Terms of Use

1. Introduction

This website (Site) is operated by Positive Minds Australia Pty Ltd (we, our or us). It is available at www.positivemindsaustralia.com.au and may be available through other addresses or channels.

2. Consent

By accessing and/or using our Site, you agree to these Terms and our Privacy Policy. Please read these Terms carefully and immediately cease using our Site if you do not agree.

3. Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

4. Licence to Use Our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.

5. Permitted Use

You may use our Site and Content for personal or internal organisational purposes only in accordance with these Terms.

6. Prohibited Conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • using our Site to defame, harass, threaten, menace or offend any person;
  • interfering with any user using our Site;
  • tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  • using our Site to send unsolicited email messages; or
  • facilitating or assisting a third party to do any of the above acts.

7. Intellectual Property

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  • copy or use, in whole or in part, any Content;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  • breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

8. Digital Products & Platform Access (Thriving Minds Program)

Access to the Thriving Minds Program is provided on a limited, non-exclusive, non-transferable licence basis.

By purchasing or accessing any digital product or program, including the Thriving Minds Program, you agree to be bound by our Licence Agreement, which forms part of these Terms and Conditions. The Licence Agreement sets out the permitted use, restrictions, and duration of access to our digital programs.

By completing your purchase and accessing the Program, you acknowledge and agree to these Terms and the Licence Agreement.

By purchasing or accessing the Program, you agree that:

  • Access is granted to a single organisation only (e.g. one school, business or entity)
  • Access is limited to authorised staff or employees within that organisation
  • Access does not extend to multiple sites, campuses, locations or related entities, unless expressly agreed in writing
  • You must not share, distribute, transfer or provide login details or access codes to any third party
  • You must not reproduce, copy, record, download, distribute or resell any part of the Program or its content
  • You must take reasonable steps to ensure login details are kept secure and confidential
  • The Program must be used for internal organisational purposes only

We reserve the right to:

  • Monitor usage of the Program to ensure compliance with these Terms
  • Suspend or terminate access where we reasonably believe there has been unauthorised use or a breach of these Terms or the Licence Agreement

Breach of this clause may result in:

  • Immediate suspension or termination of access; and/or

Further action, including legal remedies where appropriate

9. Account Responsibility

You are responsible for maintaining the confidentiality of your account and all activity under it.

10. User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

11. Third Party Links

We are not responsible for third-party websites linked from our Site.

12. Products, Orders & Pricing

All prices are in Australian Dollars and subject to change. Prices are inclusive of GST.

13. Payment

Payments are processed securely via Stripe and Paypal and subject to authorisation.

14. Delivery & Shipping

Delivery charges are non-refundable unless required by law.

15. Returns (Physical Products)

Returns accepted within 7 days if unused and in original packaging.

16. Refunds (Digital Products)

No refunds once access is granted unless required under Australian Consumer Law.

17. Cancellations

Orders must be cancelled immediately after purchase by contacting us in writing.

18. Product Availability

We do not guarantee availability of products.

19. No Guarantee of Outcomes

We do not guarantee specific outcomes from use of our programs.

20. Disclaimer (Wellbeing & Advice)

Our content is general in nature and does not constitute medical, psychological or professional advice. You should seek appropriate professional advice and rely on information at your own risk.
It is essential that all Positive Minds Australia products are used only in the manner for which they are intended, and that care and common sense are used. To the extent permitted by law, Positive Minds Australia does not accept any liability for any damage or injury caused by the use or misuse of our products from our range and/or products ordered from this site.

21. Warranties & Disclaimers

We do not guarantee that the Site will be error-free, secure or uninterrupted, and it may contain errors or harmful components.

22. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any loss arising from use of the Site. Nothing excludes rights under Australian Consumer Law.

23. Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

24. Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

25. Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

26. Severance

If any provision is invalid, the remainder continues to apply.

27. Jurisdiction

These Terms are governed by the laws of South Australia.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

28. Discontinuance

We may modify or discontinue the Site or services at any time without notice.

29. Contact

Positive Minds Australia Pty Ltd
Email: hello@positivemindsaustralia.com.au
Last Updated: April 2026

License Agreement

1. Agreement

By accessing the Thriving Minds Program (Program), you agree to this Licence Agreement and our Terms & Conditions.

2. Licence Grant

You are granted a limited, non-exclusive, non-transferable licence to access and use the Program.

3. Licence Term

Access to the Program is provided for 12 months from the date of purchase.
Access will expire at the end of this period unless renewed.

4. Permitted Use

You may:

  • Use the Program within your organisation (e.g. school, business or service provider)
  • Provide access to authorised staff, educators or employees only
  • Use the Program for internal educational or wellbeing purposes

5. Licence Scope

Unless otherwise agreed in writing:

  • This licence applies to one organisation only
  • For schools: one campus/site only
  • For organisations: one business location/entity only

This licence does not include:

  • Multiple campuses, sites or locations
  • Related entities or partner organisations
  • External contractors or third parties

Additional sites or users require a separate or extended licence.

6. Restrictions

You must not:

  • Share login details or provide access to external parties
  • Copy, reproduce, download, distribute or resell Program content
  • Adapt or modify Program materials for redistribution
  • Use the Program outside the agreed licence scope

7. Account Security

You must:

  • Keep login details secure
  • Ensure only authorised users access the platform
  • Notify us of any unauthorised use

8. Intellectual Property

All Program content remains the property of Positive Minds Australia.
No ownership is transferred to you.

9. Monitoring & Compliance

We may monitor usage of the Program and investigate any suspected breach of this Agreement.

10. Suspension or Termination

We may suspend or terminate access if:

  • There is a breach of this Agreement
  • Unauthorised sharing or misuse occurs

11. No Guarantee of Outcomes

We do not guarantee specific outcomes from the use of the Program.

12. Disclaimer

The Program is provided for educational and wellbeing purposes only and does not constitute medical, psychological or therapeutic advice.

13. Limitation of Liability

To the extent permitted by law, we are not liable for any loss or damage arising from use of the Program.

14. Governing Law

This Agreement is governed by the laws of South Australia.

15. Acceptance

By accessing the Program, you acknowledge and agree to this Licence Agreement