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Terms & Conditions

Introduction

QUALITY MIND WEBSITE OR APPLICATION TERMS AND CONDITIONS

These terms and conditions govern your use of this website or application (app); by using this website or app, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or app.

License to use website or app

Unless otherwise stated, Quality Mind Global and/or its licensors own the intellectual property rights in the website or app and material on the website or app. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website or app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website or app (including republication on another website or app);
  • sell, rent or sub-license material from the website or app;
  • show any material from the website or app in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website or app for a commercial purpose;
  • edit or otherwise modify any material on the website or app; or
  • redistribute material from this website or app except for content specifically and expressly made available for redistribution.
    Where content is specifically made available for redistribution, it may only be redistributed within Quality Mind Global.

Acceptable use

You must not use this website or app in any way that causes, or may cause, damage to the website or app or impairment of the availability or accessibility of the website or app; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website or app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website or app without Quality Mind Global’s express written consent.

You must not use this website or app to transmit or send unsolicited commercial communications.

You must not use this website or app for any purposes related to marketing without Quality Mind Global’s express written consent.

Restricted access

Access to certain areas of this website or app is restricted. Quality Mind Global reserves the right to restrict access to [other] areas of this website or app, or indeed this entire website or app, at Quality Mind Global’s discretion.

If Quality Mind Global provides you with a user ID and password to enable you to access restricted areas of this website or app or other content or services, you must ensure that the user ID and password are kept confidential.

Quality Mind Global may disable your user ID and password in Quality Mind Global’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or app, for whatever purpose.

You grant to Quality Mind Global a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Quality Mind Global the right to sub- license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Quality Mind Global or a third party (in each case under any applicable law).

You must not submit any user content to the website or app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Quality Mind Global reserves the right to edit or remove any material submitted to this website or app, or stored on Quality Mind Global’s servers, or hosted or published upon this website or app.

Notwithstanding Quality Mind Global’s rights under these terms and conditions in relation to user content, Quality Mind Global does not undertake to monitor the submission of such content to, or the publication of such content on, this website or app.

Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription

All amounts are payable and charged: (i) For monthly, bi-annual and yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly, bi-annual or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.

Changes to Price Terms for Subscriptions

Quality Minds reserves the right to change its pricing terms for Subscriptions at any time and Quality Minds will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Quality Mind’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Quality Minds regarding future functionality or features.

No warranties

This website or app is provided “as is” without any representations or warranties, express or implied. Quality Mind Global makes no representations or warranties in relation to this website or app or the information and materials provided on this website or app.

Without prejudice to the generality of the foregoing paragraph, Quality Mind Global does not warrant that: l this website or app will be constantly available, or available at all; or

l the information on this website or app is complete, true, accurate or non-misleading.
Nothing on this website or app constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.]

Limitations of liability

Quality Mind Global will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website or app:

l [to the extent that the website or app is provided free-of-charge, for any direct loss;]
l for any indirect, special or consequential loss; or
l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships,

loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Quality Mind Global has been expressly advised of the potential loss.

Exceptions

Nothing in this website or app disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website or app disclaimer will exclude or limit Quality Mind Global’s liability in respect of any:

l death or personal injury caused by Quality Mind Global’s negligence;
l fraud or fraudulent misrepresentation on the part of Quality Mind Global; or
l matter which it would be illegal or unlawful for Quality Mind Global to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website or app, you agree that the exclusions and limitations of liability set out in this website or app disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website or app.

Other parties

You accept that, as a limited liability entity, Quality Mind Global has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Quality Mind Global’s officers or employees in respect of any losses you suffer in connection with the website or app.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website or app disclaimer will protect Quality Mind Global’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Quality Mind Global.

Unenforceable provisions

If any provision of this website or app disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website or app disclaimer.

Indemnity

You hereby indemnify Quality Mind Global and undertake to keep Quality Mind Global indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Quality Mind Global to a third party in settlement of a claim or dispute on the advice of Quality Mind Global’s legal advisers) incurred or suffered by Quality Mind Global arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have

breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Quality Mind Global’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Quality Mind Global may take such action as Quality Mind Global deems appropriate to deal with the breach, including suspending your access to the website or app, prohibiting you from accessing the website or app, blocking computers using your IP address from accessing the website or app, contacting your internet service provider to request that they block your access to the website or app and/or bringing court proceedings against you.

Variation

Quality Mind Global may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website or app from the date of the publication of the revised terms and conditions on this website or app. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Quality Mind Global may transfer, sub-contract or otherwise deal with Quality Mind Global’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, constitute the entire agreement between you and Quality Mind Global in relation to your use of this website or app, and supersede all previous agreements in respect of your use of this website or app.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Victorian law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Victoria.

Quality Mind Global’s details

The full name of Quality Mind Global is Quality Mind Global Pty Ltd.
Quality Mind Global is registered in Victoria, AUSTRALIA under registration number 36168501808. Quality Mind Global’s registered address is 2/419 Bay Street, Brighton, Victoria, 3186, AUSTRALIA. You can contact Quality Mind Global by email to support@qualitymindglobal.com