Privacy & Terms
Privacy Policy
Smiling Mind Privacy Policy
This privacy policy relates to how Smiling Mind Pty Ltd ACN 161 428 459 (Smiling Mind) collects and handles your personal information. In this policy we, our and us refers to Smiling Mind.
The website, located at smilingmind.com.au and incorporating our web app (Website), the associated application known as Smiling Mind (Application), and the associated application known as the Learning Hub (Hub), are owned and operated by Smiling Mind.
For the purposes of this policy, personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable. It does not include information that is de-identified. The Privacy Act 1988 (Cth) (Act) defines certain types of personal information to be sensitive information. Sensitive information includes health information and information or an opinion about an individual's race, ethnicity or philosophical beliefs.
This Privacy Policy explains the types of personal information that we usually collect, the purposes for which we collect it, to whom we disclose it, how we hold and keep it secure, and your rights in relation to your personal information, including how to complain to us and how we deal with complaints. We are committed to protecting your personal information and managing it in an open and transparent way.
We review our Privacy Policy regularly to ensure it is up-to-date so we encourage you to review it from time to time at www.smilingmind.com.au/privacy-and-terms.
1. Using a pseudonym or being anonymous
Wherever lawful and practical, you have the option of using a pseudonym or not identifying yourself when dealing with us. However, by doing so you acknowledge that it may affect our ability to provide our goods and services to you.
2. Collection of personal information
Types of information collected
In the process of conducting our operations and providing our services, we collect a range of personal information about our current and prospective users, suppliers, agents, service providers, business associates, and the people who run the businesses we deal with. This information can include such things as:
(a) name, phone number and email address;
(b) date of birth;
(c) gender;
(d) school and postcode;
(e) the name of your employer and your professional title; and
(f) information about an individual's current state of wellbeing.
Collection of information via our Website and Application
We may use analytics tracking in our Application, Hub and on our Website, “cookies” or other similar technologies on our Website, that help us track your Application and Website usage and remember your preferences. Cookies are small files that are transferred to your computer's storage through your web browser and enable our site to recognise your browser and remember certain information. We use cookies and tracking software to compile aggregate data about site traffic, site interaction and usage of the Application and Website, so that we can offer better experiences and tools in the future. You may be able to configure your computer so that it disables cookies or does not accept them. For example, some third party vendors (such as Google) use cookies to deliver advertisements based on your prior visits to their website. You have the option to opt out of Google's use of cookies by visiting the Google advertising opt out page at www.google.com/privacy_ads.html.
Whilst we do not use browsing information to identify you personally, we may record certain information about your use of our Application and Website, such as which pages you visit, the time and date or your visit, search engine referrals, and the internet protocol (IP) address assigned to your computer or device.
We allow third parties to use third party cookies on our Website and Application for marketing purposes and to display relevant ads when you are visiting external website, only in circumstances where you have opted in for third party cookie collection. Third party cookies may be used by organisations such as Meta and Google, amongst others.
Ways we collect your personal information
Where possible we collect your personal information directly from you or through your use of the Application and Website. We may also collect your personal information through correspondence with you (whether by letter, phone, webform or email).
We may also collect personal information about you from third parties in limited circumstances. For example, if you participate in a workplace program, seminar or workshop we may collect your personal information from your employer, and if you sign up for an Account through a third party platform such as Facebook or Google, we will collect your personal information from that platform on sign-up.
We may also collect your personal information from publicly available sources, including social media.
3. Purposes for which we collect, use and disclose personal information
We may collect, use and disclose your personal information for the following purposes:
(a) to provide our services and educational resources (including personalised dashboards in the Application and Website, workplace and school training programs) to you;
(b) to develop and improve our services;
(c) to inform you of services which may be of interest to you;
(d) to make personalised recommendations to you regarding your use of the Application and Website; and
(e) to comply with our legal obligations, resolve any disputes, and enforce our agreements and rights with third parties.
De-identified information
We may use de-identified wellbeing survey data, other survey data, and data regarding your use of our Website and Application, for purposes such as research and analysis, case studies, marketing, and developing and improving our services.
4. Disclosing your personal information
In providing our services and educational resources, we may disclose your personal information to our service providers who assist us in providing our services (including hosting and data storage providers, such as Amazon Web Services). We may also disclose personal information to other entities where required or authorised to do so by law.
5. Direct marketing
With your consent (where required), we may use your personal information (including your sensitive information) to provide you with information regarding our services and identify and provide you with customised recommendations regarding your use of our Application or Website (including by email, SMS, or through the Application or Website).
We will always provide a simple means for you to “opt-out” from receiving direct marketing, which typically involves an “opt-out” or “unsubscribe” link on emails, a check box on the collection notice, or via a pop-up on your screen when you provide personal information on our Website or via the Application.
We will not use or disclose your personal information for the purposes of direct marketing material if you have previously told us not to.
If at any time in the future you do not want us (or one of our service providers) to send you direct marketing material or you wish to cancel a previous consent, please inform us by contacting us at info@smilingmind.com.au. We will affect the change within a reasonable time and without charge.
6. Overseas disclosure of personal information
We will always endeavour to store your information on an Australian-based server. However, in circumstances where this is not practical, we may disclose your personal information to an overseas entity. We may also disclose your personal information to our service providers who are based overseas, including the United States of America.
7. Security and storage of personal information
We will store your personal information in hardcopy and/or electronically. We will implement such technological and organisational measures as are reasonable in the circumstances to protect your personal information:
(a) from misuse, interference and loss; and
(b) from unauthorised access, modification or disclosure.
When we no longer need your personal information for a permitted purpose and we are not required to keep it to comply with any laws, we will take such steps as are reasonable in the circumstances to destroy your personal information or to ensure that the information is de-identified. These steps may vary depending on the nature of the information, the way it was collected, and how it was stored.
You may delete your account at any time by emailing info@smilingmind.com.au or by deleting your account directly within the Application, which will delete the information in the Application. If you do so by email, we will need to verify your identity before responding to your request. In either case, we will continue to hold a securely archived copy of your information for a minimum of seven years after the closure of your account in order to comply with applicable laws.
8. Access to and correction of personal information
We will take such steps as are reasonable in the circumstances to ensure that your personal information we collect, use or disclose is accurate, up-to-date, complete and relevant.
You may request access to or correction of the personal information we hold about you at any time by making a request in writing to info@smilingmind.com.au. We will need to verify your identity before responding to your request. Subject to any applicable exemptions, we will provide you with access to your personal information or correct your personal information (as applicable) within a reasonable amount of time and usually within 28 days. If we decide to refuse your request, we will provide you with a written notice that sets out:
(a) the reasons for the refusal; and
(b) the mechanisms available to complain about the refusal.
9. Making a Complaint
If you have a concern or complaint relating to our handling of your personal information, please notify us at info@smilingmind.com.au by outlining the nature of the complaint. We will endeavour to respond to you within a reasonable period of time to acknowledge your complaint and inform you of the next steps we will take in dealing with your complaint.
If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Australian Information Commissioner (OAIC) via the OAIC website, www.oaic.gov.au.
10. Contact Us
If you have a question or comment regarding this Privacy Policy or wish to make a complaint or exercise your privacy rights, please contact us at info@smilingmind.com.au.
This policy was last updated in March 2024.
Website, Web App and Application Terms of Use
1. Terms of Use
1.1 The website, located at smilingmind.com.au and incorporating our web app (Website), as well as the associated application known as Smiling Mind (Application), are owned and operated by Smiling Mind Pty Ltd ACN 161 428 459 (Smiling Mind).
1.2 By downloading, installing, displaying or using the Website and/or Application, you agree to be bound by, and abide by, the terms and conditions set out below (Terms of Use).
1.3 In these Terms of Use, a reference to we, us or our is a reference to Smiling Mind.
1.4 A reference to you or your in these Terms of Use is a reference to any person accessing, viewing or using the Website or Application, including a Registered User.
1.5 These Terms of Use also incorporate and include the Smiling Mind Privacy Policy available at www.smilingmind.com.au/privacy-and-terms.
2. Registration and Use
2.1 You may use the Website and/or Application to view information and material and participate in mental fitness courses and programs (Products).
2.2 In order to subscribe to use the Products, you will need to register as a user (Registered User) and create an account (Account).
2.3 If you are under the age of eighteen (18) years, you must have a parent's or legal guardian's permission to use the Application and to accept these Terms of Use. Your parent or legal guardian agrees to be bound by and abide by these Terms of Use on your behalf.
2.4 You may only use the Website and Application: (i) for personal use; (ii) as part of a workplace program provided by Smiling Mind; or (iii) if you are an educator within a school or early learning facility, to incorporate the resources in the lessons you deliver to students.
2.5 You may access the Website and Application at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. If the maintenance, updates or upgrades is planned, we will provide you with as much notice as is reasonably practicable. Your ability to access the Website and Application may otherwise depend on factors outside of our control and we do not guarantee that the Website and Application will be available at all times or accept any responsibility for these factors, such as the quality of your internet connection, the type of computer or other device that you use to access the Website or Application, or your other software.
2.6 The Application is currently available on mobile devices running Android OS and Apple iOS and the Website is available on devices running compatible internet browsers. If we decide to extend the availability of the Application to other operating systems, platforms or browsers, you may need to download or perform updates if you would like to continue to use the Application or Website. We do not accept any responsibility if your use of the Application is affected during this time.
2.7 You acknowledge that you have no rights in, or to, the Website or Application or technology used to support the Website or Application, other than the right to use the Website and Application in accordance with these Terms of Use.
2.8 Where you download the App via an Appstore (such as the Apple Appstore or the Google Play Store), you acknowledge that you will be subject to additional terms and conditions pursuant to the relevant Appstore terms and conditions (Appstore Terms).
3. Account
3.1 At the time of becoming a Registered User you will be asked to create an Account. It is your responsibility to maintain the confidentiality and security of your Account and to ensure there is no unauthorised access to or use of your Account. You are liable for any unauthorised access to or use of your Account.
3.2 You agree to provide accurate and complete information when you become a Registered User and create your Account.
Limitations on Use
4.1 By accessing and using the Website or Application you warrant and agree that you will:
(a) not use the Website or Application for any purpose not permitted under these Terms of Use;
(b) not use the Website or Application for any commercial purpose without our prior written consent;
(c) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website or Application in any way whatsoever (other than as may be expressly permitted by applicable law);
(d) not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
(e) not use the Website or Application for any activity which is obscene, indecent, offensive or defamatory;
(f) not hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or Application or any information contained within it;
(g) refrain from tampering with, hindering the operation of, or making unauthorised modifications to, the Website or Application;
(h) not use the Website or Application with an incompatible or unauthorised device;
(i) refrain from uploading to the Website or Application any material, or use the Website or Application in any way, which:
(i) infringes the intellectual property rights or other rights of any person; or
(ii) is unlawful or violates any law;
(j) not breach any other provisions of these Terms of Use or our Privacy Policy.
5. Technical information and Security
5.1 The transmission of data over the internet and/or cellular network is not always secure. Although we take reasonable steps to secure the Website and Application, you access the Website and Application at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise which arises in connection with your use of the Website or Application (except to the extent that the interference, loss, damage, or disruption was caused by our negligence, wilful misconduct, or breach of these Terms of Use).
5.2 You acknowledge that it is your responsibility to:
(a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and
(b) to the best of your knowledge ensure that whatever you select for your use in the Website and Application is free of viruses or anything else that may interfere with or damage the operations of your computer or mobile device.
5.3 We do not warrant that functions available on Website or in the Application will be uninterrupted or error free, fit for any particular purpose (other than the general purposes set out in clause 12.1(b)), or free of viruses, programming bugs, or interference from factors outside our control.
6. Intellectual Property
6.1 The Website and Application contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.
6.2 All intellectual property in the Website and Application is owned by Smiling Mind or its licensors, and unless permitted by law, you must not:
(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish, or create derivative works from, any part of the Website or Application (except as necessary for the normal functioning of the Website or Application); or
(b) commercialise any information, products or services obtained from any part of Website or Application without our prior written consent.
7. Smiling Mind Product Subscription
7.1 The Products are provided in good faith and are designed to promote skills that are protective of mental health and wellbeing and introduce people to the benefits of mental fitness .
7.2 Our promotion of Products is only an invitation to treat and does not of itself constitute an offer to sell or guarantee the availability of the Product.
7.3 There may be Products in the Application that require payment before the Subscription can be processed (Paid Subscription). A Paid Subscription will not be provided until payment in full has been received by us.
7.4 If you are subscribing to the Application as an individual, then your Paid Subscription must be paid via the relevant Appstore (ie, the Apple Appstore or the Google Play Store) from which you have downloaded the Application. The prices advertised for a Paid Subscription will be current at the time of display on the Appstore but may be changed by Smiling Mind at any time. You will be notified of the renewal price at or prior to the time at which you renew your Paid Subscription in accordance with the relevant Appstore Terms. Any changes to the prices for Paid Subscriptions will be effective from the date published and will apply to all new Subscriptions or renewals of Subscriptions for the relevant Paid Subscription.
7.5 If your use of the Application is via a corporate Paid Subscription, you acknowledge and agree that you are bound by, and must abide by, these Terms of Use as the end user.
7.6 All prices are advertised in Australian dollars and are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
7.7 We reserve the right to accept or reject any application for a Subscription for Products for any reason. We may cancel a Paid Subscription where the Product is no longer available, there is an interference or disruption with the Website or Application caused by an event beyond our reasonable control, or you have breached these Terms of Use. If we cancel your Paid Subscription, we will provide you with reasonable prior notice and a pro-rata refund of any payment made in advance of the cancellation date in accordance with the relevant Appstore Terms. You acknowledge that, subject to us refunding any payment received from you our Non-Excludable Obligations (as defined below), and to the extent permitted by law, you have no right or claim against us for any loss, damage, cost or expense arising from our cancellation or rejection of any Paid Subscription for a Product.
7.8 You may cancel your Paid Subscription at any time by providing us with notice for any reason. If you cancel your Paid Subscription because we have breached these Terms of Use, we will provide you with a pro-rata refund for any advance payments you have made in accordance with the relevant Appstore Terms. To cancel your Paid Subscription please contact the Appstore from which you downloaded the Application.
7.9 If you have purchased a Paid Subscription through the Apple AppStore, you may cancel the automatic renewal of your Paid Subscription by selecting 'Manage App Subscriptions' in your iTunes Account settings and selecting the subscription you wish to modify, or in accordance with the then-current cancellation process outlined by Apple. If you have purchased a Paid Subscription through the Google Play store, you may cancel the automatic renewal of your Paid Subscription in Account settings under subscription in the Google Play app, or in accordance with the then-current cancellation process outlined by Google.
8. Goods and services tax
8.1 Words or expressions used in this clause 8 which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meanings given to them in that Act.
8.2 For the purposes of these Terms of Use where the expression GST inclusive is used in relation to an amount payable or other consideration to be provided for a supply under these Terms of Use, the amount or consideration will not be increased on account of any GST payable on that supply.
8.3 Any consideration to be paid or provided to Smiling Mind for a supply made by Smiling Mind under or in connection with these Terms of Use, unless specifically described in these Terms of Use as GST inclusive, does not include an amount on account of GST.
8.4 Despite any other provision in these Terms of Use, if Smiling Mind makes a supply under or in connection with these Terms of Use on which GST is imposed (not being a supply the consideration for which is specifically described in these Terms of Use as GST inclusive):
(a) the consideration payable or to be provided for that supply under these Terms of Use but for the application of this clause (GST exclusive consideration) is increased by, and you must also pay to Smiling Mind, an amount equal to the GST payable by Smiling Mind on that supply; and
(b) the amount by which the GST exclusive consideration is increased must be paid to Smiling Mind by you without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.
8.5 If a payment to a party under these Terms of Use is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.
9. Third Party Websites and Applications
9.1 The Website and Application may contain links to websites and applications owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites and applications.
9.2 Links to third party websites and applications are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.
9.3 We make no representations or warranties and are not liable for:
(a) the content or accuracy of any information contained in any third party websites or applications; and
(b) any loss or damage suffered as a result of access to, or use of, any third party websites or applications, or your reliance on the information contained within them.
9.4 You must make your own enquiries as to the suitability of the content of third party websites and applications and the goods and services available from them.
9.5 Third party websites and applications may be governed by their own terms and conditions (including privacy policies), which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.
10. Email Notifications and Push Notifications
10.1 When you create an Account you will be asked whether you agree to us sending you communications (including communications promoting our Products) via email (Email Notifications). If you have agreed to receive Email Notifications, you may choose to stop receiving them at any time by clicking the “unsubscribe” link at the bottom of our Email Notifications.
10.2 If you agree to receive Email Notifications, the Website will send emails to your nominated email address, and you acknowledge and consent to receiving those Email Notifications.
10.3 When you download and install the Application on your mobile device, a pop-up may appear asking whether you would like to receive alerts, badges, banners and sounds (Push Notifications) from the Application to your mobile device.
10.4 If you agree to receive Push Notifications, the Application will generate Push Notifications (which may include notifications promoting our Products) on your mobile device, and you acknowledge and consent to receiving those Push Notifications.
10.5 You can choose to stop receiving Push Notifications at any time through the Application’s settings menu.
11. Suspension or Termination
11.1 We reserve the right to suspend or terminate your access to the Website and/or Application at our sole discretion if we consider that you have breached these Terms of Use and you do not rectify the breach within 5 days in accordance with clauses 11.2 and 11.3 (unless the breach is not able to be remedied, in which case we may suspend or terminate such access with immediate notice).
11.2 If we propose to suspend or terminate your access to the Website and/or Application due to a breach of these Terms of Use, we will notify you as soon as reasonably practicable of the breach and the ways in which you can remedy it.
11.3 Should you fail to remedy the breach within 5 days from our notice, we may, at our discretion, either suspend or terminate your access to the Website and/or Application.
11.4 We reserve the right to cease operating the Website and/or Application, and to terminate this agreement under these Terms of Use, without cause, by providing you not less than 10 days' notice of such termination. If we terminate this agreement under this clause 11.4, we will refund you the proportion of fees you have paid for services (or Products) that have not been provided on the effective date of the termination, on a pro-rata basis in accordance with the relevant Appstore Terms.
11.5 You have the right to terminate this agreement without cause, at any time, under these Terms of Use, by deleting the Application from your mobile device and ceasing use of the Website. Without liming our Non-Excludable Obligations, if you terminate this agreement under this clause 11.5, you will receive the proportion of fees you have paid for services (or Products) that have not been provided on the effective date of the termination, minus a reasonable amount to cover our loss arising from your termination.
12. Warranties
12.1 By creating an Account, you warrant and agree that:
(a) you are a Registered User;
(b) all Products you subscribe to are for: (i) your own personal use; (ii) use in connection with a workplace program provided by Smiling Mind; or (iii) if you are an educator within a school or early learning facility, to incorporate mindfulness meditations in the lessons you deliver to students;
(c) you are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to create an Account, pay for a Paid Subscription, or use a Product;
(d) you will keep your Account password confidential and secure and will not share it with anyone;
(e) you will be solely responsible for all use of your Account.
12.2 While we endeavour to ensure the accuracy and completeness of the information contained on the Website and in the Application, that information may contain errors and omissions and is subject to change. If the change materially adversely affects you, we will use our reasonable endeavours to (i) notify you of the error or omission as soon as reasonably practicable; and (ii) rectify the error or omission. If, despite using our reasonable endeavours, we are unable to rectify the error or omission, we may cease operating the Website and/or Application and may terminate this agreement under these Terms of Use. If we terminate this agreement under this clause 12.2, we will refund you the proportion of fees you have paid for services (or Products) that have not been provided on the effective date of the termination, on a pro-rata basis in accordance with the relevant Appstore Terms.
12.3 To the maximum extent permitted at law, and except as expressly provided under these Terms of Use, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:
(a) any material and/or information on the Website or in the Application (including the Products);
(b) the performance and availability of the Website or Application (including the Products); or
(c) the loss, damage or corruption of any data or other material as a result of the use of the Website or Application (including the Products),
except to the extent that the loss, damage or corruption was caused by our negligence, wilful misconduct, or breach of these Terms of Use.
12.4 To the maximum extent permitted by law, we make no warranties or guarantees that the use of the Website or Application will achieve your desired state of mental fitness, or improve your mental state. The information, courses and programs provided on the Website or in the Application (including the Products) are not medical advice, nor are they a substitute for medical advice, diagnosis or treatment. They should never be relied on to suggest a course of treatment for a particular individual. You must always seek advice from your doctor or an appropriately qualified health practitioner:
(a) before starting any medical treatment, continuing with medical treatment or discontinuing medical treatment; and
(b) with any questions you may have regarding any medical condition.
You must never disregard medical advice, nor delay in seeking it, because of information, courses and programs provided on the Website or in the Application (including the Products). It is always your responsibility to seek proper medical advice as to the suitability (or otherwise) of any product having regard to your individual circumstances.
13. Limitation of Liability
13.1 We acknowledge that under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Australian Consumer Law), certain statutory expressed and implied guarantees and warranties may be implied into these Terms of Use (Non-Excludable Obligations). Nothing in these Terms of Use purports to modify or exclude the Non-Excludable Obligations.
13.2 Except in relation to Non-Excludable Obligations, and otherwise to the extent permitted by law, our liability to you arising directly or indirectly under or in connection with these Terms of Use or the performance or non-performance of the Website or the Application (including the Products), and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
(a) we will have no liability whatsoever to you for any loss of profits, loss of revenue, loss of goodwill, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract or any economic, special, indirect or consequential loss, harm, damage, cost or expense (including legal fees) incurred by you or anyone else under or in connection with these Terms of Use or the performance or non-performance of the Website or the Application (including the Products); and
(b) our total aggregate liability to you under or in connection with these Terms of Use or the performance or non-performance of the Website or the Application (including the Products) is otherwise limited to an amount not exceeding the greater of (i) AUD$500, or (ii) the total amounts paid by you for the Paid Subscription in respect of which the applicable liability, loss, harm, damage, cost or expense arose.
14. Privacy
14.1 You acknowledge that information about you, including information provided upon becoming a Registered User and creating an Account, will be collected, held and used by us in accordance with our Privacy Policy www.smilingmind.com.au/privacy-and-terms.
15.1 We reserve the right to amend, modify, add, delete and make corrections to these Terms of Use at any time as follows: (i) if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms of Use (as applicable) on the Website; and (ii) if we consider that the change is likely to have a materially detrimental impact on your rights or obligations under these Terms of Use and you have provided us with an email address, we will make the change after we have provided you with at least 5 days' notice of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change. Your continued use of the Website and/or Application after an amendment will mean that you agree to that amendment. You must stop using the Website and Application if you do not agree to an amendment.
15.2 If any part of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable or void that part will be severed to the extent necessary and the remainder of the Terms of Use will continue in full force and effect. No waiver of any breach of these Terms of Use will be construed as a waiver of any other breach of these Terms of Use.
15.3 These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. The Website and Application may be accessed throughout Australia and overseas. We make no representation that the Website or Application complies with the laws of any country outside Australia. If you access the Website or Application from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website or Application (as applicable). To the extent permitted by law, we exclude all liability for any failure of the Website or Application to comply with the laws of any jurisdiction outside of Australia.
15.4 These Terms of Use (together with our Privacy Policy) set out the entire agreement between us in relation to your use of the Website and the Application.
15.5 For further information on using the Website and Application, please contact Smiling Mind at info@smilingmind.com.au.