Welcome to TidalMind
These Terms of Service ("Terms") govern your access to and use of the TidalMind website, products, and services ("Services"). Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
1. Acceptance of Terms
By accessing our website at tidalmind.com.au or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not use our Services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.
3. Account Registration
Some features of our Services may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. User Content
Our Services may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You retain ownership rights in your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing our Services.
You represent and warrant that:
- You own or have the necessary rights to use and authorize us to use your User Content as described above;
- The User Content does not infringe upon the rights of any third party, including intellectual property rights and privacy rights;
- The User Content does not contain material that is unlawful, defamatory, obscene, invasive of privacy, or otherwise objectionable.
5. Prohibited Activities
In using our Services, you agree not to:
- Use our Services in any manner that could disable, overburden, damage, or impair the site;
- Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services;
- Use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material;
- Use our Services in any way that violates any applicable federal, state, local, or international law or regulation;
- Impersonate or attempt to impersonate TidalMind, a TidalMind employee, another user, or any other person or entity.
6. Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of TidalMind and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TidalMind.
7. Product Purchases
If you wish to purchase any product made available through our Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
- You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase;
- The information you supply to us is true, correct, and complete.
All product descriptions and pricing are subject to change without notice, at the sole discretion of TidalMind. We reserve the right to refuse any order placed through our Services at our sole discretion.
8. Refunds and Returns
Please refer to our Refund Policy posted on our website for information regarding returns, refunds, and exchanges. By making a purchase, you agree to be bound by our Refund Policy.
9. Third-Party Links
Our Services may contain links to third-party websites or services that are not owned or controlled by TidalMind. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that TidalMind shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
10. Termination
We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
11. Limitation of Liability
In no event shall TidalMind, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use our Services;
- Any conduct or content of any third party on our Services;
- Any content obtained from our Services;
- Unauthorized access, use, or alteration of your transmissions or content.
12. Disclaimer
Your use of our Services is at your sole risk. Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
14. Changes to Services
We reserve the right to withdraw or amend our Services, and any service or material we provide through our Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period.
15. Contact Information
If you have any questions about these Terms, please contact us at:
TidalMind
123 Mindful Way, Byron Bay, NSW 2481, Australia
Email: [email protected]
Phone: +61 488 112 233
Last Updated: January 15, 2025