TERMS AND CONDITIONS OF USE


Acceptance of Terms of Use

The website MindBody Mastery ("site") and the Mindbody Mastery program ("Program") are owned and operated by Imageryworks Pty Ltd ("Imageryworks", "us" or "we").

Members use of the site and your membership are conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (including the Privacy Policy) ("terms and conditions") and the terms and conditions are legally binding on you. You must read these conditions carefully before joining the Program and using the site.

Imageryworks reserves the right to amend the terms and conditions at any time. You will be deemed to have accepted the terms and conditions as amended by your continued use of the Program and/or access to the site.

Material is indicative only

The site allows members to access and interact with blogs, webinairs, podcasts, recorded and textual material and product information ("content"), which together provide support for your practice of the Program.

Information is also provided about the practice of meditation in general, including overviews of some of the research into the health benefits of meditation.

While the content makes reference to the beneficial outcomes of regular meditation, the practice of meditation is highly personalised and the outcomes of meditation will vary significantly from person to person. While it is hoped that the Program will contribute to a sense of wellbeing in its users, it is an introductory program only and Imageryworks makes no representations as to the health benefits of the Program. You should consult a doctor in relation to any health concerns you may have

Communication with Imageryworks

Once you register for the Program, you will receive daily emails and regular text-messages to assist you in your Program practice.

By registering for the Program you consent to being contacted by Imageryworks via email and text-message for the following purposes.

Because the Program is delivered to you via your email account, the emails are an essential part of the Program and cannot be deactivated. If you wish to opt out of the text-message services, this can be done by logging in to the website, going to the "settings" page and de-selecting "receive text message updates".

User-generated content

Grant of licence to Imageryworks

By posting content on the site, you are granting Imageryworks a non-exclusive, worldwide, irrevocable, royalty free licence to reproduce, alter, publish and promote the content on the site and in connection with the promotion of the Program without limitation.

You agree that Imageryworks is not required to credit or acknowledge you as the author of the any content you post to the site.

No liability for user-generated content

User-generated content represents the opinion of the individual member responsible for its posting only, and does not represent the views or opinions of the site, Imageryworks, its directors or employees nor constitute a representation by the site, Imageryworks, its directors or employees.

User-generated reviews and endorsements of products, including the Program, are not to be taken as reviews or endorsements by Imageryworks, nor as representations by Imageryworks

Imageryworks makes no warranties in regard to the suitability of any user-generated content for any particular audience. You acknowledge that users of the site may post content which is not suitable for children.

The site is unmoderated. If you have concerns about another members behaviour on the site, please contact us. If Imageryworks deletes or edits a comment, this does not imply endorsement of the remaining, unedited comments.


Restrictions on your use
    You agree you will not
  1. use the site to reproduce third-party copyright materials;
  2. provide your password to any other person;
  3. post malicious, defamatory, abusive, off-topic, misleading or deceptive comments;
  4. send unsolicited advice or engage in any activity which could be construed as spamming
  5. disclose identifying, personal, private or health-related information about any third party, including other members, without their express, written permission;
  6. use the site to advertise, endorse, promote or sell any goods or services;
  7. translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the site, the Program or any part of them;
  8. circumvent any technology used by the site to protect content accessible via the site;
  9. copy, store, edit, change, prepare any derivative work of or alter in any way any of the material appearing on the site;
  10. rent, lease or sublicense the site or any part of it or use it on any commercial basis except under a separate written agreement with Imageryworks if so negotiated between the parties; or
  11. use the site in any way that violates these terms and conditions.

Imageryworks reserves the right (but is not obliged) to delete or edit any material posted by members on the site and to ban any member who violate the terms and conditions. In the event that a member is banned for violating the terms and conditions, the subscription fee will be forfeited by the member and they will not be entitled to any refund of amounts paid at the date of termination.

Indemnity

You agree to indemnify Imageryworks and keep Imageryworks, its officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including legal fees, resulting from any breach of these terms and conditions or any activity related to your registration (including negligent or wrongful conduct) by you or any other person using your registration.

Social media

If you choose to provide your Facebook and Twitter account details, you will be prompted at intervals to share your progression through the Program with your social media connections.

Links

The site may present links to third-party sites or third-party services not owned or operated by Imageryworks. We are not responsible for the availability of these third-party sites or services or their contents

Accessing a linked site from this site does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of Imageryworks as to the accuracy, completeness, copyright status or up to date nature of the information contained on the linked site. Imageryworks will not be liable to the reader or any third party for losses, costs, damages or other expenses incurred as a result of such access and the use of any information contained on a linked site

The provision of a link to a third-party site does not:

    The provision of a link to a third-party site does not:
  1. constitute express or implied authority to infringe copyright in any material contained on the linked site; and/or
  2. imply any connection, sponsorship, endorsement or affiliation between the linked site and this site or Imageryworks.
Liability

The site (including any software contained in the site) and any upgrades or plug-ins and any licensed content is licensed to you "as is". Any use of the site will be at your own risk. To the maximum extent permitted by law, Imageryworks disclaims all warranties, either express or implied, including but not limited to implied warranties of fitness for a particular purpose, title and non-infringement. Imageryworks makes no representations or guarantees that use of the site or the Program will be free from loss, damage, corruption, attack, viruses, interference, hacking or other security intrusion, and Imageryworks disclaims any liability thereto

You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content contained within the site and the Program.

Imageryworks makes no guarantees, representations or warranties that use of, or content on, the site will be accurate, reliable, current, uninterrupted or without errors. Without prior notice Imageryworks may modify, suspend or discontinue the site and your use of it. Whenever Imageryworks elects to modify, suspend or discontinue the site it will not be liable to you or any third party.

You acknowledge that your use of the site and the Program is at your own risk. Imageryworks is not liable for any loss or damage relating to such use.

You understand that you may encounter offensive, indecent or other objectionable content when using the site. Imageryworks is not liable for any such content.

Some of the content, products and services available to you through the site may include material that belongs to third parties. You acknowledge that Imageryworks assumes no responsibility for such content, products or services.

Termination

These terms and conditions shall continue to have full force and effect until terminated by Imageryworks.Imageryworks reserves the right to terminate this agreement and your access to the site at any time for any reason. The terms and conditions relating to intellectual property, your licence to Imageryworks, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.

Intellectual Property

All information, text, material, graphics, software, design, data, video and film on the site ("material") are Copyright © 2011 Imageryworks Pty Ltd unless expressly indicated otherwise.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided on the site, or expressly authorised in writing by Imageryworks.


PRIVACY POLICY


This Privacy Policy explains how your personal information will be treated when you use the site or when you become a member or use any goods or services (including the Program) offered to you by or on behalf of Imageryworks.

Personal Information is any information about you where your identity is apparent, or can reasonably be ascertained, from the information ("Personal Information").

By providing your Personal Information to Imageryworks, through the site, over the phone, via email, or via an Imageryworks affiliate or distributor, you agree to the collection, use and disclosure of that information in accordance with this Privacy Policy. If you do not consent to these uses of your Personal Information, we cannot provide you with the Program

  1. What this policy is about
  2. This policy explains the key measures we have taken to implement the requirements of the Privacy Act 1998, which implements the National Privacy Principles. It aims to answer the questions you might have about how we collect, use and disclose your Personal Information. If you have any further questions about Imageryworks privacy practices, please contact us at info@mindbodymastery.net

  3. What information we collect from you
  4. We hold information that you have provided to us about yourself, and information about your use of our services such as the Program. The information that we collect will depend on how you use the services offered by Imageryworks. Information that you might have provided to us includes:

  5. What we do with this information
  6. We collect information about you to provide you with membership of the site and to download the Program, and to offer you other Imageryworks products and services. We may also use Personal Information for related purposes such as

    We may share overall visitor trends and other generic information collected on this site with third parties but we do not pass on any personal details or personally identifiable information except for in accordance with this Privacy Policy.

  7. How long we will you keep your Personal Information
  8. We will keep your Personal Information for as long as it is required to provide you with our services and to comply with legal requirements. If we no longer require your Personal Information for any purpose, including legal purposes, we will take reasonable steps to securely destroy or permanently de-identify your Personal Information.

  9. Sharing your information with others
  10. Imageryworks recognises the trust you place in us when you give us your Personal Information. Other than disclosure to service providers (explained below) or as required by law (for example, disclosure to various Government departments or to courts), our policy is that we do not give your Personal Information to other organisations unless you have given us your consent to do so.

    We may share your Personal Information with certain third parties, such as the providers of the electronic systems we use to collect and store your Personal Information; banks and financial institutions you use to make payments to us; and other service providers we use to help us run aspects of our business efficiently. Occasionally Imageryworks might also use your Personal Information for other purposes or share your information with another organisation because:

    When we share information with other organisations and service providers as set out above, we do so in accordance with this Privacy Policy. To the extent that these organisations and service providers gain access to your Personal Information, they are covered by strict privacy rules that prevent them from keeping this information or using this information for any other purpose.

  11. Collection of information from the site
  12. The site is designed to give you useful information about Imageryworks and the Program. To assist us in doing this, we collect visitor information related to browser and operating systems. We also use cookies to ensure you can make online transactions securely. 'Cookies' are alphanumeric identifiers that are stored by your web browser on your computer's hard-drive that enable our system to recognise you when you visit the site. This helps Imageryworks to track basic visitor information so we can better tailor the site to our visitors' needs. Most web browsers automatically accept cookies but you can disable this function by changing your browser settings if you so wish.

  13. Accessing information we keep about you
  14. You can access the Personal Information we hold about you at any time. Simply contact us to make your request at info@mindbodymastery.net

    We will always endeavour to meet your request for access. However, in some circumstances we may decline a request for access. This includes the following circumstances:

    If we decline your request for access, we will give you reasons for our decision when we respond to your request.

    We reserve the right to charge you a reasonable fee for access to some types of information. These charges will be limited to the cost of recouping our expenses for providing you with information. For example, document retrieval, photocopy, labour and delivery to you. We will not charge you to make a request to access your information.

  15. Changing or deleting the information
  16. To provide you with the best possible service, it is important that the information we hold about you is accurate. We will take all reasonable steps to ensure that your Personal Information is accurate, complete and up-to-date at the time of collecting, using or disclosing the information.

    If you believe that any information we hold about you is inaccurate, incomplete or out-of-date, you should notify us. We will do our best to correct it or delete it, unless we need to keep if for legal reasons.

  17. Security
  18. Imageryworks endeavours to take all reasonable steps to keep your Personal Information secure. We store this information on secure servers that are protected in access-controlled facilities. Once it is stored on our servers, only authorised users can access your Personal Information, and access is only for approved purposes. Imageryworks is not responsible for any third-party access to your Personal Information as a result of:

    nor for any losses, expenses, damages and costs, including legal fees, resulting from such access.

  19. Providing information on other sites
  20. Mindbody Mastery provides links to some other sites outside Mindbody Mastery. Sometimes other sites - such as the sites of our affiliates and distributors - link back to the Mindbody Mastery site. These linked sites are not under our control, so we are not responsible for the conduct of companies linked to our site. Before you enter information on to those sites, you should look at their privacy policy and terms and conditions of use.

  21. What to do if you have a problem, question or complaint
  22. If you have any further queries relating to our Privacy Policy, or you have a concern, please contact Mindbody Mastery at info@mindbodymastery.net. If Imageryworks becomes aware of any ongoing concerns or problems with customer information, we will take these issues seriously and work to address these concerns.

  23. Changes to this Privacy Policy
  24. From time to time, our policies will be reviewed and may be revised. Imageryworks reserves the right to change this Privacy Policy at any time and notify you by posting an updated version of the Policy on our site. Before providing us with Personal Information, please check this Policy on the site for any changes.

    This Privacy Policy was last updated in December 2011