TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern What's Right AI Pty Ltd t/a Marathon State of Mind’s relationship with you in relation to your use of this website.
These Terms & Conditions (“Terms”) govern the use of our content, products, and services listed on www.marathonstateofmind.com (the “Website”) or delivered by other methods. This Website is operated by What's Right AI Pty Ltd t/a Marathon State of Mind (“we”, “us”, “our”).
By accessing or using any part of the Website or purchasing something from us, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access the Website or use any Services.
Any new features, content, or tools added to the Website will also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates on the Website. Your continued use of the Website following any changes constitutes acceptance of those changes.
1. GENERAL INFORMATION
The information provided on this Website is for general information purposes only. While we endeavour to keep information accurate and up-to-date, we make no warranties or representations about the completeness, accuracy, reliability, suitability, or availability of any information, products, or services.
Use of this information is at your own risk.
2. NO MEDICAL ADVICE
The content provided, including text, graphics, images, and information, is for informational purposes only and does not constitute medical advice. Always seek the advice of a qualified healthcare professional with any questions regarding your health or medical conditions. If you think you may have a medical emergency, call your doctor or emergency services immediately. Reliance on any information provided by us or others appearing on the Website is solely at your own risk.
3. DELIVERY OF GOODS
All goods are delivered digitally and should be available immediately after purchase. Please contact us if you encounter any issues accessing your digital goods.
4. PRICING, PAYMENT, AND REFUNDS
- All prices are listed in Australian Dollars (AUD) unless otherwise stated.
- Payment must be made in full at the time of purchase.
- Except as required by law (including under mandatory consumer protection laws in your jurisdiction), we do not offer refunds once digital goods or services have been accessed.
- If you are a resident of the European Union or another jurisdiction with mandatory 'cooling-off' rights for digital goods, you acknowledge that by accessing the digital content you lose your right to withdraw from the purchase once delivery has begun.
If you have any questions about billing or wish to raise a concern, please contact us before disputing charges.
5. USER ACCOUNTS AND COMMUNICATION
You agree to provide accurate and current information when creating an account and to update your information as necessary. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device.
By creating an account or providing your email address through our Website, you consent to receive communications from us electronically, including marketing emails and service notifications. You may opt out of marketing communications at any time by using the unsubscribe link provided in our emails.
6. PRIVACY
We are committed to protecting your privacy. We comply with the Australian Privacy Principles under the Privacy Act 1988. Where applicable, we also comply with the EU General Data Protection Regulation (GDPR).
Privacy Policy
Effective Date: 16/05/23
This Privacy Policy explains how we collect, use, store, and protect your personal information.
Information We Collect
We may collect your name, email address, contact details, and information about how you use our Website.
How We Collect Information
We collect information when you register an account, subscribe to updates, purchase products, contact us, or use our Website.
How We Use Information
We use your information to provide and manage services, communicate with you (including marketing emails), improve our Website, and comply with legal obligations.
How We Protect Information
We use reasonable measures to protect your information, including secure servers and encryption.
Sharing Information
We do not sell your personal information. We may share your information with trusted service providers for operational purposes under confidentiality agreements.
Your Rights
You may request access to your information, request correction or deletion, and opt out of communications at any time. EEA residents have GDPR rights.
Cookies and Tracking
We may use cookies and tracking technologies to understand Website usage. You can manage cookies in your browser settings.
Changes to Privacy Policy
We may update this Privacy Policy from time to time and will post updates on this page.
7. INTELLECTUAL PROPERTY
The Website and its original content, features, and functionality are owned by What's Right AI Pty Ltd t/a Marathon State of Mind and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Services without express written permission from us.
8. DISCLAIMERS AND LIMITATION OF LIABILITY
To the maximum extent permitted by law:
- We do not guarantee that access to the Website or Services will be uninterrupted or error-free.
- The Website and Services are provided "as is" without warranties of any kind, either express or implied.
- We are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the Website, Services, or Products.
Nothing in these Terms limits your rights under Australian Consumer Law or any other applicable mandatory laws that cannot be excluded.
9. INDEMNIFICATION
You agree to indemnify, defend and hold harmless What's Right AI Pty Ltd t/a Marathon State of Mind from any claim or demand made by any third party arising out of your breach of these Terms or your violation of any law or the rights of a third party.
10. SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed without affecting the validity and enforceability of the remaining provisions.
11. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
12. CONSUMER RIGHTS NOTICE
Residents of certain jurisdictions (including the European Union, United Kingdom, and certain US states) may have specific legal rights with respect to the purchase of digital goods and services. Nothing in these Terms affects those rights where they cannot be waived by contract.
13. CONTACT INFORMATION
Questions about the Terms of Service should be sent to: rory@marathonstateofmind.com.