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Privacy Policy | Website Terms & Conditions

18 July 2016

1. About this Privacy Policy

  • Wellthy Pty Ltd trading as The Mindful Wealth Movement is committed to protecting your privacy and safeguarding your personal information. We are committed to handling personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).
  • The purpose of this Privacy Policy (Policy) is to inform you about the types of personal information we collect, hold, use and disclose. It also explains how we collect, use and hold personal information, and to whom we may disclose personal information. This Policy also outlines what you can do if you have concerns about this Policy or your privacy.
  • In this Policy, personal information has the same meaning as defined under section 6 of the Privacy Act, being:
    • personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
    • (a)  whether the information or opinion is true or not; and
    • (b)  whether the information or opinion is recorded in a material form or not.
  • In this Policy, we, our and us refers to Wellthy Pty Ltd trading as The Mindful Wealth Movement and you and yourself refers to any person about whom we collect personal information.

2. What kinds of personal information do we collect?

We will collect personal information about you when you enrol in an online program, intensive workshop or a wellness retreat, such as your name, address and contact details (eg telephone number and email address).  We will collect your email address if your subscribe to our mailing list.

  • We also collect personal information that is provided to us in the course of normal business operations, such as if you make an enquiry about our services, fill in a survey or apply for employment with us. The kinds of information we collect will depend on what is provided to us, but typically would include your name, address and contact details.
  • We generally do not collect sensitive information, such as information about your racial or ethnic origin, political opinions or associations, religious beliefs or affiliations, sexual orientation or practices, criminal record or health or genetic information.

3. How do we collect your personal information?

  • Personal information is collected through our website, via email or telephone and in person when you enquire about or enrol in an online program, intensive workshop or wellness retreat.
  • Sometimes we may collect your personal information from a third party, such as where someone who knows you provides us with your information so we can contact you. We may also collect personal information from public sources.

Collection can occur in a number of different ways, such as by online forms, email, telephone, mail and in person.

4. How do we hold your personal information?

  • We hold personal information in various ways, such as in an electronic database which may be hosted by a third party service provider. We take physical and electronic security measures to safeguard personal information from loss, misuse, unauthorised access, modification or disclosure. This may include restricting access to personal information, entering into confidentiality agreements with third parties and using current technological protection measures.

5. What are the purposes for which we collect, hold, use and disclose your personal information?

We collect, hold, use and disclose other information for the purposes of:

(a) enrolling you in our online programs, intensive workshops or wellness retreats and administering your enrolment;

(b) keeping you informed about our services that we think may be of interest to you (unless you have told us that you do not want this information);

(c) managing your relationship with us, including providing you with access to our services and charging you for the services you use;

(d) responding to enquiries and communications we receive about us and our services;

(e) collecting feedback and developing, improving, managing and administering our services;

(f) considering employment applications; and

(g) other purposes which are disclosed at the time of collection or which you consent to or are required by law.

6. Who do we disclose personal information to?

  • We may disclose other personal information to our agents and contractors. If we do this, we generally require the third party to protect personal information in the same way we do.
  • We may also disclose personal information to public authorities if we are required to do so by law.
  • We will never sell your personal information to anyone else.

7. Do we disclose personal information to overseas recipients?

  • We may disclose your personal information to overseas recipients. Typically they will be located in [insert list of countries or regions]. We will take reasonable steps to ensure that overseas recipients do not breach the APPs in relation to your personal information.

8. How can you access, update or seek correction of your personal information?

  • You can contact us to ask for access to your personal information held by us or request to have it updated or corrected. To protect your personal information, we will always confirm your identity before giving access or making any change. In limited circumstances, we may decline your request to access or to update your personal information.  If that happens, we will provide you a written reason for our decision.
  • Generally, there is no cost for accessing your personal information unless the request is complex, resource intensive or we incur additional costs in providing you with access. If there is a charge, it will be reasonable and we will let you know what it is going to be so that you can agree to it before we proceed.
  • If you wish to have your personal information removed from our records, you may request that your personal information be removed or destroyed. It may not always be possible to comply with your request.

9. Can you deal with us anonymously?

  • In some cases, you may be able to deal with us anonymously (for example, browsing our website or making an enquiry about our services). However, it is generally not practicable for us to deal with you anonymously on an ongoing basis. If we cannot collect personal information about you, we may not be able to provide you with our services or otherwise respond or deal with you.

10. How do you make a complaint?

  • If you have any questions or concerns about this Policy or how your personal information is handled by us, you may contact us. Our contact details are at the end of this Policy.
  • We will aim to respond to your request or complaint promptly. We take all complaints seriously and are committed to a quick and fair resolution.
  • You may also make a complaint to the Office of the Australian Information Commissioner (OAIC). If you do so, the OAIC may recommend that you try to resolve your complaint directly with us in the first instance. The OAIC can be contacted on 1300 363 992 or via the Office of the Australian Information Commissioner The website also contains further information about making complaints relating to privacy.

11. How do we change this Policy?

  • We may change this Policy at any time without notice to you. We recommend that you visit our website regularly to keep up to date with any changes.
  • You can download the latest copy of the Policy at http://wellthyco.com.

12. How do you contact us?

  • You can contact us by emailing our privacy officer at alison@themindfulwealthmovement.com or telephoning us on (0427) 151844.

Terms and Conditions | Privacy Policy

29 August 2016

1. Website Terms and Conditions – Contents

These terms consist of the following parts:

  • Part 1 (Contents) – this table of contents.
  • Part 2 (General advice warning) – disclaimer that applies to information provided on the Website.
  • Part 3 (Terms that apply to users of the Website) – terms that apply to users of the Website.
  • Part 4 (Other Terms) – terms that apply to all users.
  • Part 5 (Definitions) – defined terms that are used in these terms.
  • These terms were last updated and are effective from 29 August 2016. These terms may be updated from time to time. If you have any questions regarding these terms, please contact us. Our contact details are on the Website.

2. General advice warning

The information contained on this Website, in our Courses and in our documents is general in nature and does not take into account your personal circumstances, financial situation, needs or objectives. You should consider whether the advice is appropriate before acting on the advice.  Where appropriate, you should seek independent professional advice from a financial adviser.  Where the advice relates to a particular financial product, you should obtain a Product Disclosure Statement (PDS) (if required) relating to the product and consider the PDS before making any decision about whether to acquire the product.

3. Terms that apply to users of the Website

3.1  Application of this Part

  • The terms in this Part 3 apply to all users of the Website. Before using the Website, please read these terms. We may change these terms in accordance with clause 4.2.  If you do not agree with these terms, please do not use the Website.

3.2 About the Website

  • The Website provides information about us and our products and services. The website contains links to another website we operate, themindfulwealthmovement.com. This website and related Courses and programs are governed by these same terms and conditions.

3.3 Security

  • We do not accept responsibility for loss or damage to computer systems arising in connection with use of the Website.  You should take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.

3.4  Third Party Content

  • The Website may contain text, images, data and other content provided by a third party (Third Party Content).  We may (but will not necessarily) review Third Party Content.  We take no responsibility for Third Party Content and make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.  We may not check Third Party Content for viruses or other harmful code.

3.5 Copyright

  • All material on the Website, including text, graphics, information architecture and coding is subject to copyright that is owned or licensed by us.  This material may be reproduced for non-commercial purposes, or for purposes permitted by law, provided any reproduction is unaltered, shows the date of first publication and an attribution of source is included.  No other use may be made of this material without our prior written permission.

3.6 Trade marks

  • Except where otherwise specified, any word or device used with the ™ symbol is an unregistered trade mark, or the ® symbol is a registered trade mark.  Our trade marks may not be used except as expressly permitted by these terms or otherwise with prior written permission from the trade mark owner.

3.7 Linked websites

  • The Website may include advertisements and links to websites operated by third parties.  Those third party websites do not form part of the Website and are not under our control or responsibility.  Unless expressly stated otherwise, we do not endorse, approve or otherwise accept any responsibility for the accuracy, currency or completeness of the information contained on linked websites or their privacy practices.  Any advertising on the Website does not imply an endorsement or recommendation by us.

3.8 Privacy

  • You acknowledge and consent to your personal information being used, disclosed and otherwise handled in accordance with our Privacy Policy.  If you are a recipient of personal information in connection with the Website, you must comply with our Privacy Policy in the handling of this information. Our Privacy Policy is located at http://wellthyco.com/terms.

4. Other Terms

4.1 Application of this Part

  • The terms in this Part 4 applies to all users of the Website.

4.2 Changes and communications

(a) We may change these terms at any time in our absolute discretion.  We will notify you of relevant changes.  The changes take effect from the date we notify you of the changes, unless we specify a different date (but we will always give you reasonable notice of any changes that materially affect you).  If you are not satisfied with a change to these terms, you may deregister.

(b) Where these terms require or permit us to notify you, we will use our reasonable endeavors to do so, but we will not be liable for any failure to do so.  We may notify you in any way including by making the information available on the Website or contacting you by email.  Where we make information available on the Website, it is taken to be received by you at the time the information is made available on the Website.  Where we give information by email, it is taken to be received by you when the email is sent, regardless of any response to the email.

(c) Where you wish to notify us of something, you can do so by sending us an email or letter to the address on the Website.

(d) We will use our reasonable endeavors to ensure that information we provide to you is correct.  However, to the extent permitted by law, we accept no responsibility for any inaccuracy or misdescription in the information provided by us.

4.3 Warranties and liabilities

(a) To the extent permitted by law, any condition or warranty which would otherwise be implied in these terms whether by statute or otherwise is excluded.  Without limiting the foregoing, we do not represent or warrant that:

(i) the Website will be error free or continuously available; or

(ii) that using the Website will achieve any particular results for you.

(b) To the extent a Consumer Guarantee applies to services supplied under these terms, our liability for any non-compliance with the Consumer Guarantee (other than a guarantee for which liability cannot be limited) is limited at our option to one or more of the following:

(i) supplying of the services again; or

(ii) payment of the cost of having the services supplied again.

(c)  To the extent permitted by law, we will not be liable for any loss of profit, savings, contracts, revenue, interest or goodwill or for any consequential, indirect, incidental, special or punitive loss, damage or expenses or loss of data or, except as expressly provided in these terms, for any amounts payable by you to any third party, even if we have been advised of their possible existence and even if such loss, damage or expense is caused by our negligence.

(d) For any liability not excluded by the preceding clauses, our liability in relation to these terms howsoever caused, including negligence, is limited to the greater of (i) $100; and (ii) the amount paid by you to us under these terms in the previous 12 months.

4.4 Indemnity

  • You indemnify and defend us and our officers, employees, agents and contractors (“those indemnified”) against claims, liabilities, losses, damages, costs and other expenses made against, or suffered or incurred by those indemnified as a result of:

(a) your use of the Website or

(b) a breach of these terms, or negligence relevant to these terms, by you.

  • In conducting a claim, suit or action in respect of which you indemnify those indemnified, you will, at your expense, comply with our reasonable directions.

4.5  General

(a) We will not be liable for any delay or failure to perform where such delay or failure was caused by circumstances beyond our reasonable control.

(b) We can exercise our rights at any time within the limits of the law.  If we delay in exercising our rights, this does not mean we give up those rights.

(c)You cannot transfer or assign its responsibility for, or its rights under, these terms without our prior written consent.  We can transfer or assign our responsibility for, or our rights under, these terms at any time to any person without telling you.

(d) When we are required by law to give information to you, you consent to that information being given by an electronic communication.  We are not required to provide an unsubscribe facility in electronic communications we send to you.

(e) The laws of Queensland, Australia govern these terms.  You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in any action or legal process concerning these terms.

(f) In these terms, headings are for convenience only and do not affect interpretation, and unless the context requires otherwise:

(i) person includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;

(ii) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;

(iii) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(iv) includes in any form is not a word of limitation; and

(v) to the extent an indemnity or release is of persons other than us, we have sought and obtained the indemnity or release as agent for those persons and hold the benefit of that indemnity or release as trustee, and we may enforce that release or indemnity on behalf of those persons and for their benefit.

5. Definitions

In these terms:

  • Consumer Guarantee means a guarantee under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Privacy Policy means our privacy policy located at http://wellthyco.com/terms.
  • we, us and our means Wellthy Pty Ltd ACN 610 447 311 trading as The Mindful Wealth Movement.
  • Website means the Wellthy website at http://www.wellthyco.com.
  • you means any person who uses the Website or participates in a Course, and includes anyone acting on behalf of, or with the express or implied authority of, that person.
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