Terms & Conditions
1. ACCEPTANCE OF TERMS
1.1 The terms and conditions herein (the Terms) are intended to make you aware of your legal rights and responsibilities with respect to your access to our Services.
1.2 By accessing or using our Services, you agree to be bound by our Terms.
1.3 You must not use our Services for any illegal or unauthorised purpose in the governing jurisdiction or elsewhere.
1.4 If you do not agree to these Terms or fail to meet all the Eligibility Requirements, you must discontinue use of our Services immediately.
2. VARIATION OF TERMS
2.1 We reserve the right to amend or vary the Terms from time to time at our absolute discretion and convenience.
2.2 You will be given notice of any amended Terms and Conditions (Updated Terms) on our Website. You may need to accept any Updated Terms before you can access the Services again.
2.3 You may elect not to be bound by the Updated Terms. If you do not wish to be bound under the Updated Terms you must cancel your User Account.
2.4 By continuing to access or use our Services after such time as the Updated Terms take effect, you are deemed to irrevocably accept the Updated Terms without reservation and are bound by them.
3. USER REGISTRATION
3.1 In order to access and use our Services, you are required to become a Registered User by creating an Account in your real name and include other Personal Information.
3.3 In creating an Account, you represent to us that you are an individual and all Personal Information provided is true, accurate and correct. You agree to update your Personal Information as necessary to maintain its legitimacy, truth and accuracy.
3.4 You are responsible for all activities of your Account. You will notify us immediately of any unauthorised use of your Account in order to enable us to take necessary corrective action.
4.1 By using creating an Account and becoming a Registered User, you warrant that you meet the Minimum Age Requirement. If you do not meet the Minimum Age Requirement, then you must have the consent of your parent or guardian (the Eligibility Requirement).
4.2 If you are under the Minimum Age Requirement, you acknowledge your parent or guardian will have full access to your User Account.
4.3 We reserve the right to require you to prove that you meet the Eligibility Requirement through the provision of written confirmation from your parent or legal guardian.
4.4 If it becomes apparent you do not meet the Minimum Age Requirement or the Eligibility Requirement, we reserve our rights to:
- terminate our Services; or
- prohibit you from using our Services.
5.1 As a Registered User of our Services, you are eligible to access any of our three (3) Service Platforms.
5.2 You acknowledge that you have no rights in or to the Content and Meditation Content of our Services and the Service Platforms, and you may not use our Services except as permitted by these Terms. No other use, including redistribution of the Meditation Content (for example by teaching others), is permitted without prior written consent by Streamline Meditation or completion of our Facilitator Program.
5.3 Our Services are for personal use only and may not be used in connection with any commercial endeavours by making a derivative version of, distributing or otherwise using our Services in any way without our prior written consent.
5.4 For clarity, our Affiliate Members are permitted to use our Services for those commercial endeavours contemplated by the Affiliate Membership Platform.
5.5 If you violate any, all or any part of these Terms, your permission to access or use our Services will be automatically terminated without prior notice to you.
6.1 You understand that use of the Services will result in charges to you for the Services you receive and any and all applicable taxes associated with our provision of the Services in your jurisdiction.
6.2 We reserve the right to increase the price of your selected Service Platform in accordance with this clause 6 where your locality imposes additional sales-related taxes on our provision of the Services (including but not limited to Sales Tax, GST and/or VAT).
6.3 You agree to provide us with details of your Financial Account to pay for the Services and agree and warrant that you are authorised and entitled to make payment from that Financial Account.
6.4 You hereby authorise us to collect payment from your nominated Financial Account in accordance with these Terms.
6.5 Charges paid by you are final and non-refundable, unless otherwise determined by us.
6.6 We reserve the right to change our prices or adjust pricing for our Services at any time as we may determine in our sole and absolute discretion.
6.7 Any price changes will take effect following our provision of written notice to you.
7. REFERRAL FEES
7.1 We agree to provide Affiliate Members with referral commission fees for new memberships and / or clients we receive as a direct result of the Affiliate Member’s promotion of the Streamline Meditation brand in accordance with this clause 7.
7.2 In the event an Affiliate Member refers a person to become a member of Streamline Meditation and that person purchases a Group Workshop Platform, a referral fee in the amount of 25% of the price paid for the Group Workshop Platform by the referred party is payable to the Affiliate Member for each referral made in accordance with this clause 7.2.
7.3 In the event an Affiliate Member refers a person to become a member of Streamline Meditation and that person purchases an Unlimited Membership Platform, a referral fee in the amount of 25% of the price paid for the Unlimited Membership Platform by the referred party is payable to the Affiliate Member for each referral made in accordance with this clause 7.3.
7.4 Where applicable, at the end of each calendar month, we will issue you with a summary of the referrals received by us as a result of your affiliation.
7.5 Subject to this clause 7, we will deposit payment of referral income directly to your PayPal Account and provide you with a receipt of this payment.
7.6 You are responsible for all applicable taxes, fees and charges incurred in your jurisdiction due to payments made to your Financial Account, which may be deducted from the total amount of the referral income.
8. CANCELLATION OF SERVICES
8.1 Group Workshop Members may cancel receipt of the Services no later than forty-eight (48) hours prior to the commencement of the Group Workshop .
8.2 Group Workshop Members who cancel in accordance with clause 8.1, are entitled to the receipt of a refund in accordance with clause 8.7.
8.3 Group Workshop Members who do not cancel receipt of the Services in accordance with the forty-eight (48) hour notice period stipulated in clause 8.1 will be charged in full for the cost of the cancelled Service.
8.4 Affiliate Members may cancel the Services at the end of any calendar month but no earlier than three (3) months after the initial purchase date.
8.5 Unlimited Members may cancel the Services by providing fourteen (14) days’ written notice to Streamline Meditation.
8.6 We reserve the right to suspend or terminate your use of our Services immediately and without notice as a result of your breach of any obligation under these Terms.
8.7 Where applicable, refunds payable to you may incur a Refund Transaction Fee which will be deducted from the refund prior to payment to your Financial Account.
9.1 You agree to indemnify and hold us harmless from and against all Claims and Loss arising out of on in any way connected with your access to and use of the Services including without limitation loss, damage, or injury to you, your employees (where applicable) or any third party.
9.2 You agree to indemnify and hold us harmless from and against all Claims and Loss arising out of on in any way from the Meditation Content including without limitation loss, damage, or injury to you, your employees (where applicable) or any third party.
10.2 If you are located outside of Australia, you consent to the transfer, storage and processing of your information, including but not limited to the content you posted or transferred to the Website and other Personal Information you have provided to us, within Australia and other countries.
11. COPYRIGHT AND TRADEMARK
11.1 All the material on our Website is subject to the copyright of Streamline Meditation. You must not reproduce or copy any of the material on this Website or otherwise incorporate into or store in any other website.
11.2 Trademarks and logos (“marks”) displayed on our Website are the property of Streamline Meditation and users are prohibited from using any of our trademarks without the express consent of Streamline Meditation.
12.1 Health and Medical
- The Services do not contain or constitute, and should not be interpreted as, medical advice or opinion.
- The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment.
- If you have any concerns or questions about your physical or mental health, you should consult your healthcare professional(s).
- Reliance on any information provided through our Website and Services, including the Meditation Content, is solely at your own risk.
12.2 Use of Website
- The use of our Website to access our Services is provided “as is” and “as available.” We hereby disclaim any and all liability to you for any Loss or liability, however caused, relating to the use of this Website, or any embedded or linked website, or the use of or reliance on any material on this Website, or any material accessed through this Website.
- You waive all rights to bring or assert any Claim against us, our agents, employees, or any related party for the use or non-availability of use of our Website.
12.3 No Warranty
- You agree that your access to and use of the Services is at your own risk.
- We, our affiliates, our partners and their respective officers, directors, employees, agents, suppliers or licensors, make no warranties or representations about the Content and Meditation Content (including the user content), including but not limited to its accuracy, completeness, timeliness, or reliability.
- Neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the Services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the Services, the Content and the Meditation Content solely at your own risk.
These Terms can only be amended, supplemented, novated or replaced by another document signed by the parties.
No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these Terms or any part of it.
13.3 Costs and Expenses
Each party will bear its own costs and expenses in relation to the negotiation, preparation, execution, delivery, registration and completion of these Terms and any related documentation.
13.4 Counterparts and Electronic or Facsimile Copies
These Terms may be executed in counterparts. A counterpart may be an electronic or facsimile copy of these Terms. All counterparts together are taken to constitute one instrument. An electronic or facsimile copy of these Terms which has been executed by a party (Signatory) may be relied upon by a party to the same extent as if it was an original of these Terms executed by the Signatory.
13. 5 Entire Agreement
This agreement contains all the Terms agreed to by the parties relating to its subject matter. It replaces all previous discussions, understandings, and agreements.
13.6 Further Assurance
Each party must promptly at its own cost do all things (including executing and delivering all documents) necessary or desirable to give full effect to these Terms and the transactions contemplated by it.
13.7 Force majeure
If circumstances beyond our control prevent or hinder our performance to provide the Services, we are free from any obligation to perform the obligation while those circumstances subsist.
Circumstances beyond our control include, but are not limited to: strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, and failures or malfunctions of computers or other technology.
13.8 Good Faith
The parties shall at all times act in a manner consistent with the provisions of these Terms and use their best endeavours to promote the intentions of these Terms.
13.9 Governing Law
The Terms, Services, and any disputes related to or concerning any of the foregoing are governed by and construed in accordance with the laws of Queensland and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.
- Unless otherwise specified indicated, all notices given by you to us must be given to Streamline Meditation at firstname.lastname@example.org. We may give notice to you at the email address you provide to us when you register.
- Notice will be deemed received and properly served when an e-mail is sent.
In proving the Services of any notice via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
13.11 No Assignment
You must not assign, transfer or novate all or any part of your rights or obligations under or relating to these Terms or grant, declare, create or dispose of any right or interest in it, without the prior written consent of Streamline Meditation.
13.12 No Liability for Loss
A party is not liable to another party for loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy under these Terms.
13.13 No Merger
- None of the rights and obligations of a party under these Terms merge:
- on completion of any transaction contemplated by these Terms;
- with any security interest, guarantee, judgment or other right or remedy that a party may hold at any time; or
- as a consequence of anything done under these Terms;
and those rights and obligations at all times remain in full force and effect.
13.14 No Reliance
Each of the parties to these Terms acknowledge that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in these Terms. Any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
13.15 Provisions Enforceable
Each of the parties covenants that the provisions of these Terms shall be enforceable against each of them by any of the other parties.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
- The following survive termination or expiration of these terms:
- rights accrued to a party up to date of termination or expiration of these Terms; and
- indemnities and obligations of confidence given by a party under these Terms.
A waiver of any clause or a breach of these Terms made by us must be made in writing by our authorised agent.
14. DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires:
- “Account” means the account (login and password) created by customers of Streamline Meditation seeking to access our Service;
- “Affiliate Member” means a Registered User who has elected and purchased the Affiliate Membership Platform;
- “Affiliate Membership Platform” means the platform selected by Registered Users to have:
- access to twenty (20) online group classes through Skype with an accredited facilitator;
- access to a link to promote the Streamline Meditation brand; and
- referral commission payable by Streamline Meditation for any and all referrals made by the Registered User;
- “Claims” means all demands, claims, proceedings, penalties, fines and liability whatsoever (whether or civil, in contract, tort or otherwise);
- “Content” means the delivery of the Services using software, video, audio and face to face contact;
- “Eligibility Requirement” means you must have the consent of your parent or legal guardian if you do not meet the Minimum Age Requirement;
- “Facilitator Program” means means the Streamline Mediation teacher training program offered to Members after completion of eighteen (18) months consistent use of the Member Program to be made available by invitation only and at the absolute discretion of Streamline Meditation;
- “Financial Account” means the details of the user’s credit card or PayPal account for payment of the membership and affiliate fees to use our Services;
- “Group Workshop Member” means a Registered User who has elected and purchased the Group Workshop Platform;
- “Group Workshop Platform” means the platform selected by Registered Users to have access to a one-off four (4) hour meditation workshop with an accredited facilitator;
- “Loss” means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever;
- “Meditation Content” means the information, methodologies and techniques delivered by us in the provision of the Services;
- “Minimum Age Requirement” means the user must be at least 18 years of age or the age of majority in their province, territory or country;
- “Refund Transaction Fee” means the dedication from any refund payable to you of any fee charged to Streamline Meditation by the financial institution (including PayPal) nominated by you in your Financial Account;
- “Registered User” means an individual, business, company or other entity registered to use our Services;
- “Services” means either the
- Group Workshop Platform; or
- Unlimited Membership Platform; or
- Affiliate Membership Platform (collectively, the Service Platforms);
we provide to you through the use of software, video (including zoom video), audio and face to face contact;
- “Streamline Meditation”, “us”, “we”, or “our” means Nurture Mind Body Spirit Pty Ltd ACN 619 827 539 T/as Streamline Meditation ABN 65 619 827 539 as applicable;
- “Terms” means these Terms and Conditions
- “Unlimited Member” means a Registered User who has elected and purchased the Unlimited Membership Platform;
- “Unlimited Membership Platform” means the program selected by Registered Users to have unlimited access to online meditation courses with an accredited facilitator;
- “Updated Terms” means the updated Terms and Conditions that may be varied from time to time;
- “Website” means www.streamlinemeditation.com or any such domain address as advised by us from time to time; and
- “You” or “Your” means the user of our Services.
- Unless the context otherwise requires:
- words importing any gender include every gender;
- words importing the singular number include the plural number and vice versa;
- a reference to a party will be construed as a reference to a party to these Terms;
- references to ‘$A’, ‘dollar’, ‘$’ and any amount not otherwise designated will be construed as references to United States dollars;
- a reference to writing includes typewriting, printing, lithography, photography and any other mode of representing or reproducing words in a permanent and visible form;
- If any day appointed or specified by these Terms for the payment of any money or the doing of any act, matter or thing falls on a day other than a business day the day so appointed or specified will be deemed to be the next day which is a business day;
- words importing persons include firms, companies and corporations and vice versa;
- any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
- headings do not affect interpretation; and
- the word “including” (and related forms) means “including without limitation”.