms.

2.4.   If you do not comply with clause 2.3, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.

2.5.  We only supply the services for domestic and private use, and you agree not to use the Services for any commercial purpose whatsoever.

  1. 3.      Provision of Services

3.1. We will supply the Services to you from or on a specific date or the date set out in the Order.

3.2.  The Services will be supplied for a period as stated in the Order or until otherwise terminated in accordance with these Terms.

3.3.  We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible and you are not entitled to a deduction in our fees for the Services.

3.4.  We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.

 

  1.   4.     Defective services

4.1.  In the unlikely event that the Services do not conform with these Terms, please let us know was soon as possible after we have carried them out. We will:

4.1.1.  Provide you with a full or partial refund depending on what is reasonable; or

4.1.2.  Re-perform the Services and offer you another date.

4.2.   These Terms will apply to any replacement Services we supply to you.

  1.  5.       Intellectual property rights

5.1.  The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Services will belong to us absolutely.

5.2. You may not use the materials, documents or other items provided to you by us for any commercial purpose.

 

  1.  6.      Fees and payment

6.1. The fees of the Services will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our fees list in force at the time we confirm your Order. Fees are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.

6.2. These fees include GST. However, if the rate of GST changes between the date of the Order and the date of the delivery, we will adjust the GST you pay, unless you have already paid for the Services in full before the change in rate of GST takes effect.

6.3. We may ask for upfront payment by Paypal upon their terms and conditions or invoice you for the Services in advance when you place your Order OR at any time after we have provided the Services to you OR monthly or in some other period in advance. The invoice will quote the Order Number. You must pay the invoice in cleared monies when you plane an Order online using the payment methods detailed on the website.

6.4.  Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or any other outstanding Order until you have paid the outstanding amounts.

  1. 7.       Limitation of liability