Optimal Health and Mind Terms & Conditions

1.    ABOUT THE WEBSITE

• Welcome to https://optimentalhealth.com.au (the 'Website'). The Website provides an opportunity to browse the site and browse the services offered by Optimal Health and Mind (the 'Website Services').

• The Website is operated by Optimal Health and Mind (ABN 17 619 975 138) (referred to throughout as ‘Optimal Health and Mind’). Access to and use of the Website, or any of its associated Website Services, is provided by Optimal Health and Mind. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Website Services, immediately.

• Optimal Health and Mind reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Optimal Health and Mind updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

​

    2.    ACCEPTANCE OF THE TERMS

• You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Optimal Health and Mind in the user interface.

    3.   COPYRIGHT AND INTELLECTUAL PROPERTY

• The Website, the Website Services and all of the related services of Optimal Health and Mind are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Website Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Website Services are owned or controlled for these purposes and are reserved by Optimal Health and Mind or its contributors.

• All trademarks, service marks and trade names are owned, registered and/or licensed by Optimal Health and Mind, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a user of the Website to: (a) use the Website pursuant to the Terms; (b) copy and store the Website and the material contained in the Website in your device's cache memory; and (c) print pages from the Website for your own personal and non-commercial use.

• Optimal Health and Mind does not grant you any other rights whatsoever in relation to the Website or the Website Services. All other rights are expressly reserved by Optimal Health and Mind.

• Optimal Health and Mind retains all rights, title and interest in and to the Website and all related Website Services. Nothing you do on or in relation to the Website will transfer any: (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

• ou may not, without the prior written permission of Optimal Health and Mind and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website Services or third-party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

    4.    PRIVACY

• Optimal Health and Mind takes your privacy seriously and any information provided through your use of the Website and/or Website Services are subject to Optimal Health and Mind’s Privacy Policy, which is available on the Website.

​

    5.    GENERAL DISCLAIMER

• Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded

• Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (b) Optimal Health and Mind will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from a failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website Services or these Terms (including as a result of not being able to use the Website Services or the late supply of the Website Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

• Use of the Website and the Website Services is at your own risk. Everything on the Website and the Website Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Optimal Health and Mind make any express or implied representation or warranty about the Website Services or any products or services (including the products or Website Services of Optimal Health and Mind) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Website Services, or any of its Services related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Website Services or any of the products of Optimal Health and Mind; and (d) the Website Services or operation in respect to links which are provided for your convenience.

    6.    INFORMATION DISCLAIMER

• Any information, content or documentation provided on the Website do not constitute professional advice and are provided for general information purposes only. Optimal Health and Mind recommends you seek independent professional advice as necessary prior to relying on any information or documentation provided on the Website.

• All care is taken in the preparation of the information and published materials on the Website or on any other related platform. Optimal Health and Mind does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

• To the extent permissible by law, Optimal Health and Mind will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website or on any other related platform

    7.    LIMITATION OF LIABILITY

• Optimal Health and Mind’s total liability arising out of or in connection with the Website Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Website Services to you.

• You expressly understand and agree that Optimal Health and Mind, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    8.     INDEMINITY

• You agree to indemnify Optimal Health and Mind, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.

    9.    VENUE AND JURISDICTION

• The Website Services offered by Optimal Health and Mind is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

    10.    GOVERNING LAW

• The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

    11.    INDEPENDENT LEGAL ADVICE

• Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

    12.    SEVERANCE

• If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force