1.1 The website, located at https://wearemeta.com.au , is owned and operated by Smiling Mind Pty Ltd ACN 161 428 459 (Smiling Mind).
2. Registration and Use
2.1 You may use the Website to view information and material and to participate in the META mindfulness program.
2.2 You may only use the Website: (i) for personal use; (ii) as part of a workplace program provided by Smiling Mind; or (iii) if you are an educator within a school or early learning facility, to incorporate mindfulness programs and teachings in the lessons you deliver to students.
2.3 You may access the Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website will otherwise depend on factors outside our control and we do not guarantee that the Website will be available at all times or accept any responsibility for factors outside of our control such as the quality of your internet connection, the type of computer or mobile device used to access the Website and your software.
2.4 The Website is available on devices running compatible internet browsers. If the requirements for any compatible internet browser change, you may need to download or perform updates if you would like to continue your use of the Website. We do not accept any responsibility if your use of the Website is affected during this time.
If you leave a comment on our site you may opt in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
3. Registration and Email Notifications
3.1 In order to subscribe to receive communications (including communications promoting our Website and other products and services) via email (Email Notifications), you will need to register as a user (Registered User).
3.2 When you become a Registered User you agree to us sending you Email Notifications. If you have agreed to receive Email Notifications, you may choose to stop receiving them at any time by clicking the “unsubscribe” link at the bottom of our Email Notifications.
3.3 If you agree to receive Email Notifications, we will send emails to your nominated email address and you acknowledge and consent to receipt of those Email Notifications.
3.4 You agree to provide accurate and complete information when you become a Registered User.
4. Limitations on Use
4.1 By accessing and using the Website you warrant and agree that you will:
(b) not use the Website for any commercial purpose without our prior written consent;
(c) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;
(d) not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
(e) not use the Website for any activity which is obscene, indecent, offensive or defamatory;
(f) not hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or any information contained within it;
(g) refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website;
(h) not use the Website with an incompatible or unauthorised device;
(i) refrain from uploading onto the Website any material, or use the Website in any way which:
(i) infringes the intellectual property rights of any person; or
(ii) is unlawful or violates any law;
5. Technical Information and Security
5.1 The transmission of data over the internet and/or cellular network is not always secure. Although we endeavour to secure the Website, you access the Website at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise which arises in connection with your use of the Website.
5.2 You acknowledge that it is your responsibility to:
(a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and
(b) ensure that whatever you select for your use in the Website is free of viruses of anything else that may interfere with or damage the operations of your computer of mobile device.
5.3 We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.
6. Intellectual Property
6.1 The Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things (Intellectual Property Rights).
6.2 All Intellectual Property Rights in the Website are owned by Smiling Mind or its licensors and unless permitted by law, you must not:
(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
(b) commercialise any information, products or services obtained from any part of Website without our prior written consent.
6.3 By using the Website, you hereby grant Smiling Ming a perpetual, non-exclusive, transferable, fully-paid up licence (including the right to sublicense) to use, modify, publish and communicate to the public all material you create on, or upload to, the Website (User Content).
6.5 You indemnify Smiling Mind, and will hold Smiling Mind harmless, against all actions, claims, charges, costs (including legal costs on a full indemnity basis), expenses, losses, damages and other liability that we may sustain or incur, directly or indirectly, as a result or as a consequence of a claim that the whole or any part of any User Content infringes the Intellectual Property Rights or other rights of any person.
7. Third Party Websites and Applications
7.1 The Website may contain links to websites and applications owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites and mobile applications.
7.2 Links to third party websites and mobile applications are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.
7.3 We make no representations or warranties and are not liable for:
(a) the content or accuracy of any information contained in linked websites and applications and third party websites and applications; and
(b) any loss or damage suffered as a result of access to, or use of, these third party websites and mobile applications, or the reliance on the information contained within.
7.4 You must make your own enquires as to the suitability of the content of third party websites and applications and the goods and services available for sale on them.
8. Suspension or Termination
9.1 By using the Website, you warrant and agree that:
(a) your use of the Website is for: (i) your own personal use; (ii) use in connection with a workplace program provided by Smiling Mind; or (iii) if you are an educator within a school or early learning facility, to incorporate mindfulness programs and teachings in the lessons you deliver to students; and
(b) you are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to become a Registered User or otherwise use the Website;
9.2 While we endeavour to ensure the accuracy and completeness of the information contained on the Website, that information may contain errors and omissions and is subject to change.
9.3 To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:
(a) any material and/or information on the Website (including in any Email Notifications);
(b) the performance and availability of the Website (including any Email Notifications); and
(c) the loss, damage or corruption of any data or other material as a result of the use of the Website (including any Email Notifications).
9.4 To the maximum extent permitted by law, we make no warranties or guarantees that the use of the Website will achieve your desired state of clarity, calm and contentment or improve your mental state. The information, courses and programs provided on the Website are intended for the benefit of the general public and are not medical advice or intended to replace or substitute advice from a qualified health care professional.
10. Limitation of Liability
10.2 To the maximum extent permitted at law, the liability of Smiling Mind and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns, for a failure to comply with a Non-Excluded Guarantee, is limited to, at Smiling Mind’s option:
(a) the replacement of the Product or the supply of the equivalent Product;
(b) the payment of the cost of replacing the Product or of acquiring equivalent Products;
(c) the repair of the Product; or
(d) the payment of the cost of the having the Product repaired.
10.3 In circumstances where the Non-Excluded Guarantees do not apply, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude all liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to the service we provide (including in any way related to your use of the Website).
10.5 You acknowledge that you do not rely on our skill or judgment or any representations made by us when deciding whether or not anything on the Website or in any Email Notifications are fit for any particular purpose.
12.5 For further information on using the Website, please contact Smiling Mind at email@example.com.