Terms

This website, with URL address www.mindthesip.com.au and the Mind The Sip App, is owned and operated by Mind The Sip, ABN 86 611 369 057.

The terms’ us’ or ‘our’ or ‘we’ refer to Mind The Sip and the Mind The Sip App (the “App”), the website and App owner, whose registered office is in New South Wales, Australia. The term ‘you’ or ‘your’ refers to the website and App user.

Mind The Sip and the Mind The Sip App provides the following services and products

  • Alcohol reduction guides for those wanting to reduce or eliminate their alcohol consumption
  • Calendar functionality to plan/track alcoholic drinks
  • Accountability tools / Chat support
  • Access to 3rd party resources; podcasts, literature, meditation, alcohol-free alternatives

 

Please read these Terms and Conditions carefully, as together with our Privacy Policy [insert  Privacy Policy link here]; it sets out your important rights and obligations in relation to:

  1. The use of this website and App.
  2. All services and products provided through this website and App.

Please do not use our website and/or App if you disagree with these terms and conditions.

  1. Your use of this website is subject to the following terms and conditions:
    • When you visit this website, the App, and use our services or purchase our products, you agree that you have read these Terms and all related documents and are willing to be bound by them.
    • The content of this website and App is for your general information and use only. It is subject to change without prior notice.

  2. Variation
    • We may update our terms and conditions from time to time, and the new provisions will apply from when they are updated.

  3. Disclaimer (General)
    • Whilst every care is taken, Mind The Sip does not provide any warranty or guarantee regarding the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website and App for any particular purpose.
    • The information available through this website and App is provided for information purposes only.
    • You are solely responsible for any results you obtain from using the information on this website and App.
    • You acknowledge and agree that no information or advice provided by us, including that contained on this website and App, in any way constitutes medical advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website and App.
    • This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this Agreement, your use of this website and App, or the services found on this website and App.

  4. Copyright, trademarks and other intellectual property
    • Mind The Sip owns the intellectual property rights in all of the content of this website and App or has permission to use or display the material on this website and App.
    • You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website and App content in whole or in part except as expressly authorised by us.
    • Please email info@mindthesip.com if you require permission to reproduce any of its content.
    • Images and item descriptions posted on this website and App by third parties are the responsibility of those third parties and may be subject to copyright.
    • You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website and App may be the trademarks of their respective owners.

  5. Personal use only
    • You may access, download, or print material from the website and App for personal use only.
    • Sharing any intellectual property or copyright material from this website and App for commercial use without permission is prohibited.
    • You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website and App or any site accessible through this website and App.
    • Unless otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website and App content or intellectual property.

  6. No unlawful or prohibited use
    • As a condition of your use of this website and App, you warrant that you will not use this website and App for any unlawful or prohibited purpose.
    • You may not use this website and App in any manner which could damage, disable, overburden, or impair this website and App or interfere with any other person’s use and enjoyment of this website and App.
    • You agree not to hack into areas of this website and App that are not intentionally made available to you.
    • You expressly agree not to:
      • engage in any internal or external spamming, or other similar actions
      • engage in any unlawful or immoral acts, or acts that violate these terms and conditions
      • decompile, reverse engineer, or try to copy or imitate this website and App or underlying content
      • use the website and App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
      • use data collected from the website and App for any direct marketing activity (including, without limitation, email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).
      • use data collected from the website and App to contact individuals, companies or other persons or entities for marketing purposes.
    • You must ensure that all the information you supply through our website and App or in relation to our website and App is true, accurate, current, complete and not misleading.

  7. Copyright infringement
    • If you believe that there is material on our website and App that infringes third-party intellectual property rights, please email info@mindthesip.com with sufficient information to enable us to determine who the intellectual property owners are and to remove it from the Mind The Sip website and App if appropriate.

  8. Cookies
    • This website uses cookies to monitor browsing preferences.
    • By using our website or agreeing to these Terms of Use, you consent to our use of cookies per our Privacy Policy [insert Privacy Policy link here].

  9. Third-party links
    • This website and App may also, on occasion, include links to other websites which we do not control.
    • These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.
    • Third-party links on our website and App do not signify that we recommend or endorse the websites.
    • We have no control over the nature, content and availability of those websites.

  10. Website and App security
    • Mind The Sip makes every effort to maintain the security of the Mind The Sip website and App, including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and the integrity of the website and conduct our business. However, we do not guarantee the security of the website and App, our records, or your content.
    • Mind The Sip disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.
    • The Mind The Sip website and App are managed by third-party services; therefore, the website may be inaccessible from time to time.

  11. Limitation of Liability
    • Mind The Sip will not be liable to you or any other person or entity for any damage arising from your use of this website and App in any way, subject to the requirements of Australian Consumer Law.
    • Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
    • This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website and APP or the services found on this website and App.

  12. Indemnity
    • You agree to indemnify and defend Mind The Sip from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
      • your unauthorised use of this website and App or products or services included or advertised on this website and App.
      • your breach of these Terms of Use.
  1. Applicable law
    • The laws of New South Wales govern this agreement, and you consent to the exclusive jurisdiction and venue of courts within New South Wales in all disputes arising out of or relating to the use of this website and App.
    • You may notify us through the contact us page or email info@mindthesip.com.
    • Mind The Sip may provide notice to you via email or other electronic means.
    • Use of this website and App is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including, without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website and App is unauthorised, it is your responsibility to stop using this website and App.

  2. Relationship
    • You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mind The Sip as a result of this agreement or use of this website and App.

  3. Validity
    • If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
    • These terms and conditions, together with our Privacy Policy, form the entire agreement between you and Mind The Sip.

  4. Feedback, comments or complaints
    • If you have any questions, please email info@mindthesip.com. We endeavour to respond to all inquiries within three business days.
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