Terms, Conditions & Privacy Policy

Privacy Policy

Mental Load Project (ABN 57749224485) (“we/us”) deals with your personal information in accordance with the Privacy Act1988 (Cth) (“the Act”) and the Australian Privacy Principles (APPs) set out in the Act. We also comply with the Spam Act 2003 (Cth) which imposes various restrictions on sending emails, and the General Data Protection Regulations (“GDPR”) in relation to EU citizens.

 

WHAT PERSONAL INFORMATION DO WE COLLECT?

We may collect and hold the following personal information:

  • Your name, contact details, address, phone number and email;
  • Your personal details such as billing information and opinions;
  • Your browsing history on our website; and
  • Records of your communications with us.

We may also collect sensitive information from you with your consent such as where we ask for information about your health.

 

WHY DO WE COLLECT AND HOLD YOUR PERSONAL INFORMATION?

We collect and hold your personal information to:

  • Communicate with you regarding your enquiry, or use of our website and products and services;
  • Conduct, monitor and analyse our business and operations;
  • Perform services for you where relevant;
  • Comply with our obligations under the law in terms of record keeping;
  • Provide information relevant to you (however, you can opt out at any time);
  • Analyse your interaction with our products and services to produce statistical information that we can use to optimise the information, products and services and any advertising we provide to you;
  • Provide information to third parties as authorised or required by law.

 

WHEN DO WE DISCLOSE IT?

We do not sell your personal information, and we do not use your personal information or disclose it to another organisation unless:

  • It is reasonably necessary for one or more of the purposes described above;
  • Because of the nature of the information or collection, we believe you would expect us to use the information or disclose it;
  • It is required or authorised by law, or we suspect something unlawful and it is necessary for us to take action;
  • It is necessary to protect the rights, property, health or personal safety of a customer, client, us or the public and it is impracticable to obtain your consent;
  • You have provided your consent or it is for a purpose expressly permitted under the Act;
  • It is necessary to obtain third party services, such as analytics, data storage or payment service providers or marketing and advertising services.

 

HOW DO WE COLLECT THE PERSONAL INFORMATION?

Generally we collect your personal information directly from you, including when you use our social media sites, or our website, or when you call us or email us. However, in some instances we may collect personal information from third parties. We also use software like cookies and mobile identifiers to tell us how you use our website. These tiny digital identifiers are automatically stored on your computer or mobile device and help us to personalise our service to you. You can turn them off or delete these at any time in your website browser settings or mobile device settings.

 

WHAT IF YOU DON’T WANT IT DISCLOSED?

If you don’t want your personal information to be disclosed, please contact us at [email protected]. Provided the disclosure is not required by law we will assist.


STORAGE AND SECURITY

We will take reasonable precautions to protect your personal information, including against loss, unauthorised access, disclosure, misuse or modification. We will ensure that organisations to whom disclosure is made are compliant with the Act.

 

YOUR RIGHTS TO ACCESS AND DISCLOSURE

There are some other circumstances where we may withhold your personal information including:

  • Where the request is frivolous or vexatious;
  • Where providing access would have an unreasonable impact on the privacy of another person;
  • Where we believe that withholding the personal information is necessary to protect the rights, property, health or personal safety of a customer, client, us or the public; or
  • Where the information relates to negotiations or anticipated legal proceedings between you and us.

 

Except where we are permitted or required by law to withhold your personal information, you have the right to access it. Please email us at [email protected] to access, correct or delete your personal information.

 

ADDITIONAL PROVISIONS FOR EUROPEAN CITIZENS

If you are a resident of the European Economic Area (“EEA”) you have certain rights and protections under the GDPR regarding the processing of your personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our website services and information about them.

We rely on the following lawful means of processing your personal information:

  • Where you have given us valid express consent to use your personal information we will rely on that consent, and only use the personal or sensitive information for the specific purpose for which you have given consent.
  • Where we need comply with the law, or act to in an emergency, we will rely on that lawful means of processing your personal information.

 

Your Rights

If you are an EEA resident, you have various rights including the right to be informed; right of access; right to rectification; right to object; right to restriction of processing; right to erasure or to be forgotten; right to data portability; and right not to be subject to automated processing. If you want to access personal information we hold about you, or ask if that the information be corrected, please contact us at [email protected]. In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your personal information. If you would like to limit or request deletion of your personal information or exercise any other rights you can do so by contacting us. You can withdraw your consent to our collection or processing of your personal information. You can do so by contacting us at [email protected] or by opting out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe. If you withdraw your consent to the use of your personal information, you may not have access to our services, and we might not be able to provide you with our services. In some circumstances where we have a legal basis to do so we may continue to process your information after you have withdrawn consent, for example if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.

 

Security

All personal information stored on our website platform is treated as confidential. It is stored securely and is accessed by authorized personnel only. Our collection is limited in relation to what is necessary, for the purpose for which the personal information is processed, and kept only for so long as is necessary for the purpose for which the personal information was collected. We implement and maintain appropriate technical, security and organisational measures to protect personal information against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of personal information and we have adequate cyber security measures in place. By providing us with your personal information you consent to us disclosing it to third parties who reside outside the EEA countries. We will ensure that those third parties are GDPR compliant.

 

Terms of Use of Website

Mental Load Project [ ABN 57749224485] (“we, us, our”) operates this website at mentalloadproject.com. Your use of this website and services is conditional upon you accepting these terms of use, and any other terms and conditions and policies we publish or link to on our website and services (“Terms of Use”). “You” could be a website browser, customer, client, subscriber, contributor of content or any other user. By accessing or using our website and services, you are agreeing to be bound by these Terms of Use; if you do not agree, you cannot use our website and services, so please surf elsewhere. We may change these Terms of Use at any time, and by continuing to use or access our website and services, you are accepting those changes.

 

You must be 18 years old or older to use our website and services, or have parental consent. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.

 

You must not use our website and services:

  • for any unlawful purpose;
  • to infringe any law, or regulation;
  • to infringe intellectual property laws including, but not limited to, any copyright laws;
  • to transmit any destructive code such as worms, viruses or malware;
  • to collect or track the personal information of others;
  • to interfere with or circumvent the security features; or
  • to spam, phish, spider, or scrape information.

 

RELIANCE ON ADVICE DISCLAIMER

We may provide information on our website that may be classed as medical or health information. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held.

Sometimes the information or advice may be historical information. Sometimes the information or advice may be based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time.

Sometimes the information or advice may not be complete. We have no obligation, and do not warrant that we will update the information or advice, or correct errors, or provide complete materials. We recommend that you consult more primary, accurate, complete and timely sources of information. We do not guarantee that the information on our website is accurate, complete or current. We are not liable for any Loss or damage due to negligence or otherwise arising from your reliance on any advice or information on this website.

We cannot take into account your personal situation or your personal goals or objectives when providing information or advice on our website. You must consider whether or not the information and advice is appropriate to your needs. This website is not a substitute for independent professional advice and any reliance on this information is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on this advice. For example, do not use any medical information to diagnose, treat cure or prevent a disease.

 

VISITOR CONTENT

We encourage you to engage with our website; however, we do not recommend that you include any personal information in your posts, so as not to encourage any spam. You also post on the condition that you agree that we may, at any time and, without compensation to you, edit, copy, distribute, and otherwise use any posts that you make. We have no obligation to reply or engage with your posts. When you post to our website, you must comply with our content standards as follows:

You must not post:

  • any advertising, self-promotion or sales; any inappropriate or offensive content, including but not limited to, any messages with insults or profanity, messages which are religiously, racially, or sexually offensive, or threatening or abusive;
  • any illegal content including, but not limited to, any content which breaches confidentiality or anything defamatory;
  • anything that violates the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy;
  • any immoral content, including but not limited to, anything pornographic or obscene; or
  • any content that impersonates any other person or misleads us or third parties as to the origin of your posts.

Where posts do not comply with our content standards, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. Any breach of these content standards will constitute a breach of these Terms of Use and we may immediately terminate your use of our website. You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts.

 

INTELLECTUAL PROPERTY

All of the Intellectual Property Rights in our website and services are owned by or licensed by us. This includes, but is not limited to, rights in all brand names, logos, slogans, images, photographs, copy, drawings, art, literature, music and video which appear on our website and services. We grant you a non-exclusive, royalty-free, revocable, worldwide licence to use our website and services for your personal use only. You must not reproduce, duplicate, copy, sell, resell or exploit the website or services in any way. In particular, you must not use our website or services for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at [email protected] to seek consent for any other use.

 

TERMINATION

We may refuse to provide this website or services to you, or anyone, for any reason, at any time. In particular, if you breach these Terms of Use we may immediately terminate your use of our website and services. We can also change, suspend, or stop our website or services or any part of them at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our website and services.

 

OUR CONTENT

Sometimes content on our website and services will not be accurate, complete or current. Sometimes content may be incorrect or outdated. We have no obligation, and do not warrant that we will correct errors, provide complete materials, or update information or any content. Any reliance on the content on our website and services is at your own risk.

 

THIRD PARTIES

Our website and services may include third party links. We have no control over third party links and websites, and we are not responsible for third party materials, content, websites or their products or services. Any purchase by you of products or services or any transaction with a third party is a contract between you and them, and we are not to be involved. You need to direct any concerns directly to that third party.

 

NO WARRANTIES

We do not represent or warrant that your use of our website and services will be uninterrupted, timely, secure or error-free. We may also remove the website and services on it for indefinite periods of time or cancel the website and services at any time, without notice to you. Our website is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions concerning, title, non-infringement or fitness-for-purpose.

 

THIRD PARTY APPS/ SOFTWARE

To enhance our website and services, we may provide you with access to third party apps and software tools over which we have no control. You acknowledge and agree that we provide access to these apps and tools on an “as is” and “as available” basis without any warranties as to their performance either express, or implied. We do not warrant that they will meet your requirements, be uninterrupted, timely secure or error- free, that the results will be accurate or reliable, or that the quality will meet your expectations. They are to be used at your risk, and you must read their terms and licenses which will govern your use of them. We are not responsible for any Loss or damage that you may suffer in connection with downloading, installing, using, modifying or distributing the third party apps or software.

 

LINKING TO OUR WEBSITE

Our website may contain various social media features that enable you to link from your own website to content on our website, send emails or communications with links to content on our website or otherwise enable limited portions of our content to be displayed on your website. You may use these features solely as they allow without circumventing them in any way. You must not cause our website to be displayed by framing, deep linking or in-line linking. Any website from which you provide the link must comply with our visitor content standards.

 

LIABILITY AND INDEMNITY

Your use of, or inability to use our website and services is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services including, but not limited to, any errors or omissions in any content, your reliance on advice and information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of these Terms of Service, including but not limited to your breach of any visitor content standards, or your violation of any law or the rights of a third-party, or your use of third party apps, software,or your use of third party social media features, or third party links and services.

 

OTHER

These Terms of Use are to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Terms of Use survive termination of this Agreement.

 

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, personal injury, death, property damage and legal costs.

We, us, or our means Mental Load Project [ABN 57749224485 ] and includes any of our directors, officers, employees, agents, partners, contractors .

Website and services means mentalloadproject.com, and everything available on this website including, but not limited to, any products and services.