Terms and Conditions
www.mindfulattention.com.au (the Site) is operated by Mindful Attention Training (MAT) under Australian Business Number 806 247 242.
These Terms and Conditions set out your rights, responsibilities and obligations as a licensee of the MAT programs (including, but not limited to, the MAT™ Toolbox and MAT™ Fundamentals) and materials on the Site. You become a licensee upon payment of the fee in accordance with clause 6 or as authorised by MAT in writing.
MAT may alter these Terms and Conditions at its discretion and your continued use after any change indicates your acceptance of that alteration.
2. Licence, Permitted Use and Restrictions on Use
MAT grants to you an annual non-exclusive, non-transferable licence to use the MAT programs and materials on the Site for your personal and/or educational and non-commercial use or as permitted in these Terms and Conditions or otherwise permitted by MAT in writing.
You may not assign or grant a sub-licence of or commercially exploit or otherwise transfer your rights to the licence for use of the Site.
You may not, in any form, or by any means:
(a) Copy, reproduce, store, transmit, publish, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise create derivative works from any part of the Site or its contents;
(b) Cause any part of the Site to be framed or embedded in another site;
(c) Commercialise any content, products or services in the Site; or
(d) Without MAT prior written approval, distribute any portion of the Site to any third party or make the Site available to any third party in any way other than in a manner specifically authorised by these Terms and Conditions.
3. Use of the Site by a School or Educational Institution
A school or educational institution that is granted a licence to use the MAT programs and materials on the Site is permitted under these Terms and Conditions to do so for educational purposes provided the school or educational institution has read and agreed to these Terms and Conditions and the Acceptable Use Policy.
In particular, it is the responsibility of the school or educational institution to ensure that the Site is used only by professional staff and students in a safe and appropriate manner and in accordance with the Acceptable Use Policy.
The school or educational institution accepts full responsibility for:
(a) Selecting which professional staff members and students will be allowed to access the Site through the licence; and
(b) The allocation of online access codes to selected professional staff and students.
MAT is not liable for any harm or damage flowing from the allocation of online access codes and consequent use of the Site by selected professional staff and students.
The school or educational institution undertakes that it will responsibly inform professional staff and students that online access codes are for personal use only and must not be shared with third parties or unauthorised persons.
4. Use of the Site by a Practitioner
A practitioner that is granted a licence to use the MAT programs and materials on the Site is permitted under these Terms and Conditions to do so for professional use provided the practitioner has read and agreed to these Terms and Conditions and the Acceptable Use Policy.
In particular, it is the responsibility of the practitioner to ensure that the Site is used only by the practitioner and his or her clients in a safe and appropriate manner and in accordance with the Acceptable Use Policy.
The practitioner accepts full responsibility for:
(a) Selecting which clients will be allowed to access the Site through the licence; and
(b) The allocation of online access codes to selected clients.
MAT is not liable for any harm or damage flowing from the allocation of online access codes and consequent use of the Site by selected clients.
The practitioner undertakes that he or she will responsibly inform clients that online access codes are for personal use only and must not be shared with third parties or unauthorised persons.
5. Intellectual Property Rights
The copyright, design right and all other intellectual property rights in the MAT programs and any materials and other documents or items that MAT prepares or produces in connection with the Site will belong to MAT absolutely.
6. Fees and payment
In consideration of MAT providing the licence under clause 2, you agree to pay the annual license fee as set out on the Site or as advised to you by MAT.
Fees are liable to change at any time, but price changes will not affect licence commitments that MAT has confirmed in writing.
MAT is not currently registered for GST in Australia. The licence fees are GST exclusive.
Without limiting any other remedies or rights that MAT may have, if you do not pay MAT on time, MAT may cancel or suspend your access to the Site until you have paid the outstanding amounts.
7. Disclaimer and Limitation of liability
Subject to below, if either you or MAT fails to comply with these Terms and Conditions, MAT shall not be responsible for any losses that you suffer as a result.
MAT shall not be responsible for losses that result from MAT’s failure to comply with these Terms and Conditions including, but not limited to, losses of income or revenue, business, anticipated savings, or data.
This clause does not include or limit in any way MAT’s liability for any other matter for which it would be illegal or unlawful for MAT to exclude or attempt to exclude MAT’s liability.
The Site may contain other proprietary notices and copyright information, the terms and conditions of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors.
Information on the Site may be changed or updated without notice. MAT may also make improvements and/or changes to the MAT programs and materials at any time without notice.
MAT assumes no responsibility regarding the accuracy of the information that is provided by MAT on the Site and the use of such information is at your own risk. MAT assumes no responsibility for use of the Site by unauthorised persons.
The Site is generic in nature and provides educational material. The Site does not provide therapeutic or medical treatment or advice and is not customised to particular medical or health conditions.
Either you or MAT may terminate the licence arrangement at any time by providing the other party with 7 calendar days prior notice in writing.
• Cease offering to grant you a licence to the Site without notice if you fail to comply with any of the Terms and Conditions or the Acceptable Use Policy; or
• By written notice, terminate your licence at MAT’s sole discretion at any time.
Upon termination by MAT by written notice, you must immediately cease use of the Site.
Termination will not affect either party’s outstanding rights or duties, including MAT’s right to recover from you any money you owe MAT under these Terms and Conditions.
10. Data protection
Save where you expressly consent, MAT will only use the personal information you provide to MAT for grant of the licence, or to inform you about similar services which MAT provides, unless you tell MAT that you do not want to receive this information and otherwise in accordance with the Privacy Act 1988 (Cth).
MAT has the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting MAT’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in MAT’s system’s capabilities. You will be subject to the policies and Terms and Conditions in force at the time, unless any change to the policies or the Terms and Conditions is required by law or government or regulatory authority.
12. Applicable Law
These Terms and Conditions (and any disputes and/or claims arising from these Terms and Conditions) are governed by and must be construed in accordance with the laws of Western Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia and all courts which have jurisdiction to hear appeals from those courts.