Effective Date 19 April 2021

Your Privacy and Mind Cultivation (ABN 24 353 449 600) (collectively and individually referred to as “Mind Cultivation”, “I”, “my”, or “me”).

INTRO

Who we are and how you can contact us

This website is owned and operated by Rebecca Niebler. I am committed to protecting your privacy and respect and uphold your rights when you use this Site. This Privacy Policy applies to the products and / or service I provide on my Site (www.mindcultivation.com.au) (“Site”) and my social media channels and explains how I collect, hold, use and disclose data and comply with the requirements of the Privacy Act 1988 (Cth) and constitutes part of my Website Terms & Conditions.

You can contact me for privacy related questions by emailing me at info@mindcultivation.com.au

I will only use your personal information in compliance with Australian Privacy Laws (Privacy Act (1988 (Cth)), Australian Privacy Principles and to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation or guidelines and standards governing the use, storage or transmission of personal data.

My role in your Privacy

If you are a customer, subscriber or just a visitor on my Site, this Privacy Policy will apply to you.

My responsibilities

As I am the provider of the products and services on this Site, I determine how and why your data is processed. I do not sell or rent your details to any third parties. I am committed to protecting your privacy and I want you to know exactly what information is collected and how I use it.

Your responsibilities

  • Please read this Privacy Policy and the Website Terms & Conditions.
  • If you provide me with any data relating to a third party, you confirm that you have the right to authorise me to process that data on your behalf in accordance with this Privacy Policy.

When and how I may collect data

I may collect data when:

  • You purchase a session, webinar, program or service
  • You interact with me on social media
  • You complete any sign-up forms or send me a direct message via social media or an email to a Mind Cultivation email address
  • You participate in events, promotions and giveaways or any request for additional data such as customer surveys
  • You voluntarily submit your data to me for any reason

Types of Data I may collect (including automatically)

  • Contact details (name, address, email)
  • Financial Information (e.g. bank details when you are making a purchase)
  • Your business name (sometimes)
  • Basic information about your business and its history (sometimes)
  • Data about the products or services you purchase

How and why I use your Data and disclosure

I will only use your data for specific reasons and where I have the legal basis to do so.

I will use your data for the purposes it was collected and related purposes including:

  • To run and improve my Site
  • Provide you with products, information and services
  • Provide Customer support
  • Track your purchase history
  • Make your experience on my Site more efficient and enjoyable
  • Provide you with information about events, other products or services or opportunities that may be of interest
  • Marketing (with your consent)

From time to time, I may engage third parties to provide you with goods or services on my behalf. In that circumstance, I may disclose your personal information to those third parties in order to meet your request for goods or services.

What are your choices?

Don’t provide me with personal data

You can choose not to provide me with any personal data. However if you do this, I may not be able to provide you with any products or services, however, you can continue to use my Site and browse its pages.

What are your rights?

You can exercise your rights at any time by contacting me via the contact page on my Site or via info@mindcultivation.com.au

Inaccurate information

You can contact us to ask us to correct any information I hold about you, that you believe is inaccurate.

I will endeavour to take all reasonable steps to keep secure any information which I hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact me to have the information corrected.

Objections to using data for profiling or automated decisions

I may use your data to determine what products and services are relevant to you (e.g. tailoring my emails based on your behaviour). Otherwise, the only circumstances in which I will use this data is to provide our products and services to you.

You have the right to be forgotten

You have the right to request for your data to be erased. This means I have to delete all information that I hold about you, except to the extent of any information I am required to hold due to our legal obligations.

You have the right to make a complaint regarding the use of your data

If you have any concerns or complaints regarding how your data is handled, please contact me. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner.

How secure is the data collected

I strive to ensure the security, integrity and privacy of personal information submitted to my sites, and I review and update my security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

However, I will endeavour to take all reasonable steps to protect the personal information you may transmit to me or from my online products and services. Once I do receive your transmission, I will also make my best effort to ensure its security on my systems. I do not store your payment details.

Where is data stored

I use service providers based in Australia. If I transfer personal data outside of Australia, I will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place to protect data shared.

How long I store data

I will keep your data for as long as I need it and this period will also depend on your interactions with me. If you have made a purchase with me, I will keep a record of your purchase for the period necessary for invoicing and tax purposes. When we I longer need to keep your information, I will delete it permanently or anonymise Data which is no longer necessary.

Third parties who process your data

I share data with third parties in the following circumstances:

  • Suppliers and service providers working for me e.g. payment processors
  • My professional and legal advisors
  • Third parties engaged in fraud prevention and detection
  • Law enforcement or other government authorities
  • Share with third parties who enable me to provide my products and services which may include:
    • payment processors such as Stripe, PayPal, Xero, who may process your payment for any products and services bought from me;
    • Social media and analytics such as Instagram and Google Adwords for purpose of custom audience generation and the development of targeting criteria;
    • Other third parties such as Zoom, MailChimp for processing and holding Data that enables me to ensure you are kept informed of all course information, logins and marketing material, offers, promotions, newsletters, blogs and video training.
  • Where I have your consent to do so or otherwise where I am legally permitted to do so.

Governing law

This Privacy Policy and your use of this Site is governed in all respects by the laws of Australia.

Updates to our Privacy Policy

Please make sure to check in on my Privacy Policy periodically, as I may update this Privacy Policy from time to time in order to reflect, for example, changes to my practices or for other operational, legal or regulatory reasons. I will always ensure that the current date of the Privacy Policy also known as the “Effective Date” is prominently displayed at the very top of this Privacy Policy so you know it’s the latest version.

WEBSITE TERMS AND CONDITIONS

Effective Date: 19 April 2021

Please take the time to read the terms of use that are applicable to Your use and enjoyment of this Site and the content made available to You via this Site and my social media channels (“Terms”). These Terms together with my Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).

CONSENT TO SITE TERMS

By accessing and using this Site, my social media channels and any other materials made available to You or provided to You on this Site, whether made available for purchase or not, You are taken to accept these Terms.

CHANGES TO THESE TERMS

I reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date I post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout Your use of Our Site and services. If at any time You choose not to accept these Terms, you should not use this Site.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you during your use of the Site. If you are uncertain about the Terms or anything else on my Site, please don’t hesitate to contact me before completing any purchase.

INTELLECTUAL PROPERTY

The Site, sessions, products and services contain intellectual property owned by me and/or by third-parties that license the content to me (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the sessions, products and/or the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the sessions, products and/or the services or the content.

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, the sessions, products and/or services or the content, my Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without my prior written consent. This includes access to coaching booklets and other tools, value cards and training materials. I reserve the right to immediately remove your access to my Site, sessions, products and services, content, without refund, if you are found to be violating these Terms.

Free or paid content

Where you download or purchase my digital products (including infographics, checklists, guides, ebooks, workbooks, video or audio content) (Digital Products) you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without my express written consent. I reserve the right to accept or refuse to provide the products and/or services to you at any time for any reason.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.

LINKS TO OTHER WEBSITES

My Site and social media channels may have links to other sites operated by third parties. Unless I expressly tell you otherwise, I do not in any way, endorse, control or approve of and nor am I responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and I recommend that you investigate and do your homework to find that out.

PRIVACY

These Terms also include my Privacy Policy which sets out how I use your personal information. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

My sessions and/or services may require you to disclose personal information. This will be kept with utmost confidentiality. I am required by law to keep your personal information confidential unless I am legally required to disclose it for personal or public safety reasons.

PRICES AND PAYMENT

All prices are in Australian Dollars (AUD). The prices indicated on the Site may change at any time without advance notice to you. If you have purchased my sessions, products or services, it will be charged at the price in force at the time a customer’s order is validated.

I reserve the right at any time to modify or discontinue any sessions, products or services without notice at any time. I shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the sessions, products or services.

I may offer visitors who want to purchase from my Site the option to pay for the session, products and / or services by credit card or such other method of payment as notified by me from time to time. You acknowledge and agree to make timely and full payments to me for the sessions, products and/or services purchased. Where you use a credit card, you warrant that You have the necessary rights and authority to use that credit card. Where You fail to make payment or payment is declined for any reason, I may revoke your access to the sessions, products or the services.

I reserve the right to cancel any order where I suspect that there is fraud or other types of illegal or unauthorised activity.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from me solely by means of electronic transmission. You further acknowledge and agree that when You click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written Your signature by hand.

INFORMATION AND ADVICE

My Site may have articles and content that are of a general nature and not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional. I do not accept responsibility for determining whether my sessions, products and/or services are appropriate for you. I reserve the right to deny service and refund the cost of that session, product and/or service for any reason including where I believe that the session, product and/or service would be dangerous or would not be appropriate for you, or where I believe that further professional advice should be sought.

By referencing or referring to anything on my Site including sessions, products or services any processes or other information, this does not constitute or imply my endorsement, sponsorship or recommendation in any way.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

I always appreciate interaction on my social media channels and feedback about my Site, sessions, products and services, as it helps me to improve my Site and my sessions, products and services. Through the use of this Site, you may be invited to submit a review. You can also comment interact with me via my social media channels. I love to hear from you!

Where you do decide to submit such feedback or comments, you represent and warrant that:

  1. You are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
  2. give me permission to post or otherwise use that feedback on my social media or other channels;
  3. You waive any and all existing and future moral rights (as defined in the Copyright Act 1968(Cth) in the content you provide us;
  4. the content does not violate these Terms; and
  5. You are at least 18 years old.

We reserve the right to remove a review or comment if such review or comment contains:

  1. libelous or otherwise unlawful, abusive or obscene material;
  2. attacks myself or any other contributor;
  3. contains material that discloses your personal information; or
  4. is unrelated to the post or content to which you have reviewed or commented on.

My Site and social media channels may feature user reviews of the products and/or services as well as blogs by guest bloggers, these reviews and content of the guest blogs in no way represent the views or opinions of Mind Cultivation or its owners, shareholders, employees or others, but are the sole product of its creator. We disclaim all liability with respect to any content submitted by the user or guest blogger.

TESTIMONIALS

On my Site I may present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of my programs, courses, products and/or services will achieve the same or similar results.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances use the Site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, or state regulations, rules, laws, or local ordinances;
  4. attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site;
  5. hack into any aspect of the Service; corrupt data; cause annoyance to other users;
  6. infringe upon the rights of any other person’s proprietary rights;
  7. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
  8. attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law I make no representations or warranties about my Site and / or the sessions, products or services including that:

  1. they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
  2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
  3. there is no possibility of failure to store communications or other data.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event am I responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of my Site and /or my sessions, products or services, your inability to access my Site, interruption or outage of my Site or the fact that content on my Site or in my services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

MY RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold me and my related entities, affiliates, and my and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or Your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated:

  1. where you breach any provision of these Terms; or
  2. at any time by me without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

CEASING MY WEBSITE
I have the right to discontinue this Site. If I decide to do this, it can be at any time and may be without notice to you. I may also exclude any person from using my Site, at any time and at my sole discretion. I will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, I ask that you contact me in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.

SHIPPING AND REFUNDS POLICY

Effective Date: 19 April 2021

Standard Shipping

Standard shipping parcels are sent via Australia Post. Your orders will be dispatched and posted within 5 business days.

Disclaimer

Once a parcel has been delivered to your delivery address, I take no responsibility for any damage or theft that may occur. If you will not be present to accept delivery of your parcel or feel that your address is unsafe to leave a parcel unattended, I recommend sending your order to a work address.  Where providing a work address, please always include the level (if a multi storey building) and the name of the company as Australia Post may return to sender if you do not make these details clear. 

Please note that the delivery times specified are approximates as provided by Australia Post, I cannot guarantee these delivery times.

No Refund for Items on Sale

All sales items or discounted items are final unless an item is proven to be damaged or faulty.

Damaged or Faulty Products

I take care to pack your products carefully so that they won’t get damaged in transit.  If, for whatever reason, they arrive damaged or faulty, we ask that you let us know within 5 days of receiving them in the mail.

I will arrange for the damaged or faulty product to be returned to us and you can let me know whether you would like me to either:

  • send a replacement to you; or
  • provide you with a refund.

Please see details below on how to organise a return.

How to return products

To return a wrong,  faulty or damaged product, please follow the simple steps below:

  1. To let me know the issue and that you would like to arrange a product return. I will advise the best address for you to send the products to. Contact me via info@mindcultivation.com.au.
  2. Pack and seal the item/s in their original shipping package and post them back to me.
  3. I will organise a refund or replacement depending on the option you have selected.  Please allow for up to 14 days to process a refund.  Note that replacement delivery timeframes are subject to stock availability.

Will you refund my postage costs to return an item?

I am more than happy to refund postage costs to return an item where the return is required due to our error for example:

  • If the item is damaged or faulty; or
  • If we sent you the wrong item.