Meta is a program about taking care of our minds through creative expression. The program aims to encourage discussion about proactive strategies that help look after our mental health.

Mind

Our minds are problem-solving machines that can sometimes overwhelm us with excessive thought. Through creative activity we can cultivate mindfulness and harness its full calm potential.

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Emotions

We each can experience a range of emotions. Creativity allows the opportunity to explore what we feel and how we want to express it.

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Thoughts

Thoughts are powerful prompts that can govern our actions. Yet, thoughts are not facts, and therefore through noticing and observing them, we can decide how to react to them.

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Attention

We each can experience a range of emotions. Creativity allows the opportunity to explore what we feel and how we want to express it.

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1. Terms of Use

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).

1.2 By displaying, registering on or using the Website, you agree to be bound by the terms and conditions set out below (Terms of Use).

1.3 In these Terms of Use, a reference to “we” or “us” is a reference to Smiling Mind.

1.4 A reference to “you” or “your” in these Terms of Use is a reference to any person accessing, viewing or using the Website, including a Registered User.1.5 These Terms of Use also incorporate and include the Smiling Mind Privacy Policy available at smilingmind.com.au/privacy-and-terms

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.

2.5 You acknowledge that you have no rights in, or to, the Website or technology used to support the Website, other than the right to use the Website in accordance with the Terms of Use.

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:

(a) not use the Website for any purpose not permitted under the Terms of Use;

(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;

(j) not breach any other terms of the Terms of Use or our Privacy Policy.

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).

6.4 You, insofar as you are able, waive all your rights (including Moral Rights) in respect of any User Content and voluntarily, unconditionally and irrevocably, to the fullest extent permitted by law, consent to Smiling Mind, or persons authorised by Smiling Mind, doing, or omitting to do, with respect to any User Content, any act which would otherwise infringe your rights (including Moral Rights).  For the purposes of these Terms of Use, Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).

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.

7.5 Third party websites and applications may be governed by their own terms and conditions (including their privacy policy), which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.

8. Suspension or Termination

8.1 We reserve the right to suspend or terminate your access to the Website at our sole discretion, including if we believe there has been a breach of these Terms of Use.

8.2 If we suspend or terminate your access to the Website due to a breach of these Terms of Use, we will use reasonable efforts to notify you of the breach and ways in which you can remedy it.

8.3 We reserve the right to cease operating the Website at any time, without notice, and to terminate this agreement under the Terms of Use.

8.4 You have the right to terminate this agreement under the Terms of Use by ceasing use of the Website.

9. Warranties

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

10.1 We acknowledge that under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth)), certain statutory expressed and implied guarantees and warranties may be implied into these Terms of Use (Non-Excluded Guarantees). Nothing in these Terms of Use purports to modify or exclude the Non-Excluded Guarantees.

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).

10.4 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with any breach by you of the Terms of Use or of any other legal obligation by you or your use of, or conduct on, 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.

11. Privacy

11.1 You acknowledge that information about you, including information provided upon becoming a Registered User or any information submitted as part of any User Content will be collected, held and used by us in accordance with our Privacy Policy smilingmind.com.au/privacy-and-terms.

12. General

12.1 We reserve the right to amend, modify, add, delete and make corrections to the Terms of Use at any time as follows: (i) if the we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms of Use (as applicable) on the Website; and (ii) if we consider that the change is likely to have a significant detrimental impact on your rights or obligations under these Terms of Use and you have provided us with an email address, we will make the change after we have notified you of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change. Your continued use of the Website after an amendment will mean that you agree to that amendment. You must stop using the Website if you do not agree to an amendment. 

12.2 If any part of the Terms of Use are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms of Use shall continue in full force and effect.

12.3 No waiver of any breach of the Terms of Use will be construed as a waiver of any other breach of the Terms of Use.

12.4 The Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms of Use will be heard in Victoria and you agree to submit to the jurisdiction of those courts.

12.5 For further information on using the Website, please contact Smiling Mind at info@smilingmind.com.au.   

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