Terms and Conditions
Terms and Conditions of Use
Masterpieces of the Mind (ABN 22 123 262 737) (Masterpieces of the Mind), owns, operates and maintains this Website, www.masterpiecesofthemind.com and its subdomains, any social media account operated by Masterpieces of the Mind, any mobile software application made available (App) and the content contained therein, and asserts its copyright.
Masterpieces of the Mind was created for people to share their experiences with Mental Health and how they perceive themselves. Through these interviews, we get to know people on a deeper level, and those that are suffering silently can view these stories and connect. For those willing to speak, it’s an opportunity to embrace their journey.
1. Accessing this Website
1.1 By accessing this Website, Users agree to be bound by these Terms and Conditions of Use. If Users do not agree with any of these terms and conditions, Users are prohibited from using or accessing the Website or the App. The materials contained in this Website and App are protected by applicable intellectual property law. If you are under the age of majority in your state or territory, you must seek parental consent, and they must agree to these Terms and Condition of Use before you use this Website.
1.2 Use of parts of the Website (including those parts of the Website which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
1.3 Masterpieces of the Mind may in its sole and absolute discretion, for any reason or no reason, and without notice:
(a) alter or withdraw any functionality on the Website;
(b) withdraw or suspend access to all or any part of the Website and any Account;
(c) monitor the use of the Website;
(d) subject to any applicable laws, treat any material that Users transmit or display as non-confidential and non-proprietary; and
(e) edit or remove any material that Users may have uploaded, posted, emailed or otherwise transmitted to the Website.
2. Content of the Website
2.1 The Website and App contain information including first person accounts, dramatizations, images, audio and video, materials, data and research (Content) relating to psychological health and the experience of mental illness. Content is not intended as a substitute for a medical practitioner’s or a health professional’s advice, and should not be used for that purpose. Masterpieces of the Mind, its agents and employees actively discourages any self-diagnosis or self-medication. You should disregard any suggestion or Content to the contrary.
2.2 You should consult your medical practitioner or other health professional regarding the applicability of any Content, opinions or suggestions made in the provision of the Website or App with respect to any symptoms, medical or psychological condition. The information provided should not be used other than in conjunction with and in accordance with advice and a treatment program recommended by your medical practitioner or other Health professional. Under no circumstances should you cease taking prescribed medication without your medical practitioner’s approval.
2.3 While every effort is made to ensure that the Content, our Website and App are accurate and up to date, Masterpieces of the Mind makes no representations or warranties in relation to the accuracy, usefulness or completeness of the information provided. Our Content, Website or App should not be taken to constitute professional advice or a formal recommendation. Subject to applicable statutory law, Masterpieces of the Mind excludes all representations and warranties relating to the content and use of any information, including in respect of whether any outcome can or is likely to be achieved as a result of the Content, Website or App.
3. User Licence – Website
3.1 All Content is the intellectual property of Masterpieces of the Mind. Permission is granted to temporarily download any of the Content for personal, non-commercial transitory viewing only.
3.2 This is a grant of a licence, not a transfer of title, and under this licence Users may not:
(a) modify or copy the Content;
(b) use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained on the Website;
(d) remove any copyright or other proprietary notations from the Content; or
(e) transfer the materials to another person or “mirror” the Content on any other server.
3.3 A User’s licence under this clause shall automatically terminate if that User breaches any of these Terms and Conditions of Use. In addition, Masterpieces of the Mind may at its discretion, terminate the licence. Upon termination of the licence, that User will have no right to view the Website or any of the Content therein and that User must destroy any downloaded materials in that User’s possession or control, whether in electronic or printed format.
4. Use of the Website
4.1 Users must not, in connection with the use of the Website, act in a manner which:
(a) is contrary to any law or any third party’s rights, or which may encourage a person to act in a way which is contrary to any law or any third party’s rights;
(b) may result in damage to the Website or any property or equipment of Masterpieces of the Mind, its directors, employees, contractors or agents;
(c) may restrict, disrupt or inhibit any other user from using or enjoying the Website;
(d) endangers the health or safety of any person;
(e) may cause an interference to any business conducted by Masterpieces of the Mind;
(f) upload, post, email or otherwise transmit any of the following to, or through, the Website:
(i) confidential material;
(ii) misleading or deceptive material;
(iii) material which the User does not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
(iv) material which contains a virus, or other harmful or potentially harmful code;
(g) alter, damage or delete any material on the Website;
(h) hold yourself out as having any authority to act on behalf of us; or
(i) collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions of Use.
4.2 Users must obey any lawful instruction of Masterpieces of the Mind in using the Website.
5. Accounts
5.1 In order access the Website, a User may first be required to register a personal, individual account by creating a username and a password and by providing such information as may be required by Masterpieces of the Mind from time to time. In the alternative, a User may register via their supported social media account.
5.2 Account names must not be:
(a) misleading or deceptive;
(b) offensive;
(c) in violation or any law or third party rights.
5.3 Masterpieces of the Mind may, at its sole discretion and for any or no reason, refuse registration of, or cancel an Account.
5.4 Users are solely responsible for activity on the Account and shall be responsible for maintaining the confidentiality of the Account password.
6. Privacy
6.1 Users agree that their personal information will be collected, handled, used and stored in accordance with Masterpieces of the Mind’s Privacy Policy, which can be accessed at www.masterpiecesofthemind.com.
6.2 Without limitation to the terms of Masterpieces of the Mind’s Privacy Policy, users agree to the collection and storage of the following personal and sensitive information, which may include:
Identifying information such as name, photograph, date of birth;
contact information such as home address, home and mobile phone numbers and email address;
medical history and symptoms in relation to symptoms of common mental disorders
6.3 Masterpieces of the Mind may use personal information collected from Users to provide Users with information, updates and our Website. Masterpieces of the Mind may also make Users aware of new and additional products and opportunities available to Users, provided by Masterpieces of the Mind. Masterpieces of the Mind may use Users’ personal information to improve our products, Content, Website and App and better understand Users’ needs.
6.4 Masterpieces of the Mind may contact Users by a variety of measures including, but not limited to telephone, email, sms or mail.
6.5 Masterpieces of the Mind may disclose a User’s personal information to our employees, officers, insurers, professional advisers, agents, suppliers, service providers, customers or subcontractors insofar as reasonably necessary for the purposes set out in Masterpieces of the Mind’s Privacy Policy. Personal information is only supplied to a third party when it is required for the delivery of our Website, or for marketing purposes.
7. Users’ Intellectual Property
All material and content posted or submitted by a User on the Website is the intellectual property of that User. However, each User grants a free and irrevocable licence in perpetuity to Masterpieces of the Mind and its assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the Website or any other products and Website offered by Masterpieces of the Mind, its related bodies corporate, partners, advertisers, suppliers or contractors.
8. No warranties and limitation of liability
8.1 To the extent permitted by law, Masterpieces of the Mind excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Masterpieces of the Mind is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), Masterpieces of the Mind’s liability is limited (to the extent permitted by law) at its option to the following:
in the case of goods supplied or offered by it:
to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of Website supplied or offered by it:
(i) to the supply of the Website again; or
(ii) to the payment of the cost of having Website supplied again.
8.2 Masterpieces of the Mind, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
(a) a User’s use of or inability to use the Website;
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website;
(c) any information available on or through the Website or on or through any website to which there is a link from the Website; or
(d) Masterpieces of the Mind’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
8.3 Users indemnify Masterpieces of the Mind, its related bodies corporate, their officers and employees, and service providers) from and against all:
(a) liability to any third party;
(b) damage to property; and
(c) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to that User’s negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.
9. Revisions and Errata
The materials appearing on Masterpieces of the Mind’s Website could include technical, typographical, or photographic errors. Masterpieces of the Mind does not warrant that any of the materials on its website are accurate, complete, or current. Masterpieces of the Mind may make changes to the materials contained on its website at any time without notice. Masterpieces of the Mind does not, however, make any commitment to update the materials.
10. Links and Advertising
Masterpieces of the Mind has not reviewed sites linked to or from the Website or App or third party advertising. All links and advertising provided are for Users’ convenience only, and Masterpieces of the Mind is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by Masterpieces of the Mind of the site. Use of any such linked website or advertising is at the User’s own risk.
11. Website Terms of Use Modifications
Masterpieces of the Mind may revise these terms of use for its Website or App at any time without notice. By using this Website or App, Users are agreeing to be bound by the then current version of these Terms and Conditions of Use.
12. Governing Law
Any claim relating to these Terms and Conditions of Use or the use of the Website or App shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions, and Users agree to submit to the jurisdiction of the Courts of that State.
13. Severance
If any provision of these Terms and Conditions of Use is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.