Terms and Conditions
Revised: 6th September 2018
- Definitions
“Client” means an individual who is over the age of eighteen (18) receiving services from The Mindful Hub and/or an individual reading, and implementing e-resources or content from The Mindful Hub.
“Initial Consultation” means the very first consultation between yourself and The Mindful Hub.
“Psychology” does not mean you are seeing a medical practitioner. If you require immediate medical attention, please call 000.
If you are urgent need of psychological assistance, please seek help from your nearest medical facility or if you are within Australia, call Lifeline on 13 11 14.
“Services” refers to (but not limited to) psychology, and nutrition services delivered by The Mindful Hub. This includes one-on-one sessions, program(s), content, e-learning material, and online (via Zoom) psychology and nutrition sessions.
- Terms of Use
2.1 Please read these terms and conditions (the “Terms”) carefully. By engaging The Mindful Hub or by making a purchase from us on our online store, you signify that you agree to these terms and conditions.
2.2 We reserve the right to modify this Agreement and/or the Policies (and update The Mindful Hub Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page, therefore, it is important that you check this page regularly.
- Links
3.1 By using The Mindful Hub website, you acknowledge that it will contain links to third party websites. The inclusion of these links does not imply that The Mindful Hub endorses, or have investigated or verified the linked content of the websites.
3.2 We cannot, therefore, make any warranties or representations related to these links and cannot be held responsible for the functionality, safety, reliability and security of these websites. This includes the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites.
3.3 You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.
- Bookings & Payment
4.1 Payment of services and/or products for The Mindful Hub will be in Australian Dollars (AUD) and will be made via WooCommerce. We accept MasterCard and Visa and accept Paypal. Credit Card numbers are protected through encryption when transmitted via the Internet and The Mindful Hub do not have access to your credit card details.
4.2 Payments are to be paid before The Mindful Hub consultation commences, with a payment receipt automatically sent once payment is received. For psychology services, a secondary practitioner receipt will be sent once the consultation has finished, providing all necessary information for those eligible to claim Medicare and private health insurance rebates.
4.3 Clients who have outstanding payments due will not be able to book into future appointments until the outstanding payments have been made.
4.4 The Client agrees to pay The Mindful Hub for any additional expenses (including but not limited to incidental and out of pocket expenses). Such additional fees and charges which fall outside of scope will be communicated to the client, and approval will be sought.
4.5 In the event we are required to recover any unpaid costs through an external agency: all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
4.6 All prices displayed of products and/or services advertised on the Mindful Hub’s Website, can be changed without notice.
- Online Appointments
5.1 For sessions conducted online, both parties agree to be present at the scheduled time for the session booked.
5.2 Where the Client wishes to reschedule, they will be required to do so with a minimum of 24 hours notice. If a client is a ‘no show’ for their scheduled appointment or cancels within the 24-hour timeframe, the client will be charged 50% of the appointment fee.
5.3 The Mindful Hub cannot be liable for any failure or delay in supply or delivery of Services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of The Mindful Hub’s control including but not limited to: war, strikes, lockouts, government restrictions, personal illness, transport delays, natural disasters, power outages, theft, accidents of any kind or act of terrorism.
5.4 Should such circumstances occur, we will endeavour to get in touch with the client to reschedule another online appointment at a time suitable for both parties.
- Confidentiality
6.1 The Client represents and warrants to The Mindful Hub that to the best of client’s knowledge, that the information provided to The Mindful Hub, is true and accurate.
6.2 All material considered strictly confidential by either party shall be designated as confidential.
6.3 The exception of Clause 6.2 is where such information is subpoenaed by a Court, where we have reasonable information to believe that the failure to disclose such information would place you or another person at serious and imminent risk (whereby your next of kin would be contacted), where your prior approval has been obtained, or where disclosure is otherwise required by the Law.
6.4 The Mindful Hub will exercise all reasonable actions to ensure the information provided by the client is kept confidential.
- Liability
7.1 You acknowledge that ultimately, decisions are made on your own. The information provided by The Mindful Hub are intended to assist you in making a decision and does not in any way substitute professional medical advice.
7.2 The Client agrees that they will hold The Mindful Hub harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of The Mindful Hub in respect of the:
(a) provision of Services and/or content made available to the Client; and/or
(c) any breach of these terms (or associated terms) by the Client.
7.3 Food Products sold from The Mindful Hub e-store will include a clearly specified nutrition information panel which will outline allergen statements as well as contain a detailed listing of all ingredients used for each flavour and each product.
7.4 The Mindful Hub will not be held liable to you or anyone for omitting to read and fully acknowledge the detailed ingredients list specified for each of the product(s) available. It is presumed that purchases of products are done so, after understanding and acknowledging the ingredients in the product(s).
- Disclaimer: No Warranty or Guarantees
8.1 Content on the website and services provided by The Mindful Hub are provided on an “as is” basis, and without any warranty or condition, express or implied. You agree that you consume this information at your own risk.
8.2 The Mindful Hub agrees to use all reasonable efforts to provide the Services. You acknowledge and agree that nothing in this agreement shall constitute by The Mindful Hub an express or implied warranty or guarantee as to the outcomes that may be obtained from use of the Services.
- Cancellation of Services
9.1 Pursuant to relevant Australian Consumer Laws, The Mindful Hub agrees to provide our services with due care and skill; and note that we meet a level of professional skill or knowledge to deliver the Services that we provide.
9.2 Where the client wishes to cancel a booking and payment has been made, they are to email hello@themindfulhub.com.au as soon as practical. Rescheduling of appointments will be available when 24-hours notice is provided. Clients acknowledge that last minute cancellations do impact both The Mindful Hub and other clients and patients who are placed in our waiting list. If a client is a ‘no show’ for their scheduled appointment or cancels within the 24-hour timeframe, the client will be charged 50% of the appointment fee.
9.3 Multiple last-minute cancellations or ‘no shows’ may result in the Client’s ability to make future appointments at The Mindful Hub.
- Exchange or Refunds for Goods
10.1 Where a Product ordered and received arrives in a damaged state, and it was a fault
from us, The Mindful Hub, a replacement or refund will be offered.
10.2 Where a Product is ordered and received and the client has a change of mind, store
credit to the value of the product will be provided upon the receipt of the Product back at The
Mindful Hub. Note, this would be exclusive of any postage and handling costs.
10.3 Other requests for cancellations of order(s) or refunds will be at the sole discretion of The
Mindful Hub, and will be assessed on a case by case basis. Such refunds and/or exchanges will
be exclusive of any postage and handling costs.
- Deliveries
11.1 Products purchased from the Mindful Hub online store will be shipped via either
Australia Post or The Mindful Hub’s chosen courier company.
11.2 Delivery addresses cannot be altered once an Order has been processed.
11.3 The Mindful Hub will make very reasonable efforts through our packaging and our
liaisons with its delivery services to ensure that your parcel is safe for transportation and arrives
to you safely.
11.4 You acknowledge that ownership of the parcels turned over to Australia Post or a courier
company engaged by The Mindful Hub transfers to you as the buyer. We will not be responsible
for any loss, or damage to packages. We will not be responsible for any error in the supply of
incorrect shipping information, or delivery errors through Australia Post or the courier company
engaged by The Mindful Hub.
11.5 The estimated delivery time-frame will range between 3-5 days. Please note however,
this is an indication only. At certain times of the year, it can go beyond this, therefore we
recommend allowing up to 7 business days for deliveries.
11.6 In circumstances where no one is present to receive the delivery, the courier or Australia
Post will return your order to the nearest post office, or depot for collection, causing a potential
delay in your delivery.
- Dispute Resolution
If the Client has a complaint about the Service they have received from The Mindful Hub, please contact us directly through hello@themindfulhub.com.au. Mediation will be the first cause of action, if communications between the Client and The Mindful Hub in an attempt to resolve the dispute has exhausted.
- Misunderstandings
Where there are misunderstandings, or comments made that upsets you, please let us know. We
are committed to providing you with the service and support you need and believe at times,
honesty and trust are critical and key for our relationship to grow.
- Copyright
The information, blog, graphics, text materials, logos on The Mindful Hub’s Website or any of its Platforms are owned and controlled for these purposes by The Mindful Hub. You cannot modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been provided with prior written permission from us.
- Over the Age of 18
By engaging The Mindful Hub for our services, and/or consuming our content, you
acknowledge that you represent and warrant that you are over the age of eighteen (18) or have
gained appropriate parental or guardian consent to engage The Mindful Hub for our services,
that all registration information you submit is truthful and accurate.
- Governing law and jurisdiction
This agreement is governed by the laws of the State of VIctoria, Australia. Each party will submit to the jurisdiction of the courts exercising jurisdiction of Victoria, Australia.
- Law enforcement
The Mindful Hub reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting or sending any materials and/or content, which violate any applicable or relevant law.