ONLINE COURSE (S) TERMS AND CONDITIONS

The MindBodyFood Institute offers online courses designed for those seeking to upgrade or advance their professional and personal skills, develop a new career, transition between careers, personal growth, and professional development.

The terms ‘us’ or ‘our’ or ‘we’ refers to the MindBodyFood Institute, the owner of the website, whose registered office is in Queensland, Australia. The term ‘student’ or ‘active student’ refers to ‘you’, the enrolled student, whilst actively completing your enrolled course and requirements within the allocated course duration time.

By purchasing a course from this platform and MindBodyFood Pty Ltd ACN 616235137, you agree to the following terms outlined in this Terms and Conditions (the “Agreement”) as a condition of your participation in your selected course.

Terms and Conditions

1. General

1.1. MindBodyFood Institute courses are designed to educate, inspire and integrate holistic coaching methods, applied neuroscience principles, stress and nervous system education, positive psychology tools, and mind-body relaxation practices into modern lifestyles and allow individuals to create real and lasting mindset and behaviour change with the brain, body and nervous system health in focus.
1.2 MindBodyFood Institute provides the following during the learning and course experience:

• An accessible modern course platform
• An inclusive, supportive, and safe learning environment
• Direct student support to ask questions relating to the course topics
• Experienced and knowledgeable tuition and direction
• Quality professional development instruction
• Quality personal development guidance
• Practitioner protocols, toolkits and business resources
• Integrative exercises
• Client resources and visual aids
• Coaching and Practitioner practical experience
• Access to the MindBodyFood private Facebook community group.

2. Course Content/Delivery/Duration

You understand and agree:

Content

2.1. Access to all course materials for each active student and their enrolled course(s) is solely via an online course Platform.
2.1.1. Access is granted to active students working through their course and graduates who successfully complete their course within the required completion duration time, or where a student pays the required extension to complete their course requirements, and provided that the MindBodyFood Institute continues to have an agreement to offer that course.
2.1.2. Individual course writers own the copyright to their course content. A contract course writer may remove their course from our offerings, or, MindBodyFood Institute may have to remove a course from our offerings for contractual or legal reasons, in which case content will remain available for the duration of the active student’s enrolment duration time.
2.1.3. Depending on your selected course, the Dashboard for each course may include access to all or a combination of the following:

• Written Lesson Modules in the platform
• Embedded webinar lectures (core content)
• Downloadable PDFs (core content)
• Video resources
• Audio resources
• Access to the MindBodyFood Video Training Vault of coaching calls, demonstrations, interviews, masterclasses and tutorials for business, marketing and further observational learning.
• Coaching toolkits
•  Business toolkits
• Bonus videos

Delivery

2.2. Upon enrolment you will be required to register your details to access course materials via the online student platform by providing the following information, but not limited to:
2.2.1. Name
2.2.2. Year of Birth
2.2.3. Address
2.2.4. Email address
2.2.5. Phone number

Password security

2.3. You must ensure the security and confidentiality of your registration details, including any username and/or Password.
2.3.1. You must not allow any other person to use your Password.
2.3.2. You must notify us immediately if you become aware of any unauthorised use of your registered details.
2.3.3. Information you provide is managed by our Privacy Policy.
2.3.4. In addition to the online student platform each course may contain some or all of the following:
2.3.4.1. Monthly Live Group coaching calls.
2.3.4.2. Live Q&As and specialist training.
2.3.4.3. Email support with student mentor coaches.

Certification Students

2.4. 3 x 30-minute one on one optional coach mentoring sessions via Zoom, WhatsApp or Google Meet are included in the course fee for each student of the 3-stage full dual certification course.
2.4.1. Sessions are scheduled by agreement with the assessor and must be claimed and conducted within 4 weeks of each workbook assessment date.

Course Duration

2.5. The following time limits apply for completion of certification courses:

• Full Dual Certification Course – 12 months
• Coach/Practitioner Certificate Courses – 6 months

2.5.1. Paid extensions are available if required and must be processed on or before the students’ completion date. A student may choose either 3 or 6 months paid extension and is limited to a maximum extension time of 18 months total. (please see “Extension Fee” below)
2.6. Assessment across all courses is competency-based.
2.6.1. Competency tasks are embedded into an editable Workbook (Word and Pages) where the student must type their answers to demonstrate their learning and application of self-reflective exercises.
2.6.2. Each course and stage has a separate workbook with all tasks included, for example: the full dual certification course has 3 stages, with a Workbook for each stage of the course, therefore 3 Workbooks.
2.6.3. Students must submit their Workbooks in the correct format using Word or Pages via email to ‘students@mindbodyfoodinstitute.com’ and assessment will be completed and returned via email within 10 working days of receipt.
2.6.4. Where the student has failed to answer all questions or demonstrate an adequate understanding of knowledge or concepts, the student will be requested to complete or reattempt a theory or practical task and resubmit for demonstration and re-assessment.
2.6.5. Where the student is required to complete or reattempt a theory or practical task and resubmit for demonstration and assessment beyond their completion duration time, a time limit will be provided, or a paid extension may be required.

Private Facebook Group

2.7. You understand and agree that the student community created for MindBodyFood Institute participants in the private Facebook group is for the sole purpose of providing a safe forum for you to connect with peers, ask questions, or source inspiration and motivation, and is purely optional.
2.7.1. You are prohibited from pitching your business, promoting, selling or building your business network, promoting other Facebook groups and businesses, or offering lead generation or paid offers in the MindBodyFood Facebook group or by private message to other group participants unless the MindBodyFood Institute Admin invites you to share in the comments under a separate and dedicated promotional post only.

3. Fees & Method of Payment

3.1. By purchasing the course(s), you agree to pay the advertised online price in Australian Dollars (AUD). Please check the equivalent in your local currency.
3.1.1. Current Course fees are listed on each individual course webpage.
3.1.2. All course fees include GST where applicable.
3.1.3. We reserve the right to change these prices from time to time. Please check the website for updated and current pricing information.

Payment Plans

Full Certification courses
3.2. Payment plans for each course are listed on each individual course webpage where applicable.
Certificate and Short courses
3.2.1. Payment plans (various consecutive monthly instalments) are available for Certificate and select Short courses.
3.2.2. Payment plan payments are pre-scheduled direct debit payments via PayPal or credit or debit card (Stripe, Square) and are to be completed within the chosen payment plan period.

Missed Payments

3.3. Where payments are missed and attempt(s) to contact you have been unsuccessful, your access to course materials will be suspended until all outstanding payments have been updated. Missed payments resulting in course access being removed do not alter a students’ original duration time or completion date.
3.3.1. Where payments have consistently missed and have not been updated in full, your access to course materials will be adjusted so that the percentage of material available aligns with the percentage of course payments already made.

Personal Hardship

3.4. Where there is genuine personal hardship, you may be eligible to apply for a deferral period of 3 months to pause your payments and course access and attend to your personal situation. Where applicable to meet the eligibility criteria, evidence to support your application will be required during the application process. A maximum of 2 deferral periods may be granted.

3.4.1. You agree that you will recommence study and payments on the agreed date the deferral period ends.

Extension Fee

3.5. Where further time is required as a result of not submitting completed task requirements for assessment within your course completion time, or failing to respond to communications by the Institute, an Extension Fee of $250 for 6 months duration, or $125 for 3 months duration, will be applied to continue the course within a new extended completion date, applicable from the original completion date.
3.5.1.  Where students fail to complete their course requirements and do not pay the extension fee prior to or on the date of their original completion date, access to their course and student account will remain suspended and their student account will be cancelled and graduation certificates will be not be issued.
3.5.2. Student accounts will be suspended for a period of 1 year from the original completion date should a previous student wish to apply to return and complete their course within that time. An administration reinstatement fee, extension fee and the amount of any difference in course fee from a student’s original enrolment date will be applied to re-enrol into their original course. Offer is subject to the course still being available for enrolment.
3.5.3. Graduation certificates are issued only when a student’s tuition fees are paid in full, and they have successfully completed all workbook assessments and practical requirements by their required completion date or paid to extend their completion date. Students who complete their course before their payment plan expires will be required to pay any outstanding tuition fees prior to receiving their official certificate/s.

4. Withdrawal, Cancellations, Refund requests.

You understand and agree:

4.1. The MindBodyFood Institute certification courses have been designed for participants who are committed to professional growth and personal development, and who understand that to gain the maximum benefit and results, a commitment to complete the selected course within the specified duration is required for a successful learning window.

Withdrawal

4.2. You may withdraw from any course at any time however there is no refund whatsoever for a change of mind and withdrawal from your selected course, and you remain liable for the remainder of fees regardless of whether you paid in full or by payment plan. (please see refund policy for reasons other than a change of mind below).
4.2.1. Where you request to withdraw from a course and have outstanding payments, access to the course content will be suspended immediately.

Refund Policy

4.3. Requests for a refund will be managed according to our obligations and your rights as a consumer under Australian Consumer Law.
4.3.1. A refund request will be considered on a case by case basis and is not guaranteed.
4.3.2. Where a refund is agreed to, after the application of Australian Consumer Law principles, the amount of refund will be calculated according to the value of the Course content delivered, coaching sessions and professional hours provided to you plus an administration fee of $250 and deducting this amount from the amount you have paid.
4.3.3. The above costs will be calculated and deducted from the total fees owing to The MindBodyFood Institute.
4.3.4. You will remain liable for the balance of outstanding fees owed to The MindBodyFood Institute.
4.3.5. Failure to pay at any time is a breach of this Agreement and we are entitled to seek legal relief and remedy for this breach and to recover the debt owed by you.
4.3.6. Outstanding accounts will be referred to a third party for debt collection.
4.3.7. Any request for a refund must be in writing to students@mindbodyfoodinstitute.com.

5. Your Responsibilities

5.1. As a participant in the course, you understand that you are expected to meet the learning criteria outlined on each course page, and the following:
5.1.1. Demonstrate competency through completing every question and task required, providing sufficient written explanations to display a sound understanding or application of concepts, personal insights, integration, and competent ability toward practical tasks.
5.1.2. Complete the required number of practical coaching sessions and minimum number of clients, including providing all required forms and client feedback for verification as outlined in your practical coaching booklet.
5.1.3. Attend or watch any required live and recorded calls, tutorials, or lectures to enable you to progress through your selected course requirements.
5.1.4. Be non-judgmental, respectful, and positive in your conduct and communication with all stakeholders.
5.1.5. Complete all modules, attend calls when possible and apply all practices within the required course completion time.

Group Training Calls

5.2. You will respect the confidentiality of each participant in all group coaching calls and will not discuss another participant or their business, in either a personal or professional context, outside the group for any reason whatsoever without the express written permission of the Participant.

6. Confidentiality

6.1. All information shared with the MindBodyFood Institute during individual coaching sessions is confidential and will not be shared with a third party unless required by law.
6.1.1. Personal and business information provided by you is managed by our Privacy Policy.

7. Intellectual Property and Copyright

7.1. All programs and materials available on this platform and within any program created by MindBodyFood Pty Ltd are the property of MindBodyFood Institute and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws.
7.1.1. All material including but not limited to course content, manuals, videos, coaching toolkits, business toolkits and all other material is provided solely for your personal non-commercial use.
7.1.2. You may not use any of the materials available on this platform or within any course in a manner that infringes on any of our rights or that has not been authorised by us.
7.1.3. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this platform or any course without the express permission of MindBodyFood Pty Ltd. You may request such permission by emailing students@mindbodyfoodinstitute.com.

8. Disclaimer

You understand and agree:

8.1. You have engaged MindBodyFood Pty Ltd services and purchased products such as this course, at your own risk and that all programs are provided as an educational and informational service or product only.
8.1.1. You shall refer any financial questions (business and development) which may arise to qualified professionals before making any financial or business development related decision during or as a result of completing any course.
8.1.2. You shall refer any medical questions (including psychological or emotional issues) which may arise during any course to qualified professionals.
8.1.3. You shall refer to a qualified professional before making any health-related decision during or as a result of participating in any course by MindBodyFood Institute.
8.1.4. MindBodyFood Institute does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your results from any program.
8.1.5. Results are dependent on various factors including but not limited to, commitment, online skills, personal ability, and dedication, and in no way dependent on any information MindBodyFood Institute provides to you.
8.1.6. You accept and agree that you are fully responsible for your progress and results from your selected course.
8.1.7. You accept and agree that you must complete the Course requirements to obtain the full benefit of the Program.
8.1.8. You accept and agree that individual results may vary and that it is possible that you may not achieve the expected results and that the outcome is dependent upon your participation and personal skills and abilities and not the responsibility of MindBodyFood Institute.

Earnings Disclaimer

8.2. MindBodyFood Pty Ltd cannot and does not make any guarantees about your ability to get results or earn any money from any course or with our templates, tools, ideas, information or strategies.
8.2.1. You acknowledge that there is an inherent risk in any business enterprise or activity and there is no guarantee that you will earn any money as a result of course undertaking.

9. Limitation of Liability

9.1. MindBodyFood Institute guarantees all services are supplied to you with due care and skill and fit for the purpose that the services have been advertised.
9.1.1. To the extent that MindBodyFood Institute is unable to exclude liability; total liability for loss or damage you suffer or incur from services by MindBodyFood Institute is limited to re-supplying the Services to you, or, at MindBodyFood Institute’s option, refunding to you the amount you have paid for the Services or products to which your claim relates.

10. Jurisdiction

• This Agreement must be read and construed according to the laws of the State of Queensland, Australia.
• The Parties agree to submit to the jurisdiction of Queensland.

Thank you for reading this document. By continuing with your MindBodyFood Institute course purchase and enrolment you agree to the terms and conditions of the content created and offered by MindBodyFood Pty Ltd.

Last updated 2^nd August, 2023.

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