Site Terms
About Market Mindfully
We are In Kind Company Pty Ltd ABN 37 653 354 048 trading as Market Mindfully (Market Mindfully, we, or us), and We support purpose-driven businesses share their story and make more impact.
About these terms
1. These terms are our house rules
These Site Terms are our ‘house rules’ and they apply when you visit our Sites which includes our website https://www.marketmindfully.com/, and our presence on third-party applications such as social media platforms like LinkedIn, Twitter)
These Terms apply to everyone who uses our Sites, so we’ve tried to make them easy to understand and fair.
If you don’t agree to our Terms, that’s okay, but you must stop accessing and using our Sites.
By visiting our Sites, you agree to these Terms, as well as our Privacy Policy.
Buying services and products
2. Buying from me
When you buy products or services from us, or become our client, other terms and conditions we agree with you may apply in addition to these Site Terms.
3. Paying for our products and services
For most products and services buy from us, you pay for them upfront.
The payment method you choose might have extra conditions imposed by the relevant payment processor (or by your bank, e.g., currency conversions). Please check the conditions before using your selected payment method.
With products you can purchase on the website, you will pay for them upfront.
For other services that requires negotiation and review, an agreement will be made between you and Market Mindfully about the timing of invoices for services delivered.
4. Prices
Prices we display on our Sites are:
in AUD (Australian currency) unless we clearly say otherwise; and
include GST on top of prices listed (if it applies).
We might update our prices from time to time. we don’t have to give you notice if we change our pricing (because it’s our pricing!).
We won’t start working on your product or service until you pay (and may stop working if you haven’t paid)
5. Refunds and resolving issues
Your rights at law: Consumer Guarantees
Consumers have certain rights under the Australian Consumer Law (ACL), and nothing in these Terms excludes your rights to Consumer Guarantees.
Let’s talk to resolve your issue
We always aim for happy Clients and Site visitors, so if you have any concerns, please let us know so we can help resolve the issue.
We may choose to offer refunds at our discretion. We may decide to refund a portion of Fees already paid, less reasonable costs incurred for Services delivered and / or administrative costs.
If a refund is required by law, we’ll provide that refund.
Using Site Content and IP rights
Content means via all tools we create, develop, or use to supply products and services which might include access to written information, SEO strategy ideas, video, audio, digital products, workshops, strategy plans, content on our Site, and / or webinars.
We own or licence all rights, title, and interest (including intellectual property rights) in our Site and all Content. Accessing our Site or Content does not grant or transfer you any rights, title or interest in our Site or Content.
Provided you link back to this site and give credit where appropriate (e.g., via @wealybin), feel free to:
Link to the Site; or
Sample & re-post up to 100 words on any other site; or
Print off up to 3 copies of a free resource.
Unless you get our prior written permission, you are not allowed to:
Sell or otherwise re-use Content for commercial purposes; or
Re-post any Content in their entirety somewhere else; or
Change, edit, build upon, copy, or use, in whole or in part, any Content (except when validly bought for your own use); or
Breach IP rights connected with our Site or Content, including changing our Content, embedding our Content in another website or platform, or creating derivative works from our Content.
6. Content you post to the Site
We may let you post or submit information or content to the Site (User Content). If you post content to our Sites, you grant us a broad global, royalty-free licence to use that content as we see fit.
For example: reposting positive comments or social media comments you make about Market Mindfully.
This means we might use, adapt, distribute, & publicly display your User Content via our Sites.
If you make User Content available on our Site, you are fully responsible for it.
we do not endorse or approve, and are not responsible for, any User Content. We may remove any User Content at any time.
Changes
7. Changes to these Terms
From time to time, we may change these Site Terms without notice to you, so check them when you visit to make sure you’re still happy with them!
Our Site will change often and without notice to you.
We do not promise to keep our Site updated, so we’re not responsible if Content or information is inaccurate or out-of-date.
8. Changes to our products and services
Sometimes we might update pricing or descriptions of products and services.
We might need to refuse or cancel your online orders if our Site information or products and services are incorrect.
We try to do this within a reasonable time of realising the error.
Using our Site
Our Site has materials, information, and Content which we lovingly and carefully create. We grant you a limited licence to use our Site and Content as set out in these Terms.
We are happy for you to access our Site and Content but only if you use them with our permission as set out in these Terms.
Any other uses are not allowed unless we first give you permission in writing.
Site is not for children
Our Sites are not intended for children under the age of 13.
9. Competitors: we’re flattered you stopped by, but this Site isn’t for you
You must not use our Site or Content in a way that competes with our business or breaches our IP rights.
If you want to collaborate with us, would like to license or repurpose our Content for your own use or use with your clients, let’s talk (we love working with wonderful people!).
10. Security
We have systems & processes to store + manage information, but in general the internet and our Sites may not be 100% secure.
11. We don’t tolerate bad behaviour on our Sites
Engaging in this kind of bad behaviour may result in us reporting you to relevant authorities and/or removing your access to our Site and Content without notice.
When you use our Site and Content, you must not do (or try to do) anything unlawful or which we reasonably think is inappropriate or might damage our reputation.
You must not tamper with or modify our Site, or knowingly send viruses or other disabling features, including by using trojan horses or programming routines that may damage or interfere with our Site.
12. Affiliate links
We have partnerships with some third parties who offer products and services we love. Some of the links on our Site are affiliate links. This means we may earn a small commission if you purchase after clicking on these links.
13. Closing down our Site or excluding you from our Site
We may, at any time and without notice to you, close our Site or parts of it.
We can exclude anyone from our Site. This will generally be because they engaged in the bad behaviour mentioned above.
we’re not responsible for any loss or damage you suffer in connection with our decision to exclude you from the Site or close down the Site.
14. Accessing the Site
We do not promise our Site complies with any laws outside Australia. If you access our Site from outside Australia, you do so at your own risk. You are responsible for following the laws that apply where you access our Site.
Paying for losses and limiting liability
15. If you cause us loss or damage, you’ll need to compensate us
You must pay us for any loss or damage you cause us that arises from your use of the Site or your breach of these Terms (such as misusing our content).
To the extent allowed by law, you must pay for costs we incur caused or contributed to by:
inaccurate or misleading info you give Market Mindfully,
your breach of these Terms or our other policies,
your breach of any applicable laws or regulations, or
your use or misuse of Services or our Content.
For example, if you misuse our Content and we suffer loss, you will need to pay us for that loss.
16. Limiting our liability to you
Nothing in these Terms restricts consumer laws that may apply to your purchase of our products and services.
To the extent allowed by law, we exclude all liability for claims by you or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.
Unless we directly cause your loss through negligence or wilful misconduct, we are not responsible for loss from you using our Site, products, or services (or inability to use).
Where we can’t exclude liability, our total liability to you is limited to us re-supplying the relevant Service to you or, if applicable, paying to you the cost of paying someone to re-supply the relevant Services to you.
Other terms for our Site
Ending these Terms: These Terms continue until we terminate them, which we may do at any time and without notice to you.
Continuing restrictions: All restrictions these Terms impose on you and the limits we place on our liability in these Terms will survive for at least 6 years after termination.
Passwords: If we give you a username and/or password to access Site features or extra Content, you must keep those details confidential. You are responsible for any unauthorised use or misuse of your passwords and resulting use of the Site and Content.
No waiver of rights: The delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.
Invalid terms severed: If a court of law decides one or more parts of these Terms are invalid or unenforceable, those parts are severed from these Terms and other parts remain in full force and effect.
Governing law: The laws of the State of Victoria, Australia govern these Terms.
Accessing the Site: We do not promise our Site complies with any laws outside Australia. If you access our Site from outside Australia, you do so at your own risk. You are responsible for following applicable laws where you access our Site.
Contact us if you have questions
If you have any questions about working with us or using our content, please contact us, we’re happy to help!