Site and Service Terms

Site and Service Terms

Background details

1. Background

Thank you for visiting Mind Your Way.

This page contains our terms of use for accessing our Site and buying products and services from us (Terms).

  • Mind Your Way, MYW, we, & our means Mind Your Way Pty Ltd ABN 54 774 648 719.
  • You or your means the person who visits our Site and / or buys products or services from us via our Site.

What we do

Mind Your Way is a business that loves working with engaged learners to help them develop new skills. We offer various services including coaching, consulting, editing, skills development workshops and courses, and other related products and services (Services).

About these Site and Service Terms

  • Please read these Terms when you visit our Site or buy any of our Services. When you click to ‘accept’ or ‘buy’ our Services, or you access our Site, you accept and agree to these Terms, as updated from time to time, and they apply to our relationship with you.
  • If you do not agree to these Terms or other relevant terms and conditions, such as quote terms, Service specific terms and our Privacy Policy, then you cannot visit or make use of our Site or buy our Services.

Processes, access, and payments

2. Accessing our Site

We take reasonable care but cannot guarantee Site security.

  • We take reasonable care to maintain the security of our Site to protect your personal information and the integrity of the Site.
  • We cannot guarantee the security of our Site, our records, or your personal information.
  • Our Site may be inaccessible from time to time when we perform updates or our suppliers carry out maintenance.

3. Paying for products and services

  • You (or your Sponsor) must pay the Fees to for each Service you buy from us.
  • Unless otherwise agreed with you (or your Sponsor), Fees must be paid in full by electronic funds transfer or credit card payment to the account we notify and on or before a specified due date.

4. Your privacy and the information you give us

  • Any information you provide us is handled in line with our Privacy Policy, available at our Site and contains information about cookies and web beacons which we may use on our Site to monitor browser preferences.
  • By accessing our Site, you consent to our collection and use of your information in line with our Privacy Policy.

Testimonials and content you give to us

  • If you give a review or testimonial in any format, you give us permission to use your content anonymously on our Site.
  • We will not attribute feedback to you by name on our Site without seeking your explicit permission to do so.
  • If you have granted permission for us to attribute feedback to you by name and you later change your mind, let us know and we can remove such attribution.

5. Key confidentiality obligations

  • Both you and we acknowledge and agree Confidential Information is commercially sensitive and valuable and unauthorised disclosure or use of the other’s Confidential Information could give rise to considerable damage.
  • Both you and we must keep the other party’s Confidential Information confidential and must not disclose it or make it available directly or indirectly to any third party in any form without written consent and must protect Confidential Information from unauthorised access or use.
  • Confidential Information can only be used for the purposes set out in these Terms (i.e. the purpose of supplying or marketing our Services). Neither of us can use the other’s Confidential Information for a purpose not allowed under the Terms without express written consent from the other.

Expectations and using MYW Content

6. MYW Content

As part of the Services we supply you, or when you access a Site, we may include MYW Content.

  • We do not guarantee a specific type of MYW Content will be available for a particular length of time.
  • Some MYW Content is only available on a limited or single-use basis.

7. Ownership of Intellectual Property (IP)

We own all Intellectual Property rights in content on our Site or have permission to use or display the content.

  • We grant you a limited license to make use of our Intellectual Property within the MYW Content to the extent required for you to access the Site or make use of a Service you buy from us.
  • The limited license we grant you is single-use, revocable, non-exclusive, non-transferable, for your own personal use, and may only be used for the purposes set out in our agreement with you.

8. Your obligations when using MYW Content

Unless we give you permission in writing, you must not:

  • modify, copy, reverse engineer, or create derivative works of the MYW Content;
  • assign or transfer your account or access to Services or MYW Content to anyone else;
  • sell, publish, claim ownership, or sub-licence MYW Content; or
  • cause or allow anyone else to do anything similar to the above actions.

If you do any of the above, you are in material breach of these Terms and our agreement with you.

  • In addition to being annoyed with you, we may take action to protect our rights without further notice to you.
  • If you have questions or wish to ask permission to use or reproduce MYW Content, please contact us.

9. Disclaimers: Results from buying a Service from us or accessing and acting on MYW Content

Your results depend on the effort you put in

  • We cannot and do not guarantee particular outcomes or results for each person buying Services or accessing Site.
  • Results from a Service depend on your own level of effort, commitment, focus, and dedication (Success Factors).
  • When using skills learned from our Services or MYW Content, you must exercise discretion to determine the appropriateness of our advice in light of the discipline- and genre-specific context of each application and publication, as well as your career as a whole.

Individual results may vary

  • Each person who accesses our Services may experience different results due to their own Success Factors as well as various other factors such as their background knowledge and earlier experiences.
  • Testimonials, reviews, and endorsements from current or past clients advertised or made available on our Site are illustrative examples of potential outcomes only.

10. Disclaimers: We use reasonable care and skill but cannot guarantee 100% fault free

We use reasonable care and skill to deliver Services and the Site to you, however you agree that:

  • We cannot and do not promise our Services or a Site will be continuously available or fault free;
  • If things outside our reasonable control impact on our ability to supply the Service, you agree we are not responsible for impacts on you as a result; and
  • Services, Site, and related content are provided on an ‘as is’ basis, and you are responsible for your use of them.

11. Paying for losses and limiting liability

In some situations, you must pay us if you cause us loss.

  • To the extent allowed by law, you must pay us for any costs we incur that are caused or contributed to by:
    • inaccurate, misleading, or incomplete information you give us;
    • your breach of any applicable laws or regulations;
    • your failure to comply with the Terms; or
    • your use or misuse of a Service, Site, or MYW Content.

Limiting our liability to you

Nothing in these Terms excludes or restricts the consumer laws that apply to your purchase of Services from us, or the use of our Site. If we breach a part of consumer law that is non-excludable, we are liable for that breach.

  • To the extent allowed by law, we exclude all liability for claims by you or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.
  • Unless we cause loss with our negligence or wilful misconduct, we are not responsible for any loss caused by your use of our Site or a Service (or any inability to use a Service or Site).
  • Where we cannot exclude our liability, our total liability to you is limited to us re-supplying the relevant Service to you or, if applicable, paying to you the cost of re-supplying the relevant Services to you.

Resolving issues

12. Consumer rights if something isn’t right

Consumers have specific rights when they buy our Services (see, and these Terms do not replace legal rights you have under law.

Let us know if you have an issue.

If you have an issue with our Services or Site, you’ll need to work with us so we can help resolve that issue.

  • Contact us via and include the following information so we can help resolve your issue:
    • Your name and email address;
    • Details of the issue (e.g. about the issue, when it started, what you tried to resolve it so far, etc);
    • How we can help you resolve the issue; and
    • Relevant information (such as screenshots of the issue or copies of relevant documents).
  • We confirm we received your complaint within 5 business days and work to investigate and resolve your complaint within 14 days.
  • If you and we can’t resolve your issue in that timeframe, we will be in touch to set out some proposed next steps.

13. Resolving disputes

If a dispute arises under these Terms, we both agree to act reasonably to resolve issues, and agree we won’t make disparaging comments on social media or in public forums.

14. Termination and suspension

When can we suspend or end a Service or this agreement?

We may suspend or terminate a service and / or our agreement with you at once if:

  • You (or your Sponsor) do not pay us undisputed Fees when they are due; or
  • You fail to give us instructions or complete your obligations within a reasonable time; or
  • You are in breach of the Terms and either you cannot fix that breach, or you do not fix the breach after we give you a reasonable time to fix the breach; or
  • We reasonably consider mutual trust and confidence no longer exist in our relationship with you, or your behaviour has damaged or is likely to damage our reputation; or
  • Our relationship with your Sponsor expires or ends.

15. Actions after termination or suspension

If we end or suspend our agreement with you because of your behaviour or breach of the Terms:

  • You are generally not entitled to a full refund for the Fees;
  • We may decide to refund a part of the Fees you (or your Sponsor) have paid, less any reasonable costs we have already incurred for work completed and / or administrative costs; and
  • You are no longer allowed to use the MYW Content included with our Services.

General details

16. Changes

Changing these Terms

We may change our Terms from time to time. When we update these Terms, they will take effect on and from the date we put the updated Terms on our Site. You should re-read these Terms before each use or purchase.

Project scope changes

When we agree to supply Services to you, we set out the scope of the Services in a quote or other proposal. If that scope changes, we may send you a written update outlining the changes.

  • If you need or decide to change the scope of Services or request additional services, we will work with you to action your requested changes.
  • Delays that you cause us (what we refer to as time zappers) may mean a project scope change is needed.
  • We may provide a written update for the project scope changes, including whether any additional Fees are payable and the related Services details.
  • If you do not agree to our project changes, we may not be able to change or update the scope of the project.

17. Transferring this agreement and using subcontractors

We may assign, subcontract, or transfer some or all our rights or obligations under this agreement without notice to you.

  • You cannot assign, subcontract, or transfer your rights or obligations under this agreement.
  • We may subcontract our obligations under this agreement, but we remain responsible for our employees and subcontractors.

18. Survival

The rights and obligations under the following sections of these Terms remain in force after these Terms expire or end: 5. Key confidentiality obligations, 7. Ownership of Intellectual Property, 8. Your obligations when using MYW Content, 9. and 10. Disclaimers, 11. Paying for losses and limiting liability, 15. Actions after termination or suspension, 18. Survival.

19. Notices

Notices under these Terms must be sent to the contact details set out in our agreement with you or as notified on our Site.

Method of notice: EMAIL. Sent to the recipient’s email address.

When is the notice regarded as received? Date email is sent, if sender’s email system doesn’t receive a delivery failure notice.

20. Other general details

Definitions: Capitalised words are defined in the Glossary list at the end of these Terms.

Invalid parts severed: If a court of law decides one or more parts of these Terms are invalid or unenforceable, only those parts are severed from the agreement and other parts remain in full force and effect.

No waiver: Delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.

Force Majeure: Neither party is liable for performance delays or for non-performance due to causes beyond its reasonable control, except for payment obligations.

Full agreement: The Terms outline the full agreement between you and MYW in relation to the Services or access to Site that we supply to you.

Governing law: These Terms and our relationship with you are both governed by the laws in force in the State of Victoria, Australia, and the parties agree to submit to that jurisdiction.

21. Glossary: Definitions of words used in these Terms

Capitalised words in these Terms have the following meanings:

Confidential Information: Includes all material, Intellectual Property, non-public, business-related information, written or oral, whether or not it is marked as such, that is disclosed or made available to the receiving party, directly or indirectly, through any means of communication or observation relating to a party’s business but excludes information that, without the breach of this agreement:

  • is already known to the receiving party,
  • is or becomes publicly known.

Fees: The charges paid to us for the Services we provide, as set out on our Site or as otherwise agreed with you or your Sponsor.

MYW Content: All tools we create, develop, or use to supply you a Service, which might include one or more of the following: access to educational videos, written information, audio, lessons, digital products, classes, workshops, training plans, feedback, verbal or written advice, programs, content on our Site, digital products, eBooks, and / or webinars. MYW always retains ownership of all MYW Content.

Site and Service Terms or Terms: This document, which are the terms and conditions for accessing and using our Site and for the Services we sell via our Site.

Intellectual Property: IP means any and all of the following in any jurisdiction throughout the world: trademarks and service marks, including all applications and registrations, and goodwill connected with the use of them, patents, copyrights, Site, and internet domain names, including all related applications and registrations, trade secrets and confidential know-how, other intellectual property and related proprietary rights, interests, and protections. MYW Content forms part of MYW’s Intellectual Property.

Site: “Site” refers to our website, online platforms such as, and includes our mobile apps & presence on third-party applications as well as social media platforms.

Services: The various products and services offered by Mind Your Way from time to time, including coaching, consulting, editing, skills development workshops and courses, and other related products and services.

Sponsor: The person or organisation (such as a university or other organisation) which pays Fees on your behalf so that you can access and use our Services.

If you have any questions or notices about these Terms or our other policies, please contact us, we are happy to help! Email:

Last updated: November 2020