MIND INSURANCE TERMS AND CONDITIONS OF USE
Thanks for choosing Mind Insurance (“Mind Insurance”, “we”, “us”, “our”). By signing up or otherwise using the Mind Insurance service, websites, and software applications (together, the “Mind Insurance Service” or “Service”), or accessing any content or material that is made available by Mind Insurance through the Service (the “Content”) you are entering into a binding contract with the Better Humans Pty Ltd, The Mind Insurance Service also includes the Mind Insurance Community Forum as further in <>
Please read the Agreements carefully. They cover important information about Mind Insurance Services provided to you and any charges, taxes, and fees we bill you.
In order to use the Mind Insurance Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreement (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Mind Insurance is true, accurate, and complete, and you agree to keep it that way at all times.
Changes to the Agreement
Occasionally we may, in our discretion, make changes to the Agreement. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through email@example.com
By clicking on the “I agree” (or similar button) that is presented to you at the time of your, or by using or accessing Mind Insurance’s Service, you indicate your agreement to be bound by this Agreement.
Mind Insurance Options
Our Services & Paid Subscriptions
Mind Insurance provides an online platform of automated and guided activities. Certain Mind Insurance services are provided to you free-of-charge. Other Mind Insurance services require payment before you can access them. The Mind Insurance services that may be accessed after payment are currently referred to as the Happier package and the Happier Premium package (together, the “Paid Subscriptions”). The Mind Insurance service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our mindinsurance.com.au
Rights we grant you
The Mind Insurance Service and the Content are the property of Mind Insurance or Mind Insurance’s licensors. We grant you limited, non-exclusive, revocable permission to access the Mind Insurance Service, and limited, non-exclusive, revocable permission to access the Content for personal, non-commercial, entertainment purposes (your “Access”). Your Access shall remain in effect until and unless terminated by you or Mind Insurance. You promise and agree that you are accessing the Content for your own personal, non-commercial, entertainment purposes and that you will not redistribute or transfer the Mind Insurance Service or the Content.
The Mind Insurance software applications are not sold, to you, and Mind Insurance and its licensors retain ownership of the Content and all copies of the Mind Insurance software applications even after the latter is installed on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). Your Access to the Content does not give you any ownership rights to the Content. All Mind Insurance trademarks, service marks, trade names, logos, domain names, and any other features of the Mind Insurance brand (“Mind Insurance Brand Features”) are the sole property of Mind Insurance or its licensors. The Agreements do not grant you any rights to use any Mind Insurance Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Mind Insurance Service, or any part thereof, or access the Content, or any part thereof, in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Mind Insurance grants no right, title, or interest to you in the Mind Insurance Service or Content.
Third party software (for example, open source software libraries) included in the Mind Insurance Service are made available to you either under the Agreements or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
We may leverage our employees, those of our corporate affiliates and third party contractors (the “Mind Insurance Extended Family”) in exercising our rights and
performing our obligations under the Contract. We will be responsible for the Mind Insurance Extended Family’s compliance with our obligations under the Contract.
Protecting Customer Data
The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards at a level not materially less protective than as described in our Security Practices page. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of Customer Data by our personnel. Before sharing Customer Data with any of our third-party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Customer Data and preventing unauthorized access. Customer (not us) bears sole responsibility for adequate security, protection and backup of Customer Data when in Customer’s or its representatives’ or agents’ possession or control or when Customer chooses to use unencrypted gateways (e.g., IRC/XMPP clients) to connect to the Services. We are not responsible for what Customer’s Authorized Users or Non-Slack Products do with Customer Data. That is Customer’s responsibility.
Third Party Applications
The Mind Insurance Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Mind Insurance does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
Mind Insurance users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Mind Insurance Community Forum as well as any other part of the Mind Insurance Service.
You promise that, with respect to any User Content you post on Mind Insurance, (1) you have the right to post such User Content, and (2) such User Content, or its use by Mind Insurance as contemplated by the Agreement, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Mind Insurance or any artist, band, label, entity or individual without express written consent from such individual or entity.
Mind Insurance may, but has no obligation to, monitor, review, or edit User Content. In all cases, Mind Insurance reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in
Mind Insurance’s sole discretion, violates the Agreements. Mind Insurance may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Mind Insurance is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST MIND INSURANCE RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD MIND INSURANCE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Mind Insurance Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you. In any part of the Mind Insurance Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Mind Insurance (e.g. podcasts) may contain advertising as part of the Content. In such cases, Mind Insurance will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Mind Insurance in connection with the Mind Insurance Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorise Mind Insurance to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Mind Insurance a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Mind Insurance respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to
make sure Mind Insurance stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Mind Insurance Service or the Content, or otherwise making any use of the Mind Insurance Service or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Mind Insurance Service or the Content or any part of it;
- using the Mind Insurance Service to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Mind Insurance Service, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by Mind Insurance, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Mind Insurance Service or the Content;
- circumventing any territorial restrictions applied by Mind Insurance or it licensors;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Mind Insurance Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the Mind Insurance Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Mind Insurance.
Please respect Mind Insurance, the owners of the Content, and other users of the Mind Insurance Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including
but not limited to violations of intellectual property rights, privacy rights, or
proprietary rights of Mind Insurance or a third party;
- includes your password or purposely includes any other user’s password or
purposely includes personal data of third parties or is intended to solicit such
- includes malicious content such as malware, Trojan horses, or viruses, or
otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote content;
- involves the transmission of unsolicited mass mailings or other forms of spam
(“spam”), junk mail, chain letters, or similar, including through the Mind
- involves commercial or sales activities, such as advertising, promotions,
contests, sweepstakes, or pyramid schemes, that are not expressly
authorized by Mind Insurance;
- links to, references, or otherwise promotes commercial products or services,
except as expressly authorized by Mind Insurance;
- interferes with or in any way disrupts the Mind Insurance Service, tampers
with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Mind Insurance’s computer systems, network, usage rules, or any of Mind Insurance’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreement, as determined by Mind Insurance.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Mind Insurance account. You also agree that Mind Insurance may also reclaim your username for any reason.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Infringement and reporting User Content
If Mind Insurance is notified by a copyright holder that any Content infringes a copyright, Mind Insurance may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Mind Insurance with a request to restore the removed content.
Service limitations and modifications
Mind Insurance will make reasonable efforts to keep the Mind Insurance Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Mind Insurance reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Mind Insurance Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Mind Insurance Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Mind Insurance permanently discontinues Mind Insurance will refund you the prepaid fees for the pre-paid period after such discontinuation. You understand, agree, and accept that Mind Insurance has no obligation to maintain, support, upgrade, or update the Service, or to provide
all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Mind Insurance and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
Mind Insurance Community Forum
The Mind Insurance Community Forum is a place for discussions and exchange of information, tips, and other research about happiness and wellbeing related to the Mind Insurance Service. In order to use the Mind Insurance Community Forum, you must (1) have an existing Mind Insurance account; and (2) authenticate your Mind Insurance account for use on the Community Forum (a “Mind Insurance Community Forum Account”). Instructions for creating a Mind Insurance Community Forum Account can be found inside your Happiness Lab. In addition to the Agreements, you also agree to adhere to the Mind Insurance community forum guidelines will be presented with upon registration (the “Community Forum Guidelines”) when using the Mind Insurance Community Forum. If you do not agree to the Agreements or the Community Forum Guidelines, you may not use the Mind Insurance Community Forum.
Mind Insurance Community Forum Accounts
By creating a Mind Insurance Community Forum Account, you confirm that any registration information that you submit to Mind Insurance is true, accurate, and complete and that you will update such information in order to keep it current. It is strictly prohibited to include information in your profile that suggests that you are a Mind Insurance employee or moderator or to otherwise pose as such an employee or moderator when using the Mind Insurance Community Forum. You also acknowledge and agree that Mind Insurance may remove or reclaim your username at any time if Mind Insurance in its absolute discretion considers such action appropriate.
No official support
No User Content or other content posted by Mind Insurance employees, moderators and/or representatives on the Mind Insurance Support Community should be construed as official support provided by Mind Insurance. Any content provided or made available to you on the Mind Insurance Community Forum by Mind Insurance employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind.
You acknowledge that opinions expressed in User Content on the Mind Insurance Community Forum are those of contributors of such User Content only and do not reflect the opinions or policies of Mind Insurance or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a request form to our customer service department using the Customer Service contact form on the About Us section of our
website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
Payments, Renewals and Cancellations
Subscriptions can be purchased directly from Mind Insurance by paying in advance either (1) a quarterly subscription fee (“Quarterly Subscription”) or (2) paying an annual subscription fee (“Annual Subscription”) (Quarterly Subscription and Annual Subscription together known as “Paid Subscription”).
Your Paid Subscription to Mind Insurance will automatically renew for the relevant period at the end of the subscription period.
If you do not want to renew your Quarterly Subscription you can cancel it by giving notice at least 30 days before the end of the current subscription period by cancelling your subscription in the Upgrade TAB of your Happiness Lab. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service (Happy Package).
You can cancel your Annual Subscription at any time after the first three months of your subscription by giving notice 30 days by cancelling your subscription in the Upgrade TAB of your Happiness Lab. The cancellation will take effect the day after the expiration of the 30 days notice and you will be downgraded to the Free Service (Happy Package). You will receive a pro rata refund for made any remaining months of your Annual Subscription.
Mind Insurance may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by law, you accept the new price by continuing to use the Mind Insurance Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Mind Insurance Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
Term and Termination
As further described below, a free subscription continues until terminated, while a paid subscription has a term that may expire or be terminated. The Agreement remains effective until the subscription ordered under the Agreement has expired or been terminated or the Agreement itself terminates. Termination of the Agreement will terminate the subscription.
Termination for Cause
We or you may terminate the Agreement on notice to the other party if the other party materially breaches the Agreement and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. We may terminate the Agreement immediately on notice to you if we reasonably believe that the Services are being used by you in violation of applicable law.
Termination Without Cause
You may terminate a free subscriptions immediately without cause. We may also terminate your free subscriptions or Paid Subscriptions without cause, but we will provide you with thirty (30) days prior written notice.
Effect of Termination
Upon any termination for cause by you, or without cause by us, we will refund you any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, you will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve you of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
Warranty and Disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE MIND INSURANCE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE MIND INSURANCE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIND INSURANCE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER MIND INSURANCE NOR ANY OWNER OF CONTENT WARRANTS THAT THE MIND INSURANCE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, MIND INSURANCE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE MIND INSURANCE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT MIND INSURANCE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE MIND INSURANCE SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER
ORAL OR IN WRITING OBTAINED BY YOU FROM MIND INSURANCE SHALL CREATE ANY WARRANTY ON BEHALF OF MIND INSURANCE IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Limitation of Liability
OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER YOUR OR THE MIND INSURANCE’S EXTENDED FAMILY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT TERMS” SECTION ABOVE.
IN NO EVENT WILL EITHER CUSTOMER OR ANY MEMBER OF THE MIND INSURANCE EXTENDED FAMILY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Nothing in the Agreement removes or limits Mind Insurance’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under this Agreement between the parties, and the Agreement and the pricing for the Services.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Mind Insurance harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Mind Insurance Service; and (4) your violation of any law or the rights of a third party.
Third party rights
You acknowledge and agree that the owners of the Content are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreement are not intended to grant rights to anyone except you and Mind Insurance, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
All sections herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
Other than as stated in this section or as explicitly agreed upon in writing between you and Mind Insurance, the Agreement constitute all the terms and conditions agreed upon between you and Mind Insurance and supersede any prior agreements in relation to the subject matter of these Agreement, whether written or oral.
Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Mind Insurance or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Mind Insurance’s or the applicable third party beneficiary’s right to do so.
Neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Mind Insurance may assign the Agreements or any part of them, and Mind Insurance may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or your rights under the Agreements, to any third party.
Dispute Resolution – Arbitration. In the event of any controversy or claim arising out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to this Agreement shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in Victoria, Australia. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.
This Agreement will be governed by and construed in accordance with the applicable laws of the state of VICTORIA, Australia. Each party irrevocably agrees that any legal action, suit or proceeding that is not otherwise subject to the Dispute Resolution and arbitration provisions must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State of Victoria, Australia, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts Victoria, Australia, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. Notwithstanding the foregoing, Mind Insurance may bring a claim for equitable relief in any court with proper jurisdiction.
Dispute resolution and arbitration
You and Mind Insurance agree that any dispute, claim, or controversy between you and Mind Insurance arising in connection with or relating in any way to these Agreements or to your relationship with Mind Insurance as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including legal fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause (24.3.1) above, you and Mind Insurance both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
Either you or we may start arbitration proceedings. Any arbitration between you and Mind Insurance will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and the law to be applied in any arbitration shall be the law of the State of Victoria, Australia, without regard to choice or conflicts of law principles.
If you have any questions concerning the Mind Insurance Service or the Agreements, please contact Mind Insurance customer service firstname.lastname@example.org
Thank you for reading our Terms. We hope you enjoy Mind Insurance!
The Team at Mind Insurance