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Website terms

The terms that apply when you use this website.

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About these terms

These terms and conditions (“Terms and Conditions”) constitute a binding legal agreement between you and Great Minds Consulting Pty Ltd (ACN 646 392 038), trading as Growth Minds (“Growth Minds”, “we” or “us”), governing your access to and use of the website and its Content (as defined below) located at growthminds.studio (the “Site”). Growth Minds is a trading name of Great Minds Consulting Pty Ltd, the same company that trades as Great Minds.

Please read these Terms and Conditions carefully. By accessing, browsing, reviewing and/or using the Site, you acknowledge and agree that you have read, understood and agree to be bound by these Terms and Conditions without limitation or qualification and that you shall comply with all applicable laws, rules and regulations. If you do not agree to be bound by these Terms and Conditions, do not use the Site.

The Site may contain additional proprietary notices and copyright information, the terms and conditions of which must be observed and followed. Information on the Site may contain technical inaccuracies or typographical errors. Growth Minds may, in its sole discretion, revise, amend, modify or delete portions of these Terms and Conditions at any time without notice to you. It is at all times your responsibility to read the most current version of these Terms and Conditions. Your continued use of the Site constitutes your acceptance of any revisions, amendments, modifications or deletions to these Terms and Conditions.

Accessing and using the Site; restrictions on use

Subject to your ongoing compliance with these Terms and Conditions, Growth Minds hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Site solely for your personal, non-commercial and lawful purposes, provided that you maintain all copyright, trademark and other intellectual property notices therein. Further, Growth Minds does not grant you permission, by implication, estoppel or otherwise, to state or suggest that Growth Minds promotes or endorses any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.

Your use of the Site, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or Content. You shall comply with these Terms and Conditions and shall not:

  1. archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use, any Content or information contained in or obtained from or through the Site;
  2. delete the copyright or other proprietary rights notices from the Site or any Content;
  3. circumvent, remove, alter, deactivate, degrade or thwart any of the content or other protections enabled on the Site;
  4. use any robot, spider, scraper or other automated means to access the Site;
  5. decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site;
  6. insert any code or product or manipulate the Site in any way;
  7. use any data mining, data gathering or extraction method;
  8. upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs;
  9. remove, modify, disable, block, impair, or obscure any advertising in connection with the Site; or
  10. use or encourage the use of the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

Growth Minds shall have the right to alter, suspend or discontinue the Site or your access to or use of the Site at any time for any reason without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data or operations for which Growth Minds shall not take on any liability.

Trademarks

The trademarks, service marks, logos and trade names (the “Trademarks”) used and displayed on the Site, including, but not limited to, Growth Minds, Growth Minds Studio and Great Minds, are registered and unregistered Trademarks of Great Minds Consulting Pty Ltd. Other trademarks, service marks, logos and trade names may be owned by others (see Third-party credits and trademarks). Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Growth Minds intellectual property displayed on the Site. Growth Minds aggressively enforces its intellectual property rights to the fullest extent of the law. The trademarks and trade names Growth Minds and Great Minds and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of Content on the Site, without prior written permission from Growth Minds, and you shall not refer to or attribute any information to Growth Minds or its licensors in any public medium for promotional or advertising purposes, or otherwise, or for the purpose of influencing a third party. Growth Minds also prohibits use of Growth Minds and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Growth Minds in writing.

User postings

You acknowledge and agree that Growth Minds owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post, submit, share or otherwise publish on the Site (“Submissions”). You hereby waive any and all claims against Growth Minds for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Growth Minds’s use and publication of such Submissions. This means that anything posted, submitted, shared or otherwise published by you to the Site shall be owned by Growth Minds and may be used by Growth Minds for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event Growth Minds’s ownership of such Submissions is successfully contested, you automatically grant Growth Minds a perpetual, royalty-free, non-exclusive, sublicensable, transferable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. In addition, you hereby waive all claims against Growth Minds for any actual or alleged violation of any privacy or publicity rights, moral rights or rights of attribution or infringement of intellectual property rights in any way arising from or relating to the Submissions.

Growth Minds does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any user of the Site, information provider or any other third party. Growth Minds expressly disclaims any and all liability related to Submissions, and you acknowledge and agree that any reliance upon such Submissions shall be at your sole option, liability and risk. You covenant that you shall not post, submit, share or otherwise publish on the Site any materials that:

  1. are threatening, libelous, defamatory, or obscene;
  2. would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;
  3. infringe the intellectual property, privacy, or other rights of any third parties;
  4. contain a computer virus or other destructive element;
  5. contain advertising; or
  6. constitute or contain false or misleading statements.

Growth Minds in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from the Site, in whole or in part, for any reason.

No services, endorsement or professional consultation

There may be delays, omissions or inaccuracies in information obtained through your use of the Site. The information on the Site is provided to you with the understanding that Growth Minds’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on the Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Growth Minds does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Site by Growth Minds, any user, information provider or any other person or entity. You acknowledge and agree that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, Growth Minds does not grant any license or other authorization to you to use the Site in any manner if such use in whole or in part suggests that Growth Minds promotes or endorses a third party’s causes, ideas, political campaigns, political views, websites, products or services.

Disclaimer of warranties

The Site, including all Content therein, is provided “as is” and “as available,” without any warranties of any kind. To the fullest extent permissible under applicable law, Growth Minds disclaims all warranties, express, implied, statutory or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, but without limitation, Growth Minds does not represent or warrant that: (1) the information on the Site is correct, accurate or reliable; (2) the functions contained on the Site shall be uninterrupted or error-free; or (3) defects shall be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. You hereby acknowledge that use of the Site is at your sole risk.

Limitation of liability

Under no circumstances shall Growth Minds or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, the Site or the information, Content, software, products and services advertised or contained on the Site or otherwise obtained from or arising out of your use of the Site, including for viruses alleged to have been obtained from the Site, whether based in contract, tort (including negligence), strict liability or otherwise, even if Growth Minds has been advised of the possibility of such damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record.

In no event shall Growth Minds’s or any of its predecessors’, successors’, parents’, subsidiaries’, affiliates’, officers’, directors’, shareholders’, investors’, employees’, agents’, representatives’ and attorneys’ and their respective heirs’, successors’ and assigns’ total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed $1. Some jurisdictions may not allow the exclusion of implied warranties, in which case some of the above exclusions may not apply to all users.

Indemnification

You hereby indemnify, defend, and hold harmless Growth Minds and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by any or all the Indemnified Parties in connection with any claim arising out of or relating to: (i) your access to or use of the Site, or (ii) any breach by you of these Terms and Conditions or the representations, warranties, and covenants you have made by agreeing to these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any such claim. Growth Minds reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement of these terms

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of New South Wales, Australia, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of New South Wales, Australia. You further agree and expressly consent to the exercise of personal jurisdiction in New South Wales, Australia in connection with any dispute or claim involving Growth Minds. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Infringement notices and takedown

Growth Minds prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify Growth Minds of your copyright infringement claim in accordance with the following procedure. Growth Minds shall process notices of alleged infringement that it receives and shall take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the Site’s Designated Agent, who is:

Great Minds Consulting Pty Ltd, trading as Growth Minds
Email: info@growthminds.studio

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Third-party credits and trademarks

Platform names and logos

Shopify, Shopify Plus, Klaviyo, Salesforce, Marketing Cloud, Account Engagement, Pardot, Canva, HTML5 and MJML, and their logos, are trademarks of their respective owners. They are shown on the Site to name the platforms and delivery formats we work with.

HTML5 logo

HTML5 logo by W3C, licensed under CC BY 3.0.

Questions about these terms

Email info@growthminds.studio or use our contact page.