Terms and conditions

1. Terms and acceptance

1.1 The Terms are between you and the University and govern your use of the Services.

1.2 The Services are available to you on the condition that you accept, without alteration:

• 1.2.1 the Terms; and
• 1.2.2 any other reasonable directions the University give you concerning the use of the Services.

1.3 The University may update the Terms from time to time, including to reflect changes in the Services or legal requirements. The University will exercise reasonable commercial endeavours to provide notice of any material changes to the Terms in a manner it deems appropriate.

1.4 If you do not agree to the Terms or any changes to the Terms, you must not use the Services. By continuing to use the Services, you are agreeing to the Terms.

2. The services

2.1 The University’s role

The University provides the Services under the Terms and for the Objectives.

2.2 Scope of Services offered by the University

• 2.2.1 The University coordinates and facilitates guided meditation and mindfulness session events, acting as a moderator. These events may be delivered through different methods, including online platforms or in-person sessions.
• 2.2.2 You agree and acknowledge that:
  • (a) the University is not the instructor who carries out the teaching and the practice aspect of the guided meditation and/or mindfulness session events (as applicable);
  • (b) the University’s role in these events is solely that of a coordinator, facilitator and moderator, whereby the University will use reasonable commercial efforts to perform the following activities as it deems reasonable or appropriate:

  (i) general event coordination, including organising, planning, scheduling and managing the logistics of the sessions;

  (ii) general event registration and event promotion activities;

  (iii) pre-event coordination activities;

  (iv) during each guided meditation and/or mindfulness session (as applicable), as a moderator, performing general session facilitation activities, such as introducing the instructor and addressing event housekeeping matters; and

  (vi) in the case of guided meditation and/or mindfulness conducted via online platforms (as applicable), setting up remote sessions by coordinating and nominating an appropriate online platform to conduct the sessions remotely;

but at all times during the sessions, the University will not engage in actual meditation and/or mindfulness practices or teaching (as applicable).

(c) the actual meditation or mindfulness practices are guided and conducted by external instructors who carry out the teaching and the practice aspects of the sessions. In particular:

• (i) the University does not directly lead the teaching of and/or the practice of meditation and as such does not make any representations or warranties as to, and is not responsible for, the accuracy, reliability, effectiveness, suitability or any other aspect of the information and teachings of, or otherwise provided by, the external instructors;
• (ii) the external instructors are generally solely responsible for ensuring that the meditation and/or mindfulness sessions comply with any applicable laws, rules, and regulations; and
• (iii) unless otherwise expressly stated, any materials provided by the external instructors in connection with the Services are prepared by the relevant external instructors. Any such materials do not imply any endorsement by the University, and the University is not responsible for their content.

2.3 Health and medical disclaimer

• 2.3.1 You agree and acknowledge that the provision of the Services provided by the University:
  • (a) are for educational purposes only. They are general in nature, not specific to you as an individual, do not consider your personal circumstances and may not be appropriate or relevant to you. It is your sole responsibility to assess the suitability of your participation in these sessions. For additional resources, you may refer to the FAQs;
  • (b) do not constitute health service, including as defined in the Health Complaints Act 2016 (Vic);
  • (c) do not constitute medical advice;
  • (d) are not to be relied on for any medical decisions;
  • (e) are not a substitute for professional medical consultation, diagnosis, or treatment; and/or
  • (f) are not intended to be used in an emergency, including medical emergency.

  2.3.2 You should always obtain professional or medical advice, appropriate to your own circumstances, with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining advice from your doctor or other qualified health provider due to anything related to the Services. If you think you may have a medical emergency, call your doctor immediately or seek emergency help.

• 2.3.3 The University will have no liability for any decisions or actions you take based on the information or recommendations provided through the Services.

2.4 Limitations

• 2.4.1 You must only use the Services for the purposes related to the Objectives.
• 2.4.2 Without limiting the generality of clause 2.4.1, you must not do any of the following without the University’s prior written consent:
• (a) access the Services in an unauthorised manner, including violations of any applicable laws;
• (b) perform any fraudulent activity while using the Services;
• (c) conduct yourself in an offensive manner while using the Services;
• (d) use the Services for any illegal, immoral or harmful purpose;
• (e) use the Services for any purposes related to research, analysis or evaluation of the Services without the express written consent of the University;
• (f) rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part or use the Services except for your own personal use;
• (g) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property rights; and

3. Payments

3.1 The Services may include both free and paid options.

3.2 If Fees apply, then:

• 3.2.1 the University reserves the right to determine pricing for the relevant Services;
• 3.2.2 the University will make reasonable efforts to ensure that relevant pricing information for the relevant Services is accessible and up-to-date;
• 3.2.3 in addition to the Fees, you may also be required to pay other charges, such as facility fees, taxes, processing charges;
• 3.2.4 before you pay any Fees and/or charges referred to in clause 3.2.3, you will have the opportunity to review and accept the amount that you will be charged;
• 3.2.5 to access the relevant Services, you may need to pay the Fees and applicable charges in full using the payment methods associated with the Services. You authorise the University to process the payment from your nominated payment method for the applicable Fees and charges;
• 3.2.6 If the University use a third-party payment processor, your use of the payment processing services will be subject to the applicable terms of service and privacy policy of that third party; and
• 3.2.7 all matters related to cancellation and refunds, including any refund requests, will be subject to the Cancellation and Refund Policy, which is incorporated into and forms part of the Terms.

4.  Privacy

4.1 The University takes privacy seriously and the University’s Privacy Policy, explains the ways in which the University collect, use, store, protect and disclose information.

4.2 By using the Services, you agree:

• 4.2.1 that the University Privacy Policy is incorporated into and are part of the Terms;
• 4.2.2 to comply with the University Privacy Policy and guidelines, as may be updated from time to time;
• 4.2.3 that the University collects personal information from you to provide you with the Services and for the purposes described in our Privacy Policy generally; and
• 4.2.4 in order to perform the Services and for the purposes described in the University Privacy Policy, the University may disclose some of your personal information to our related bodies corporate and to other persons or entities as outlined in our Privacy Policy.

5. Confidentiality

Both you and the University must keep the other party’s Confidential Information confidential unless required by applicable laws. Confidential Information may not be used except for the purpose of performing obligations or enforcing rights under the Terms or with the prior written consent of the other party.

6.  University intellectual property rights

The University own or are licensed to use all Intellectual Property Rights related to the Services. You agree not to infringe these rights.

7. Warranties

7.1 Except as expressly set out in this Terms and to the fullest extent permitted by law, the University disclaims all warranties regarding the Services.

7.2 To the extent permitted by  law,  in the  event  of  breach  by  the University of  any warranties implied by law or any breach of a consumer guarantee under the Australian Consumer Law, then the University’s liability will be limited to the University, using commercially reasonable efforts, to any  one  of  the  following  as  determined  by the University:

• 7.2.1 the supplying of the Services again; or
• 7.2.2 the payment of the cost of having the Services supplied again.

8.  Liability and indemnity

8.1 The first party (Indemnifying Party) will indemnify and hold the other party harmless against any liability, loss, damage, expense, or third-party claims reasonably incurred or suffered directly arising from:

• 8.1.1 any infringement by the Indemnifying Party of clause 6 (intellectual property), any third-party intellectual property rights and/or misuse of any person’s Confidential Information in connection with the Terms;
• 8.1.2 any wilful, criminal or fraudulent act or omission by the Indemnifying Party in breach of the Terms; and/or
• 8.1.3 any personal injury, death or property damage caused by the acts or omissions of the Indemnifying Party in connection with the Terms.

8.2 Without limiting the benefit, coverage, application and/or extent of any benefit provided by any relevant insurance policy coverage, subject to clause 8.3, clause 8.4 and clause 8.5, and to the extent permitted by law, each party’s maximum aggregate liability to other party or any other person for all and any and all claims or loss, damage or expense (in aggregate):

• 8.2.1 howsoever arising in connection with the Terms (including in equity, contract, tort or negligence) whether directly or indirectly; and/or
• 8.2.2 arising under clause 8.1.1,

will be limited to the greater of:

• 8.2.3 AUD $100.00; or
• 8.2.4 an amount equal to three times the Fees, and

for the avoidance of any doubt, neither party excludes or limits its liability to the other for claims or loss, damage or expense arising under clause 8.1.2 or 8.1.3.

8.3 To the maximum extent permitted by law, but excluding any event set out in clause 10.1, neither party will be liable to the other party for any consequential or indirect loss or damage, including for example loss of revenue, wasted overheads, loss of opportunity, loss of profit and any costs or damages sustained as a result of a claim by a third person arising out of or in connection with the Terms.

8.4 To the maximum extent permitted by law, a party’s liability to the other party in connection with the Terms will be reduced proportionately by the extent to which the acts or omissions of the other party caused or contributed to the relevant loss suffered or incurred by the other party.

8.5 Notwithstanding any other term of the Terms, the University will have no liability whatsoever to you for any liability, loss, damage, expense, or claim caused directly or indirectly by:

• 8.5.1 the failure by you to comply with any applicable laws;
• 8.5.2 a failure by you to comply with its obligations under the Terms;
• 8.5.3 the act or omission of any person not within the University’s reasonable control; or
• 8.5.4 a Force Majeure event.

9. Insurance

The University will effect and maintain all insurances reasonably necessary related to the Services.

10. Termination

10.1 Subject to the Cancellation and Refund Policy, the Terms may be terminated:

• 10.1.1 by either party with immediate effect by giving written notice if the other party materially breaches the Terms and fails to remedy the breach within 5 days after receiving notice requiring it to do so;
• 10.1.2 at any time by mutual agreement; or
• 10.1.3 by either party for convenience with a 10 days’ written notice to the other party.

11. GST

11.1 In this clause 11, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that act.

11.2 If GST is payable on a supply made under these Terms, the price, excluding GST, will be increased by an amount equal to the applicable GST rate multiplied by the price.

12. General

12.1 Notice

Except for clause 1.3, any notice required under the Terms must be in writing and sent via email. Notices to the University should be sent to Contemplate-CSC@unimelb.edu.au. Notices to you will be sent to the email address you provided during registration.

12.2 Severability

If any provision is invalid or unenforceable, such provision will be deleted but only to the extent necessary and the remaining provisions will remain in full force and effect.

12.3 Jurisdiction

The Terms is governed by the laws of the State of Victoria, Australia. The parties submit to the jurisdiction of the courts of the State of Victoria and any courts which may hear appeals from those courts.

13. Definition

In the Terms, unless the context otherwise requires:

Fees

Fees means the charges determined by the University that apply to a specific Service as advertised by the University in relation to that Service.

Force majeure

means any circumstances, acts or omissions beyond a party’s control including strikes or industrial disputes, acts of God, epidemics and pandemics, acts of government, declared states of emergency, refusal of licence, failures or outages of any utilities (including telecommunications and data communication equipment or services), denial of service attacks, fire, explosion, floods, cyclone, tsunami or other extreme weather events, aircraft unserviceability or unavailability, war, terrorism or civil disturbance, or impossibility of obtaining material and/or data.

Intellectual property rights

means copyright, neighbouring rights, trademarks, designs, all rights in relation to inventions (including patent rights, semi-conductor and circuit layout rights), Confidential Information (including trade secrets and know-how) and any other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, whether or not registered or capable of registration.

Objectives

means the objectives of the Services, which are to introduce participants to, and educate them about, the various types and styles of meditation and educate them on the different meditation and/or mindfulness practices.

Services

means the services described in clause 2.2

Terms

Terms means this Terms and Conditions, and any amendments made in accordance with its terms, and includes any schedules and annexures.

University

means The University of Melbourne (ABN 84 002 705 224).

University Privacy Policy

means the University’s privacy policy, as may be amended from time to time, and which is available at http://www.unimelb.edu.au/unisec/privacy.