Terms of Use

Terms Of Use 

General 

  1. This website is operates under the domain name “www.mindmaterial.com” and “www.mindmaterial.com.au” (“MM Website”).  The owner can be contacted at P.O. Box 1188, Warragul, Victoria, Australia, 3820. The MM Website is intended for residents of Australia. 
  2. If you use or access the MM Website you are accepting these Terms and Conditions and any other rules of use contained on the MM Website and changes to them that may be made from time to time. You need to review them carefully and check periodically for any changes. If you do not agree with the Terms and Conditions then you are not authorised to use the MM Website. 
  3. Your acceptance of these Terms and Conditions denotes a declaration by you that you understand the restrictions of the information and services provided at the MM Website and that you are not a person requiring crisis intervention or using the site to form a diagnosis of a psychological condition. 
  4. The MM Website offers access to online resources and services that are conditional on the Acceptance without modification of the terms, conditions and notices contained herein. You expressly understand that the MM Website is provided on an “as is” and “as available” basis. 
  5. Information contained in the MM Website is not intended or implied to be a substitute for professional medical, psychiatric, psychological or other professional health advice. 
  6. The MM Website may contain links to other websites (“Linked Sites”). Mind Material does not endorse or approve of the operators of the Linked Sites or the information, graphic and material on those Linked Sites. Mind Material is not responsible for webcasting or any other form of transmission received from any of the Linked Sites. 
  7. Mind Material, subject to any applicable law, makes no representation as to the security, accuracy, quality or property of any other website accessed through the MM Website, or that the Linked Site material does not infringe on the intellectual property rights of any person, or that it is authorising the reproduction of Linked Site material by linking material on the MM Website to the Linked Site. 
  8. Laws applicable in the State of Victoria and Commonwealth of Australia shall apply to any contracts, services provided or information supplied and all parties agree to submit to the non-exclusive jurisdiction of the Australian Courts. Liability is limited to responsibilities implied by Australian State or Federal Law. 
  9. The content of the MM Website is owned by Mind Material who reserves all rights, including copyright under the Copyright Act of all material on this website, unless otherwise stipulated. The material includes information, text, material designs, logos, insignia, graphics and other images or other works or subject matter and any other form of content and may not be re-written, framed, linked, copied, re-sold, re-distributed or transmitted in any form by any process, or otherwise used without prior specific written permission of Mind Material. 
  10. “Mind Material “, “Your Life Matters”, and “Life, ..it happens” are all names, trademarks and/or logos owned and developed by the owner. 
  11. While every effort has been made to ensure that the information presented on the MM Website is free from errors, omissions or is suitable for intended use, Mind Material does not warrant the accuracy, adequacy or completeness of any material on the MM Website. All information is subject to change without notice. 
  12. Mind Material reserves the right to modify or discontinue, temporarily or permanently, any component of the MM Website. Your access to the MM Website may be terminated at any time by Mind Material without notice for any reason, including, without limitation, if Mind Material believes that you have violated or acted inconsistently with the spirit of these Terms and Conditions. 

 Conduct 

  1. You agree not to use the MM Website to:   
    1. Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, offensive, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or discriminatory; and 
    2. Impersonate any person or entity, including but not limited to an authorised employee of Mind Material; and 
    3. Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; and 
    4. Upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “lotto advice”, or any other form of solicitation; and 
    5. Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or program; and 
    6. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchange; and 
    7. Interfere with or disrupt the Service, servers, networks connected to the Service, disobey any requirements, procedures, policies or regulations of networks connection to the Service; and 
    8. Intentionally or unintentionally violate any applicable law or regulation including but not limited to, regulations promulgated by any securities exchange; and 
    9. “Stalk” or otherwise harass, threaten or intimidate any person or internet user. 

Prohibited Use and Limitations 

  1. As a condition of use, the MM Website and services, you warrant and agree that you will not use the MM Website or services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the MM Website or its services in any manner which could damage, disable, overburden, or impair the MM Website or interfere with any other party’s use of the MM Website or services. 
  2. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the MM Website. The MM Website is available for personal use. 
  3. You warrant that you will not modify, copy, distribute, transmit or sell any information, products, or services obtained from the MM Website without written permission from Mind Material. 

Policy on Minors 

  1. If you are under 18 years of age, you must obtain a parent/guardians’ consent prior to using the MM Website or information services. 

Policy on Statutory Disclosures 

  1. As directed in writing by an Australian Court, Mind Material and its owners will provide all information requested pertaining to the provision of a counselling session and its content. 
  2. Copies of information provided to an Australian Court are available where this does not contravene any court dictated ability to disclose. 

 Confidentiality 

  1. Clients agree to keep all correspondence from Mind Material confidential according to the National Privacy Principles and not communicate the contents to any third party unless required to do so by law. 
  2. Personal information gathered during the provision of any counselling service remains confidential and secure according to the National Privacy Principles except under the following circumstances: 
  3. Subpoenaed by a court 
  4. Failure to disclose the information would place you or another person at risk; or 
  5. Prior written approval has been obtained to provide a written report to or discussion with another professional, agency, or other nominated person. 
  6. A copy of the National Privacy Principles is available here:
    http://www.privacy.gov.au/publications/npps01.html 
  7. You acknowledge that under these Terms and Conditions, Mind Material may provide personal information about you as part of the service which is the subject to privacy laws. As a result, you must not disclose or permit the disclosure of any information supplied to you by Mind Material, to any other person as this may result in your privacy being breached. 
  8. Mind Material will comply with this Confidentiality Statement located on the MM Website in dealing with any information associated with your use of the MM Website or online services. You must not breach, or permit a breach, of any other persons’ privacy in using the MM Website or services.    

 Technology 

  1. In order to use the MM Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content and pay any service and/or telephone fees payable to any party associated with such access. in addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. 
  2. Mind Material will undertake all reasonable efforts to maintain MM Website access and capability to obtain client e-mails through internet service provision. Mind Material cannot be responsible for lack of service due to network failure including internet service provider failures. 
  3. While all reasonable security is maintained for any online services provided, Mind Material cannot be held liable for breaches of confidentiality caused by clients of the services, or by unknown parties (e.g. hackers), or by computer related technical difficulties. 
  4. The client or user of this website accepts full responsibility for the protection of their own computer system from viruses, Trojans and other potentially destructive programs. 
  5. The client or user accepts the risk that data transmitted electronically may be intercepted before reaching Mind Material. Mind Material does not assume responsibility in guarding against the acts of such unauthorised third parties. 
  6. The MM Website is built with the assumption of a minimum technology of Pentium III, Windows XP operating system and 28.8Kb internet connection speed. 
  7. Mind Material recognises the concern of virus transmission and utilises up to date technology to attempt to eliminate viruses in the transmission of material from the MM Website. We do not guarantee however, that the MM Website or any Linked Site will be free from viruses, or that access to the MM Website or Linked Sites will be interrupted. 
  8. Mind Material makes no guarantee or warranty that the MM Website meets your requirements; will be uninterrupted, timely, secure or error free; any results obtained will be accurate or reliable; that any material downloaded from the MM Website is done at your own discretion and risk and that you are solely responsible for any damage to your computer system, or loss of data resulting from any downloaded material. 

Psychology and Counselling Qualifications 

  1. All Psychologists acting for Mind Material will hold qualifications in accordance with the Australian Health Practitioner Registration Authority.
  2. All Psychologists acting for Mind Material will abide by the Code of Ethics and be subject to the Complaints Procedure of the Australian Health Practioner Registration Authority.  A copy of these are available at the AHPRA website at http://www.ahpra.org.au. 
  3. Any counsellors acting for Mind Material will hold qualifications in accordance with the minimum requirements to be a full member of the Australian Counselling Association. 
  4. All counsellors acting for Mind Material will abide by the Code of Ethics and be subject to the Complaints Procedure of the Australian Counselling Association.  A copy of these are available at the ACA website at http://www.theaca.net.au. 

 

This is Mind Materials’ current statement of Terms and Conditions and replaces any previously published statement as at date of publication –  30 Sept 2023

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