Terms & Conditions

Thank you for using ‘Medimates’ – an application to help people connect, meet up and meditate together in the real world, owned and operated by MRINGROSE Pty Ltd (ABN 47137961623) (hereafter us, we, our). We have detailed some general Terms and Conditions that govern your access and use of our website www.medimates-app.com (Website) and our application ‘Medimates’ (App), hereafter collectively referred to as the Services. These Terms and Conditions, which include our Privacy Policy (available at www.medimates-app.com collectively are the “Terms of Use” of our Services, which form a legally binding contract between you and us.

IF YOU DO NOT AGREE WITH THE TERMS OF USE YOU MUST NOT DOWNLOAD, INSTALL, OR OPERATE ANY PART OR WHOLE OF THE SERVICES.

  1. Registration

    In order to use Medimates, you must create an account (Member Account).

    When you register and activate your Member Account, you will provide us with personal information including, but not limited to, your full name, age, email address, location, telephone number, a profile picture and primary meditation type. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy

    By registering for a Member Account, you further agree that:

    1. You will not create more than one personal Member Account;
    2. You will not create a Member Account for anyone but yourself without their permission;
    3. You will not create a Member Account with false information;
    4. If we disable your Member Account for any reason, that you will not attempt to make a new Member Account;
    5. You will not use your Member Account for commercial gain; and
    6. You will not transfer your Member Account to anyone without first gaining our written permission.

  2. Eligibility

    If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to

    1. exercise supervision over the Minor's use of our website and account;
    2. assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
    3. ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
    4. assume liabilities resulting from the Minor's use of our website and their account;
    5. ensure the accuracy and truthfulness of all information submitted by the Minor; and
    6. provide the consents contained in these Terms of Use on behalf of the Minor.

    We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

  3. Use of Services

    We grant you a non-exclusive, worldwide, revocable, non-transferable licence to use the Services in accordance with these Terms of Use.

    We may alter or amend any aspect or part of the Services at any time in our sole discretion without prior notice or liability to you. Notwithstanding the foregoing, you acknowledge that we are not liable for any loss or damage whatsoever, howsoever caused, resulting from any action taken or reliance made by you on any information or material on the Services.

    The Services will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). We reserve the right to cease the operation of the Services, or any part thereof, at any time without prior notice or liability to you.

  4. Your Material

    You own all content and information that you post, upload, display or otherwise make available via the Service (collectively “Post”).

    By creating a Member Account, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you supply on your Member Account, as well as any information you Post on the Service or transmit to other users (collectively, Content). This licence is granted by you to us for the purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Medimate users).

    This licence ends when you delete your Member Account, unless your Content has been shared with other users and they have not deleted it. You also understand that deleted Content may persist in backup copies for a reasonable period of time.

    You must not add/remove any Content to/from the Services:

    1. unless you hold all necessary rights, licences and consents to do so;
    2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    3. that would be in breach of these Terms of Use or our Privacy Policy;
    4. which:
      1. infringes the intellectual property or other rights of any third party;
      2. brings or could bring us into disrepute;
      3. is or could reasonably be considered to be deceptive, misleading, false, fraudulent, obscene, defamatory, disparaging, indecent, seditious, offensive, scandalous, sexually explicit, threatening, abusive, harassing, hateful, degrading, intimidating, graphically violent, liable to incite racial hatred, discriminatory, blasphemous or otherwise inappropriate;
      4. unlawfully impersonates any person (including by way of celebrity look-a-likes or sound-a-likes), or states or misrepresents any affiliation with any person where such affiliation does not exist;
      5. depicts, encourages, promotes or induces conduct that could violate any law or give rise to criminal or civil liability;
      6. contains any personally identifying or other personal information about you or any other person except as requested by us in line with the provision of Services to you;
      7. is in breach of confidence or in breach of privacy, or contains any confidential information, material, or non-public information about any individual, person, or company without express approval of the individual, person, or company; or
      8. contains or omits any information or instruction that might be injurious to any person’s physical wellbeing.

    You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates these Terms of Use or may harm the reputation of the Service.

    Although we reserve the right to review and remove Content that violates these Terms of Use, such Content is the sole responsibility of the user who posts it, and we cannot guarantee that all Content will comply with these Terms of Use. If you see Content on the Services that violates these Terms of Use, please report it to info@medimates-app.com.

  5. Provision of Personal Information

    We collect personal information about you in order to create your profile so you can locate and organise group meditations, as well as reach out to other users via the App, and for purposes otherwise set out in our Privacy Policy.

    We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you.

    Our Privacy Policy explains:

    1. how we store and use, and how you may access and correct your personal information;
    2. how you can lodge a complaint regarding the handling of your personal information; and
    3. how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@medimates-app.com

    By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms and Conditions.

  6. Promotions and Competitions

    For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms of Use, those terms and conditions will prevail.

  7. Mobile and Other Devices

    Please be aware that when you access or use the Services on your mobile or other personal device that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

  8. Linked Sites

    Our services may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

  9. Intellectual Property Rights

    You acknowledge and agree that we own or license all legal right, title and interest in and to the Services, including any and all intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and nothing in these Terms of Use gives you a right in or to such intellectual property, except to the extent that your material exists within the Services in which case you licence such material to us as set out in the Terms of Use.

    In using the Services you agree that you shall not (and will not permit anyone else) to adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any intellectual property in the Services. You agree that you will not use any intellectual property in a way that is likely or intended to cause confusion about the owner or authorised user of the intellectual property. Any reproduction or redistribution of the Services is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

    If you believe that any materials on the Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative, and must:

    1. identify the allegedly infringing materials;
    2. indicate where on the Website the infringing materials are located;
    3. provide your name and contact information;
    4. state that you have a good faith belief that the materials are infringing;
    5. state that the information in your claim is accurate; and
    6. indicate that you are the lawful copyright owner or are authorised to act on the owner's behalf.

    If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice in accordance with our requirements. Our contact for copyright issues relating to the Services (including the notices and counter-notices) is info@medimates-app.com

    For the purpose of these Terms of Use, intellectual property includes, but is not limited to, patents, designs, patterns, artistic works, photography, literary works, musical works, sound recordings, cinematograph films, software, trademarks, service marks, trade names and logos.

  10. Services Code of Conduct

    Certain types of conduct are inappropriate when using the Services. You agree not to engage or encourage others to engage in such inappropriate conduct. In particular, but without limitation, you must not:

    1. Use, share, upload, create or deal in any way with any material that infringes or violates any third party rights (including copyright or trade mark);
    2. Impersonate any person or entity without their prior authorisation;
    3. Obtain or attempt to obtain another person’s password or other details in connection with the Services;
    4. Harvest any information or communicate another person’s information or details without their prior consent;
    5. Falsely state or otherwise misrepresent your affiliation with a person or entity;
    6. Threaten, stalk, intimidate, harass, bully, assault, pester or do anything else unwanted to another person;
    7. Use offensive, vulgar, profane, invasive, abusive or obscene language or gestures;
    8. Use racially, religious or sexually offensive language or gestures;
    9. Use, share, upload, create or deal in any way with material that is defamatory, libellous, derogatory malicious, demeaning or hateful;
    10. Use, share, upload, create or deal in any way with material that contains “viruses”, “Trojan horses”, “copybots”, “worms”, spyware, “time bombs”, “cancelbots” or any other computer programs or codes that are intended to damage, interrupt, destroy, detrimentally interfere with or limit the functionality of any computer system, computer software or hardware, data, personal information or telecommunications equipment or other such device;
    11. Modify, or attempt to modify, any underlying computer code in the Services and/or any related material;
    12. Directly or indirectly send “spam”, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, unauthorised advertisements or unauthorised promotion;
    13. Use, share, upload, create or deal in any way with material that is obscene, pornographic, harmful to children, depicts gratuitous violence, sexually explicit, unlawful or illegal; or
    14. Discuss or encourage illegal activity, such as underage drinking or how to obtain illicit drugs.

    If you engage in such conduct we may take whatever steps are necessary to stop and/or prevent such behaviour, including termination of your Member Account and use of the Services.

    YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF OUR USERS. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE CONDUCT OF USERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

  11. Termination

    You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. We may terminate your account at any time without notice if we believe that you have violated these Terms of Use.

  12. Disclaimer of Warranty

    The Services are provided “as is", without any warranty of any kind. We expressly disclaim all implied warranties to the maximum extent allowed by law, and we make no warranty regarding the information in the Services. You should monitor any changes to the information contained in the Services.

    We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Services or a third-party linked website. You must take your own precautions to ensure that whatever you select for your use of our Services is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

    We may, from time to time and without notice, change or add to the Services (including these Terms of Use) or the information, products or services described in it. However, we do not undertake to keep the Services updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

  13. Liability

    To the maximum extent permitted by law, we and our affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners, licensees and licensors (collectively, the Related Parties) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further excludes liability for all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Services, even if we or our Related Parties have been advised of the possibility of such damages.

  14. Indemnity by you

    You agree to indemnify, hold harmless and defend us and our Related Parties at your expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable solicitors' fees and other dispute resolution expenses) incurred by us and our Related Parties arising out of or relating to:

    1. your access to or use of the Services;
    2. your content; and
    3. your breach of these Terms.

  15. Miscellaneous

    Your use of the Services and these Terms of Use are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales.

    We may transfer, assign, novate or otherwise deal with any part or whole of the Services without notification to you.

    If any provision of these Terms of Use are found to be unenforceable, then that provision or provisions will be severed from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

    These terms and conditions, together with the Privacy Policy, make up the entire agreement between you and us, and supersede any prior agreements.