Legal Policies

Legal Policies

Meaning of Words

The following words have their defined meaning when used in this Agreement our Legal Polices:

  1. access‘ means to access, use, or otherwise benefit from the functionality of www.mind-skill.com, Content or Data, including, but not limited by, accessing, manipulating and downloading Content or Data in accordance with the functionality of www.mind-skill.com. Access includes carrying out one or more of these actions, by the Client or User.
  2. Mind-Skill‘ means Mind-Skill c/- Holgar Group, McMullen Rd, Brookfield.  Brisbane, Queensland 4069. Australia.
  3. Client’ any client or registered user that belongs to Mind-Skill.
  4. Content‘ means content that are available via the Mind-Skill website and refers to text, pictures, graphics, videos, links and examples given by the client’s authorised personnel which have been uploaded to the website and or text, pictures, graphics, videos, links and examples supplied by the Webmaster or Web Developer.
  5. Data Provider‘ means the third party that makes the Data and Content available (including where the third party provides a service/product for obtaining data).
  6. Data Provider Terms‘ means any terms of use for accessing Data and Content published by the relevant Data Provider (where required by law).
  7. Website’ means the Mind-skill services/product made available by Mind-Skill– the owner of the portal for authorised Registered Users in order to facilitate access to the customer area and other areas and features on the website.
  8. ‘Mind-skill Web services/Products’ includes any changes, updates, amendments or other features that Mind-Skill may make available from time to time. Mind-Skill may charge additional fees for any changes, updates, amendments or other features requested by the Client in writing. Mind-Skill reserves the right to change layout, features, and navigations of the Mind-Skill website. Mind-Skill is not obligated to maintain the current or future functionality and may remove features of the Mind-Skill website from time to time.
  9. User‘ means each person that has been authorised, after completing the User Registration to access the Mind-Skill website and or any Content under their personal login details. A User can be individual, their managers or authorised key personnel, or employers authorised by management.  Authorisation must be in writing and communication of authorisation by electronic mails is acceptable
  10. New User’ is someone who does not have access to the Mind-skill website. New User must complete Access Registration Details Form and obtain personal login details in order to access the Mind-skill website.  Costs for User Access Registration and issuing of personal login details are contained in the Fees and Service/Product Contract provided to the client on xxx date or attached to this agreement.

Copyright

  1. Copyright © Mind-Skill.com.
  2. Subject to the provisions of this disclaimer:
    1. Together with our licensor, we own and control all the copyright, intellectual property rights and material on our website; and
    2. All the copyright, intellectual property right and material on our website are reserved.
    3. The materials on the Company’s web (www.mind-skill.com) site are provided “as is”.
  3. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for particular purpose, or non-infringement of IP or other violation of rights.  Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Company’s web site or otherwise relating to such materials or on any site linked to this site.
  4. No authority to use all or any the ‘Copyright’ (C), ‘Trade Marks’ (TM) and other ‘Intellectual Property’ (IP) rights included in the Company’s website held exclusively by the Company.
  5. Neither these ‘Rights’ nor, any part of this website may be used, sold, transferred, licensed, copied or replicated in whole or in part in any manner or form whatsoever, without the prior written consent of the Company

Disclaimer

  1. Disclaimer
    1. This disclaimer administers our website www.mind-skill.com.
    2. This disclaimer is to be read together with the terms and conditions.
    3. By using this website, you are accepting this disclaimer.
    4. By providing your information to us, you consent us retain and use that information to improve service/products to our clients.
    5. Information relating to the collection and use of personal information are found in the terms and conditions and the Company’s privacy policy.
  2. Licence to use website
    1. In condition to the other provisions of this disclaimer, you may:
    2. View the content of our website in a web browser;
    3. Temporarily download content from our website for no-commercial purposes only; and
    4. Print content from our website.
    5. Despite clause 2.1, you are prohibited from downloading or saving any material from our website.
    6. For more information regarding clause 3 can be found on the Company’s website.
  3. Acceptable use
    1. You must not do the following:
    2. Utilize our website that causes or may cause damage to our website or impairment of our website;
    3. Utilize our website for unlawful, illegal, fraudulent or harmful activity;
    4. Utilize our website to copy, store, host, transmit, send use, public or distribute any material which consist of (or linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    5. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; and
    6. Provide us misleading information through our website.
  4.  Limited warranties
    1. We do not warrant the integrity or certainty of the information provided on our website.
    2. We have the right to terminate or change part or all of our website services at any time without notice or explanation.
    3. Subject to clause 5.a of this disclaimer, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
  5. Limitations and exclusions of liability
    1. Nothing in this disclaimer will:
    2. Limit or exclude any liability for fraud or fraudulent misrepresentation;
    3. Limit any liabilities in any way that is not permitted under applicable law; or
    4. Exclude any liabilities that may not be excluded under applicable law.
    5. The limitations and exclusions of liability set out in clause 5 and elsewhere in this disclaimer”:
    6. Are subject to clause 5.a; and
    7. Govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in the contract, in tort (including negligence) and for breach of statutory duty.
    8. To the extent that our website and the information and services/products on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
    9. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    10. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    11. We will not be liable to you in respect of any loss or corruption of any data, databases or software.
    12. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Fair Use Policy

Background

  1. The Mind-Skill’s Fair Use Policy (policy) sets out the rules and guidelines in relation to your use of Mind-Skill services/products. The aim of this policy is to ensure that Mind-Skill is able to provide a quality service/products to all of our customers and ensure that no customer is disadvantaged due to the behaviour of another customer.
  2. This policy forms part of our Mind-Skill Agreement.
  3. Terms used in this policy have the meaning given in the General Terms section of our Mind-Skill Agreement, unless stated otherwise.

2.  Your Use

  1. You must only use the Services/products lawfully and in accordance with the terms of your agreement with us for your business use.

3. User Access

  1. The Client and each User acknowledge that they must not share their login details with another person, and agrees that sharing their login details with another person is in breach of the essential terms of this Fair User Policy, the Mind-Skill’s Terms and Condition Policy, Disclaimer Policy, Copyright Policy and Privacy Act.
  2. Without limiting Client obligations, unless permitted in writing by Mind-Skill, the Client and User must not:
    1. Attempt to obstruct, avoid, obscure or otherwise render ineffective any aspect of the Mind-Skill website, including removing or avoiding security features, attributions, or legal terms that are notified to Users as part of accessing the Mind-Skill website Content or Data;
    2. Reverse engineer or otherwise seek to copy or reproduce any part of the functionality, design, or any software incorporated into the Mind-Skill website;
    3. Make available the whole or part or parts of the Mind-Skill website for access by a third party (other than User, or authorised Metcash employer);
  3. Attempt to access the Mind-Skill website over multiple User accounts (User are only permitted to have a single user access login and profile); and
  4. Release or distribute login details for the Mind-Skill website (User login details must not be shared – refer to  Terms of Service, Privacy and End user Policy webpage).

3.  Prohibited Use

You must not use or attempt to use the Services/Product or allow the Services/Product to be used:

  1. for any activity that breaches any law, including any direction, order, regulation or industry code;
  2. in any way that infringes the rights of other persons, including if you:
    1. defame, harass, injure, menace or abuse any person or property or violate any person’s privacy;
    2. infringe any person’s intellectual property rights; or
    3. incite hatred against any person;
  3. to transmit, publish or make available material that is offensive, abusive, indecent, pornographic or confidential (or promote others to engage in such acts);
  4. to send excessive unsolicited data to third parties for any purpose;
  5. to access, host or send any ‘prohibited content’ ;
  6. in any way that might expose us or any of our Suppliers, to liability or the risk of legal or administrative action, including prosecution under any law, or bring us or any of our Suppliers into disrepute or adversely affect the Mind-Skill brand;
  7. in a way that will interfere with, interrupt, manipulate, bypass or degrade the Service/Product, the integrity of the Mind-Skill website or any network or equipment of another person;
  8. for any commercial purpose.

4.Security of the Mind-Skill website and others

  1. You are prohibited from violating or attempting to violate the security of the Mind-Skill website or any network or equipment of another person, including:
    1. taking steps to gain unauthorized access to Service/Product and/or your Account;
    2. attempting to probe, scan or test the vulnerability of the system;
    3. breaching any security or authentication measures without proper authorisation;
    4. attempting to interfere with, disrupt or disable Service/Product to another person, host or network, including without limitation via means of overloading, flooding, mail bombing or crashing;
    5. knowingly distributing any material or software which contains a virus, Trojan or other harmful feature; or
    6. taking action to obtain Service/Product to which you are not entitled.
  2. You must tell us as soon as you are aware of any authorized or attempted unauthorized use or your Service/Products and any other breach or attempted breach of security.
  3. We have no obligation to monitor the Mind-Skill website, but reserve the right to do so if required by applicable law, and may take such action as required. We take no responsibility for any material input by others and not posted to the Mind-Skill website by us. We are not responsible for the content of any other web sites linked to the Mind-Skill website.

5.  Remedial Action

  1. If you breach this policy or if the law or a regulator or other authority requires us to do so, we may take remedial action. Such action may include:
    1. giving you a notice or warning letter requesting you to stop certain activities or conduct or take steps to remedy the breach;
    2. immediately suspending or terminating your Service/Product if you fail to take steps to remedy the breach;
    3. immediately terminating or suspending your Service/Product at any time if we deem it necessary to do so for a serious breach of this policy;
    4. reporting of the activities or conduct to relevant authorities; or
    5. other action that we deem appropriate.

6.  Site Blocking

  1. We may block access to certain Internet sites where required to do so by applicable law

Terms and Conditions

  1. Rights to Access Mind-Skill Website
    1. All intellectual property rights including any copyright and any and all other rights in and to the Mind-Skill website remain property of Mind-Skill  and or a relevant third party, where applicable. Mind-Skill  has no claim over any intellectual property of Content that the Client gives to the Webmaster to upload on the Portal for User access of the Mind-Skill website.
    2. y giving Content to the Webmaster to upload on the Portal and Mind-Skill website, the Client guarantees unconditionally that the Content are owned by the Client and that the Client shall save harm and indemnify the Webmaster for any claim against or damages arising from using the Content given.
  2. Rights to Data and Other Third Party Content
    1. For each Content the User accesses or downloads, the Client agrees that the User has first reviewed the relevant Data Provider Terms and Conditions and has agreed to same before accessing Content.
  3. User Access
    1. The Client and each User acknowledge that they must not share their login details with another person, and agrees that sharing their login details with another person is in breach of the essential terms of this Agreement, the Mind-Skill ’s Terms of Service, the Mind-Skill End User Policy and The Privacy Act 1988 (see Privacy Policy).
    2. Without limiting Client obligations, unless permitted in writing by Mind-Skill , the Client and User must not:
      1. Attempt to obstruct, avoid, obscure or otherwise render ineffective any aspect of the Mind-Skill website, including removing or avoiding security features, attributions, or legal terms that are notified to Users as part of accessing the Mind-Skill website Content or Data;
      2. Reverse engineer or otherwise seek to copy or reproduce any part of the functionality, design, or any software incorporated into the Mind-Skill website;
      3. Make available the whole or part or parts of the Mind-Skill website for access by a third party (other than User, or authorised employer);
      4. Attempt to access the Mind-Skill website over multiple User accounts (User are only permitted to have a single user access login and profile); and
      5. Release or distribute login details for the Mind-Skill website (User login details must not be shared – refer to Mind-Skill ’s Terms of Service, Privacy and End user Policy webpage).
  4. Licence to use website
    1. In condition to the other provisions of this disclaimer, you may:
    2. View the content of our website in a web browser;
    3. Temporarily download content from our website for no-commercial purposes only; and
    4. Print content from our website.
    5. Despite clause 4.a, you are prohibited from downloading or saving any material from our website.
  5. Acceptable use
    1. You must not do the following:
    2. Utilize our website that causes or may cause damage to our website or impairment of our website;
    3. Utilize our website for unlawful, illegal, fraudulent or harmful activity;
    4. Utilize our website to copy, store, host, transmit, send use, public or distribute any material which consist of (or linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, toolkit or other malicious computer software;
    5. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; and
    6. Provide us misleading information through our website. 
  6. Limited warranties
    1. We do not warrant the integrity or certainty of the information provided on our website.
    2. We have the right to terminate or change part or all of our website services/products at any time without notice or explanation.
    3. Subject to clause 6.1 of this disclaimer, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
  7. Limitations and exclusions of liability
    1. Nothing in this disclaimer will:
      1. Limit or exclude any liability for fraud or fraudulent misrepresentation;
      2. Limit any liabilities in any way that is not permitted under applicable law; or
      3. Exclude any liabilities that may not be excluded under applicable law.
      4. The limitations and exclusions of liability set out in clause 6 and elsewhere in this disclaimer”:
      5. Are subject to clause 7.a.1; and
      6. Govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in the contract, in tort (including negligence) and for breach of statutory duty.
      7. To the extent that our website and the information and services/product on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
      8. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
      9. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
      10. We will not be liable to you in respect of any loss or corruption of any data, databases or software.
      11. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
  8. Indemnification
    1. Client agrees that it shall defend, indemnify, save and hold the Webmaster and Mind-Skill harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Webmaster’s and Mind-Skill ’s development of the Client’s portal content.
    2. This includes liabilities asserted against the Webmaster and Mind-Skill , its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service/product provided, performed, or agreed to be performed or any service/product by the Client, its agents, employees or assigns.
    3. Client also agrees to defend, indemnify and hold harmless the Webmaster and Mind-Skill  against liabilities arising out of any injury to person or property caused by any services/product or otherwise distributed over the Mind-Skill website.
      1. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation, which is detrimental to another person, organization, or business.
  9. No Use of Mind-Skill Name
    1. Client must not use the name, any trade mark, copyright or logo of the Webmaster or Mind-Skill  to claim any sponsorship, endorsement, approval or affiliation or other association with Mind-Skill by virtue of this Agreement or User access to the Mind-Skill website or any Content or Data, unless Client and or, User have express written permission from Mind-Skill or Webmaster.
  10. Resolving Disputes
    1. In any dispute arising out of or in connection with this Agreement or the Mind-Skill website, the parties agree to first negotiate in good faith with Mind-Skill  to resolve it.
    2. If the dispute is not resolved by those negotiations within thirty (30) days, Client will notify Mind-Skill or Webmaster before taking any court or other legal proceedings, and either party may refer the dispute to the Australian Commercial Dispute Centre Limited (‘ACDC’) for resolution by mediation in accordance with the ACDC Guidelines on Mediation. However, this does not limit Mind-Skill’s rights under the Agreement or prevent Mind-Skill  from seeking any urgent interlocutory relief.
  11. Entire Agreement
    1. All international conventions that might import contractual terms into this Agreement are excluded, including the United Nations Convention on Contracts for the International Sale of Goods or Services.
    2. Any provision of this Agreement, which is prohibited or unenforceable in a jurisdiction, will be severed to the extent necessary to make this Agreement valid and enforceable. The severance of a provision will not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
    3. This Agreement is to be read subject to any laws (to the extent they are applicable in the circumstances) that cannot be excluded, so that the Agreement will as far as possible be valid and enforceable by Mind-Skill in the relevant circumstance.
  12. The Governing Law
    1. This Agreement is governed by and construed in accordance with the laws of the State of QUEENSLAND and the laws of Australia and the Client agrees to submit to the jurisdiction of the courts in that State. In the alternative, legal action may be taken by Mind-Skill or the Webmaster in any other jurisdiction within which an offence is deemed to have occurred.
  13. Entire Understanding
    1. It is the spirit of this Agreement that this will be a mutually beneficial arrangement for the Client and the Webmaster.  Specific details of our Agreement will be in the Fees and Service/Product Contract.