Positive Mind Works Terms and Conditions
Welcome to the website of Positive Mind Works –Specialising in Online Psychology and Counselling. Please read the following terms and conditions with care. By visiting this site you are accepting these terms and conditions.
Positive Mind Works retains the right to modify or amend these terms and conditions at any time, without notice. We may amend these terms and conditions by posting the amended terms on the Site. Unless otherwise stated, all amendments shall be effective immediately upon posting on the Site. You are responsible for regularly viewing the terms and conditions. Continued use of the web site after any such changes constitutes your consent to such changes. If at any time you choose not to accept these terms and conditions, you may not use this site.
In these terms and conditions you are sometimes referred to as “you”, “the client”, “the user” and we are referred to as “Positive Mind Works”, “positivemindworks.com.au”, or “positivemindworks.co.nz”.
Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through this web site. You certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to fully honour those obligations that you undertake. In addition, you agree that, if you are using the services on behalf of or for someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein. And should it occur, you accept full liability for any harm caused by your wrongful use of the services. Positive Mind Works reserves the right to refuse, limit or restrict her services to anyone, for any reason, at any time and at her sole discretion.
3. Use of the Service and Site
You, or anyone using this service, agree to not use the Services to:
- send or receive any content that is unlawful, offensive, malicious, abusive, harmful, threatening, tortious, defamatory, obscene, libellous, or otherwise objectionable;
- or to be in breach of confidence, copyright, privacy or any other rights;
- pretend to be any person or entity other than your true identity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
- non-conform with any acceptable use policies of any connected networks and general internet standards and protocols.
- use of the secure instant messenger/ chat service is subject to a fair use policy (please discuss with us any concerns you have regarding this)
The content available through the Site is the sole property of Positive Mind Works and is protected by copyright, trademark and other intellectual property laws. Content from Positive Mind Works, positivemindworks.com.au and positivemindworks.co.nz may not be used without prior written consent.
5. Warranties and Limitation of Liability
Disclaimer of Representations and Warranties And Limitation Of Liability
You represent that all information provided by you in connection with your use of our services is accurate and current. The materials and information you find on the positivemindworks.com.au and positivemindworks.co.nz websites are provided “as is”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, services, or products provided through or in connection with the positivemindworks.com.au and positivemindworks.co.nz web sites and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, unless such representations and warranties are not legally excludable.
You acknowledge and agree that Positive Mind Works, positivemindworks.com.au and positivemindworks.co.nz and/or its parent and affiliates will not be liable, under any circumstances or in any manner, however caused, for any indirect, special, incidental, or consequential damages of any kind (including any loss of use, lost data, lost business profits, business interruption, personal injury or any other pecuniary loss whether the action is in contract, negligence, or other tortious conduct. In particular, all responsibility or liability for any damages caused to computer systems, software or electronic files by computer viruses, “worms”, “trojan horses” or other items or forces of an intrusive, disruptive or destructive nature is disclaimed. These disclaimers of liability apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, negligence, other tortious behaviour, or any other cause of action. Regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Positive Mind Works, positivemindworks.com.au or positivemindworks.co.nz has been advised of the possibility of such damages. In no event shall Positive Mind Works, positivemindworks.com.au or positivemindworks.co.nz and/or its parent and affiliates maximum aggregate liability exceed the total amount paid by you for the services, but in no event greater than one hundred dollars (AD$100.00). Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the maximum extent permitted by law. In addition the products and services contained, described or featured on this website are only deemed to be offered for sale in jurisdictions where they may be legally offered for sale.
You agree to defend, indemnify, and hold Positive Mind Works and its subsidiary and its affiliated companies, directors, officers, employees, contractors and agents from and against all claims and expenses, including attorneys’ fees, arising from the use or misuse of this site by you or your user’s account. Positive Mind Works reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with in asserting any available defenses.
7. No Agency
Positive Mind Works, positivemindworks.com.au and positivemindworks.co.nz and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these agreed terms and conditions.
8. Refunds Policy
Both the User and Positive Mind Works have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services or subscriptions shall be refunded. Any future payment for subscriptions will no longer be deemed payable upon cancellation of the subscription.
9. Links from this Site
We do not monitor or review the content of other party’s websites which are linked to from this site. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Positive Mind Works will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Your rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of New Zealand as if the terms and conditions was a contract wholly entered into and wholly performed within New Zealand.
If there is a determination that any provision of these terms and conditions is invalid or unenforceable, that determination will not affect the rest of the terms and conditions and the terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Positive Mind Works and you in relation to such matters. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.
Either Positive Mind Works or User may terminate this Agreement at any time. Without limiting the foregoing, Positive Mind Works shall have the right to immediately terminate User’s Account in the event of any conduct by User which Positive Mind Works, in its sole discretion, considers being unacceptable, or in the event of any breaching by User of this Agreement.