Website Terms and Conditions

 

Legal entity: Mim Kempson

ABN: 58874792580

Website URL: www.mimkempson.com

These fields are used throughout this document. Where you see a reference to the “Business” or the “Site” those terms refer to the details you have inserted above.

By accessing or using this Site, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use this Site.

1.     DEFINITIONS

The following expressions used in these Terms and Conditions have the following meaning unless the context clearly requires otherwise:

(a)    Business means the legal entity and ACN or ABN inserted at the top of this document, the owner and operator of this Site (us, we, our).

(b)    Site means the website URL inserted at the top of this document and includes any associated pages, subdomains, social media accounts and platforms operated or controlled by the Business.

(c)    User or you / your means any person who accesses, browses or uses this Site, whether as a general visitor, prospective client or existing client.

(d)    Intellectual Property Rights or IP means all intellectual and industrial property rights, including copyright, patents, trade marks, designs, business names, trade secrets, know-how, logos, graphics, content, software and all other rights resulting from intellectual activity.

(e)    Terms and Conditions means these Website Terms and Conditions as updated from time to time.

2.     GENERAL

By using this Site, you agree that:

(a)    you have read and understood these Terms and Conditions and agree to be bound by them;

(b)    these Terms and Conditions apply each time you access or use this Site;

(c)    the Business may update these Terms and Conditions at any time without notice. It is your responsibility to check for updates each time you visit this Site; and

(d)    by accessing this Site or the Business’s social media platforms, you understand that any information, content or material provided is of a general informational nature only and does not constitute specific advice of any kind. This applies whether you are a general visitor, a prospective client or an existing client.

3.     WITHDRAWAL OF SITE

(a)    This Site is made available free of charge. We do not guarantee that the Site, or any content on it, will always be available, uninterrupted or error free.

(b)    We may suspend, withdraw or restrict the availability of all or any part of this Site for business or operational reasons at any time and without notice.

(c)    You are responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms and Conditions and comply with them.

4.     INTELLECTUAL PROPERTY

(a)    All Intellectual Property Rights in this Site, including its content, design, layout, text, graphics, logos, icons, images, video, audio and other materials, remain the exclusive property of the Business or its licensors.

(b)    You may view, download and print materials from this Site solely for your personal, non commercial use. You must not reproduce, republish, modify, distribute, transmit, display, sell or exploit any part of this Site or its content without the prior written consent of the Business.

(c)    Nothing on this Site transfers any Intellectual Property Rights to you.

5.     ACCEPTABLE USE

You may only use this Site for lawful purposes and in accordance with these Terms and Conditions. You agree not to:

(a)    upload or transmit any material that is defamatory, offensive, obscene or otherwise unlawful;

(b)    introduce viruses, trojans, worms or other harmful or malicious code;

(c)    interfere with, disable, overburden or impair the proper operation of this Site;

(d)    attempt to gain unauthorised access to this Site, its servers or any connected networks or databases;

(e)    use any automated tool, robot, spider or scraping technology to access, copy or reproduce content from this Site;

(f)    use this Site or its content for any commercial purpose without our prior written consent; or

(g)    engage in any conduct that restricts or inhibits any other person’s use or enjoyment of this Site.

6.     PRODUCTS, SERVICES AND BOOKINGS

(a)    This Site may provide information about our services, allow you to make enquiries, submit booking requests or purchase products or services directly.

(b)    Where you make a purchase or booking through this Site, separate terms and conditions may apply to that transaction, including our Service Agreement. Those terms will be provided to you at the time of purchase or booking and form part of your agreement with us.

(c)    We reserve the right to refuse, cancel or modify any booking or purchase at our discretion, including where payment is not received or where we determine the services are not suitable.

(d)    Prices, availability and inclusions displayed on this Site are subject to change without notice. We make no guarantee that any product or service will be available at the time of your enquiry or booking.

(e)    Any testimonials, case studies, results or examples of outcomes displayed on this Site are illustrative only. They do not constitute a guarantee of similar results for any individual client.

7.     NO PROFESSIONAL ADVICE

Nothing on this Site, including any content, resources, guides, downloads or social media content published by the Business, constitutes medical, nutritional, therapeutic, psychiatric or clinical advice.

(a)    Nothing on this Site, including any content, posts, resources, guides, downloads, social media content or communications, constitutes specific advice tailored to your individual circumstances. All content is provided for general informational purposes only.

(b)    By accessing this Site or the Business’s social media platforms, you acknowledge that any content you view is general in nature, has not been prepared with your specific circumstances in mind, and must not be relied upon as a substitute for independent professional advice.

(c)    You are solely responsible for obtaining independent advice appropriate to your circumstances before making any decision based on content viewed on this Site or the Business’s social media platforms.

(d)    Use of this Site and any information contained on it is at your own risk.

8.     THIRD PARTY LINKS

(a)    This Site may contain links to external websites, resources or platforms provided by third parties. These links are provided for convenience only and do not imply any endorsement or approval by the Business of those sites or their content.

(b)    We have no control over third party sites and accept no responsibility for their content, accuracy, products, services or privacy practices. Access to any third party site is entirely at your own risk and subject to the terms of that site.

9.     COOKIES AND TRACKING

(a)    This Site may use cookies and similar tracking technologies to collect information about how you use and interact with the Site. This may include your IP address, browser type, pages visited, time spent on the Site and other usage data.

(b)    Cookies help us improve the Site, understand visitor behaviour and, where applicable, deliver relevant content or advertising. By continuing to use this Site, you consent to our use of cookies in accordance with our Privacy Policy.

(c)    You can disable or manage cookies through your browser settings. Disabling cookies may affect the functionality of certain parts of this Site.

(d)    For more information about how we collect, use and store your personal information, please refer to our Privacy Policy.

10.   SECURITY AND VIRUSES

(a)    We do not guarantee that this Site or its servers will be secure or free from bugs, viruses or other harmful components. You are responsible for using appropriate antivirus and security software to protect your own systems.

(b)    We accept no liability for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your device, data or software as a result of your use of this Site or any content downloaded from it.

11.   COMMUNITY STANDARDS

Where the Business operates an online community, group program, social media space or other digital engagement platform, the following standards apply to all users and participants:

(a)    you must conduct yourself respectfully and professionally at all times;

(b)    you must maintain the confidentiality of information shared by other participants in any group or community setting;

(c)    you must not share, publish, redistribute or otherwise disclose the Business’s proprietary content, program materials or resources without prior written consent;

(d)    you must not engage in any conduct that is offensive, discriminatory, harassing, defamatory or otherwise unlawful; and

(e)    the Business reserves the right to remove, suspend or block any user who breaches these standards, without notice and without refund.

12.   LIMITATION OF LIABILITY

(a)    To the maximum extent permitted by law, the Business disclaims all express, implied and statutory warranties in relation to this Site and its content.

(b)    The Business is not liable for any loss, damage, cost or expense of any kind arising out of or in connection with your use of or reliance on this Site, its content, or any linked third party site, including any direct, indirect, consequential, incidental or special loss.

(c)    Where liability cannot be excluded by law, it is limited to the re-supply of access to the Site or, where a fee has been paid in connection with accessing content on the Site, a refund of that fee.

(d)    Nothing in these Terms and Conditions excludes or limits any liability that cannot be excluded under the Australian Consumer Law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

13.   ILLEGALITY AND SEVERABILITY

If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, that provision will be read down to the minimum extent necessary to make it valid and enforceable. If it cannot be read down, it will be severed and the remaining provisions will continue in full force and effect.

14.   JURISDICTION AND GOVERNING LAW

These Terms and Conditions are governed by the laws of Western Australia. You submit to the non exclusive jurisdiction of the courts of that state or territory and courts competent to hear appeals from those courts.

15.   ELECTRONIC COMMUNICATION

You agree that we may communicate with you by electronic means including email, SMS or via this Site. You acknowledge that electronic communication is not entirely secure and agree that the Business is not liable for any loss or damage arising from the use of electronic communication, except to the extent caused by our negligence or wilful misconduct.

16.   CONTACT US

If you have any questions about these Terms and Conditions, please contact us. Our contact details are available on the Site.

Last updated: 26/05/2026