Logo for "Mindful Mind" featuring a profile silhouette with plant growth representing counseling and consultancy.

Website Terms and Conditions

Last Updated: 25 April 2025

Welcome to the Mindful Mind Counselling & Consultancy website (the "Website"). By accessing or using this Website, you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully. If you do not agree with these Terms, you should not access or use this Website.  

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("you," "your," or "User") and Mindful Mind Counselling ("we," "us," or "our"). Your access to and use of the Website signifies your acceptance of these Terms and our Privacy Policy (available at Privacy Policy).

2. Use of the Website

  • You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website.  

  • You must not use the Website in any way that is fraudulent, unlawful, illegal, or harmful, or in connection with any such activity.  

  • You must not attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.  

  • You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.  

3. Intellectual Property  

  • All content on this Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software (the "Content"), is the property of Mindful Mind Counselling & Consultancy or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.  

  • You may access and view the Content for your personal, non-commercial use only.  

  • You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without our prior written consent, except as follows:

    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.  

    • You may store files that are automatically cached by your Web browser for display enhancement purposes.

    • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.  

  • Our name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks and must not be used without our prior written consent.

4. Disclaimer of Warranties

  • The information provided on this Website is for general informational purposes only and does not constitute professional advice. You should consult with a qualified professional for advice tailored to your specific circumstances.  

  • While we endeavour to ensure that the information on this Website is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.  

  • We do not warrant that the Website will be available at all times, uninterrupted, secure, or free from errors, viruses, or other harmful components.  

5. Limitation of Liability

  • To the maximum extent permitted by law, Mindful Mind Counselling & Consultancy, its affiliates, officers, employees, agents, suppliers, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your access to or use of, or your inability to access or use, the Website or any Content, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.  

  • If you are dissatisfied with any portion of the Website or with these Terms, your sole and exclusive remedy is to stop using the Website.  

  • Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable Australian law.  

6. Links to Third-Party Websites

The Website may contain links to third-party websites that are not owned or controlled by Mindful Mind Counselling & Consultancy. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Mindful Mind shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites. We encourage you to review the terms and conditions and privacy policies of any third-party websites you visit.  

7. Termination

We may terminate or suspend your access to all or any part of the Website at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, disclaimers of warranties, limitations of liability, and governing law.  

8. Governing Law and Jurisdiction

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. You agree that any legal suit, action, or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the courts located in Australia, and you hereby irrevocably submit to the exclusive jurisdiction of such courts.  

9. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law (ACL), including any guarantees that cannot be excluded, restricted, or modified. To the extent that the ACL applies, our liability for a failure to comply with a consumer guarantee is limited to, at our option: (a) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again; and (b) in the case of goods, the repair or replacement of the goods or the payment of the cost of repairing or replacing the goods.  

10. Australian Counselling Association (ACA) Alignment

While these Terms govern your use of the Website, we are committed to upholding the ethical principles of the Australian Counselling Association. Information regarding our counselling services and client interactions is governed by our Privacy Policy and professional ethical standards. These Terms primarily address the usage of the Website itself.

11. Amendments to these Terms

We reserve the right to modify or replace these Terms at any time in our sole discretion. We will post any changes on this page and update the "Last Updated" date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any updates or changes.  

12. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Mindful Mind Counselling & Consultancy regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.  

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.  

14. Contact Us

If you have any questions about these Terms, please contact us at:  

Mindful Mind Counselling & Consultancy

232B Albany Highway, Gosnells, WA 6110

info@mindfulmindcc.com

+61 413 519 382