Terms And Conditions Of Use

Welcome to the Mindful Mummy’s Terms and Conditions of Use (these "Terms"). This is a contract between you and Mindful Mummys (“MM”, “we”, “us”, “our”). We want you to be aware of yours and our rights before you use the Mindful Mummys application or website ("App"). Please take some time to read these Terms before enjoying the App, once you access, view, or use the App, you will be legally bound by these Terms.

If you have any questions about these Terms, our App or website, please contact us at: info@mindfulmummys.com.au

1. Mindful Mummy Application Rules

Before you can use our App, you will need to register for an account ("Account"). In order to create an Account, you must:

  1. Sign up by providing your first name, email address, and a password
  2. be at least 16 years old; and,
  3. be legally permitted to use the App in your country.

If you create an Account, you authorize us to access, display and use certain information from your Facebook, Google, or Apple account (e.g. profile pictures, location, and information about Facebook friends, as applicable). For more information about what information we use and how we use it, please check out our Privacy Policy.

You cannot use another user’s Account without their permission.

You cannot create duplicate MM accounts in addition to your original account unless MM requests you to do so for technical reasons.

We hope you love MM, in the event you wish to deactivate your account, you can do so at any time by going to the 'Settings' screen of your Account and clicking on the 'Delete account' link. Follow the steps shown. If you would like Your Content or profile information to be deleted, please contact us at info@mindfulmummys.com.au

MM reserves the right at its sole discretion to terminate or suspend any Account or user, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. If applicable to your subscription setting your payments will cease at the end of that payment period.

2. Types of Content

There are three types of content that you will be able to access on the App:

  1. content that you upload and provide ("Your Content");
  2. content that other members provide ("Member Content"); and
  3. content that Mindful Mummys provide ("Our Content").

We don’t allow certain content on Mindful Mummys

We want our users to freely communicate on MM, but we must impose restrictions on certain content that:

  • contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
  • is obscene, pornographic, or otherwise may offend human dignity;
  • is abusive, insulting, or threatening, or which promotes or encourages racism, sexism, hatred, or bigotry;
  • encourages any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offence;
  • is defamatory or libellous;
  • relates to commercial activities (including, without limitation, sales, competitions, and advertising, links to other websites or premium line telephone numbers);
  • involves the transmission of "junk" mail or "spam";
  • contains any spyware, adware, viruses, corrupt files, worm programmes, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from MM or otherwise;
  • itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
  • shows another person which was created or distributed without that person’s consent; and/or

We operate a zero-tolerance policy for this kind of content.

To guarantee a safe environment for all, you must also comply with our Public Forum Community Guidelines as detailed in section 4 of these Terms and Conditions, when engaging with the MM Public Forum section.

Our moderation tools may remove any of Your Content that they consider breaches our Public Forum Community Guidelines, restrict or prohibit your access to the App, and/or delete your Account, if in our reasonable opinion, you breach any of the restrictions in these Terms or the Public Forum Community Guidelines.

Your Content

As Your Content is created by you, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

The Mindful Mummys public group forums are based on a public community, so Your Content within that public group setting will be visible to other users within that same group within Australia. Please make sure you are comfortable sharing Your Content before you post it, particularly insofar as it relates to your children. As such, you agree that Your Content may be viewed by other users, including Mindful Mummys, and any person visiting, participating in or who is sent a link to the App. By uploading Your Content on MM, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, Australian licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public Your Content, whether in whole or in part and in any format or medium currently known or developed in the future).

Our Content

The rest of the content on MM belongs to us. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on MM are owned, controlled, or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All rights, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

  1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App or website;
  2. you shall not use our name in metatags, keywords and/or hidden text;
  3. you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
  4. you shall use Our Content for lawful purposes only.

We reserve all other rights.

3. Restrictions on the app

We don't tolerate bad behaviour on MM. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. Email us at info@mindfulmummys.com.au

We also want our users to respect MM. Scraping or replicating any part of the App or website without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.

4.Public Forum Community Guidelines

We want our users to freely communicate on the MM Public Forum and Chat facilities, but we must impose restrictions on certain content that:

  • contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
  • is obscene, pornographic, or otherwise may offend human dignity;
  • is abusive, insulting, or threatening, or which promotes or encourages racism, sexism, hatred, or bigotry;
  • encourages any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offence;
  • is defamatory or libellous;
  • relates to commercial activities (including, without limitation, sales, competitions, and advertising, links to other websites or premium line telephone numbers);
  • involves the transmission of "junk" mail or "spam";
  • contains any spyware, adware, viruses, corrupt files, worm programmes, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from MM or otherwise;
  • itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
  • shows another person which was created or distributed without that person’s consent; and/or

We operate a zero-tolerance policy for this kind of content.

Our moderation tools may remove any of Your Content that breaches the above Terms, restrict or prohibit your access to the App, and/or delete your Account, if in their reasonable opinion, you breach any of the restrictions in these Terms.

5. Privacys

For information about how MM App collects, uses, and shares your personal data, please check out our Privacy Policy.

6. Third party stores & premium services;

The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).

We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase enhanced features. If you choose to use Premium Services you acknowledge and agree that additional terms may apply to your use of and access to such Premium Services, and such additional terms are incorporated herein by reference. You may purchase the MM Premium Services through Apple and Google Play directly.

Once you have requested a Premium Service, you authorize Apple and/or Google to charge your chosen Premium Payment Method on the basis that you select being monthly at $9.99 AUD, six monthly at $49.95 AUD or annually (yearly) at $99.90 AUD. If you encounter any issues and require a refund, you will be required to contact Apple and/or Google directly for such requests.

You can cancel your subscription plan at any time. Additionally, you can restore your plan or change your current plan. New users will also receive a 7-day free trial on their first purchased plan. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or your personal phone settings. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Mindful Mummys are made as well as how such payments may be changed or cancelled. Your subscription to Mindful Mummys App Premium Services will automatically renew based on your selected subscription terms or until you decide to cancel in accordance with such terms.

In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Stores, our third-party service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Price changes will occur from time to time, users can expect to receive an email advising them of the price changes and the circumstances surrounding them.

7. Disclaimer of liability

Your use of the App is at your sole risk. Our Content, materials and information on the App are provided on an "as is" basis and "as available" basis, for general information purposes only and without any promises, conditions, warranties or other terms of any kind. The App and the Member Content and Our Content is not intended to provide specific advice to any user, as such you should not rely on the information provided. The App is not a substitution for professional medical care, you should always seek advice from a qualified medical doctor or other healthcare professional. We do not endorse any Member Content provided on the App, nor any specific products, processes, service providers, diets, or other information that may be mentioned on the App.

We make reasonable efforts to update the information on the App, however we do not represent, warrant or guarantee that the content on the App is accurate, complete or up to date. We also do not warrant or represent that the information or materials available through the App will meet your requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure. The information contained in the App, including any Member Content, may contain inaccuracies or errors. We are not required to update the App or to correct any inaccuracies which may become apparent but will be entitled to do so is we wish without notice to you.

8. Limitation of liability

You expressly understand and agree that we will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for direct or indirect loss of profits, or loss of goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will our total liability to you for all damages, losses or causes of action exceed the amount you have paid us in the last six (6) months. Nothing in these terms of service will in any way exclude or limit a party's liability to the other party for: (a) death or personal injury caused by that party's negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any other matter for which it would be illegal to exclude or attempt to exclude its liabilities.

9. Security Measures : Strong password: Special characters, numbers, one capital letter, one small letter

10. Updates to Terms and Conditions

These terms and conditions were last updated on 25th February 2024 and may be updated at any given time. You will be notified via email of any updates to our term and conditions.

11. Contact us

It’s good to talk, if you have questions, concerns or requests regarding these terms and conditions or your subscription please email us at info@mindfulmummys.com.au