Terms and conditions

Welcome to the Fresh Minds website. This site is owned by ProCare Fresh Minds Limited (Fresh Minds), a subsidiary of ProCare Health Limited (ProCare). We are a provider of mind, mood and wellness support services. The purpose of the website is to provide you with information about: our services and clinics, our people and their expertise, resources about common conditions, how to book and pay for services, general information about other linked services.

Your use of this website You agree not to use this website: for fraudulent purposes or in connection with carrying out any unlawful activity, to send, use or re-use any material that is illegal, offensive, harmful, defamatory, invasive of privacy, in breach of confidence, or is otherwise injurious to third parties. To cause annoyance, inconvenience or needless anxiety, to impersonate any third party or otherwise mislead as to the origin of your content, to reproduce, duplicate copy or re-use any material contained within the website in contravention with these terms of use or any other agreement with Fresh Minds or ProCare. To interfere with the operation of this website via the use of viruses, programs or technology designed to disrupt or damage software or hardware, including damaging, disabling, overburdening or impairing this website or interfering with any other party’s use and enjoyment of this website.

Information You agree that your use of and reliance on information on this website is entirely at your own risk. You acknowledge that while we endeavor to ensure that the information we have provided on this website is accurate, we do not make any representation or warranty that the information we have provided is accurate or up to date.

Personal health information If you are accessing our services for therapy, there is health information that we will collect about you which is stored on our patient management system in a safe and secure environment that is password protected.

If you are accessing our service for webinars only, then we collect a small amount of personal information from you that is stored in a secure database. Please refer to our Privacy Policy, which gives more detailed information on this and is incorporated by reference into our terms and conditions. By using this site, you agree to the Privacy Policy.

Fresh Minds uses Zoom as a third party application to run Webinars. This is also referred to in our Privacy Policy below. We may record our Webinar sessions for educational purposes. If for any reason the webinar is shown to a person outside of the live event, only the presenter and presentation slides will be visible.

Purchasing Fresh Minds learning webinars

  1. Payment for webinars can be made through our online payment system, provided by DPS (Direct Payment Solutions) which is PCI DSS compliant. Fresh Minds is not liable to you for any failure of performance, system or connection failure, error in connecting you with any third party website and using that third parties services. Except to the extent required by law, we are not liable to you, or any other person, for any losses caused as a result of unauthorised access to payment related information you provide us when placing an order, except where this is caused by our negligence.
  2. When you purchase our webinar services, you are purchasing a series of four webinars. Once purchased, we do not offer refunds if you change your mind about attending all four of them or do not attend on the date/s for which you purchased the webinars. Fresh Minds abides by the Consumer Guarantees Act 1993 (GCA), however this does not apply in instances where you change your mind, or do not attend on the date/s for which you purchased the webinar series.
  3. A recording of any missed webinar session is available upon request and is accessible for 7 days following the live recording.

Disclaimer of warranties, liability limitation Fresh Minds does not guarantee, represent, or warrant that your use of the Fresh Minds site will be uninterrupted or error-free, and you agree that from time to time Fresh Minds may remove services for indefinite periods of time, or cancel them, without notice to you.

You expressly agree that your use of, or inability to use, the Fresh Minds Website is at your own risk.

In no case shall Fresh Minds, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Fresh Minds Website or for any other claim related in any way to your use of the Website including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Fresh Minds Website, even if advised of their possibility.

Fresh Minds does not represent or guarantee that the Website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Fresh Minds disclaims any liability relating thereto.

Cookies Our web servers may place cookies on your computer. These are only accessible by us and will only be used to track the pages of the website visited by you, in order for us to build a better site more tailored to your needs and interests. If you do not want information to be collected by cookies there is a simple procedure in most browsers, which allows you to turn off the cookie function. Certain features of this website may be unavailable to you if you turn off cookies.

Disclaimer This website and the information provided on it is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. Please consult a Fresh Minds Therapist if you have mind or mood concerns, or, your General Practitioner if you have a condition requiring medical attention.

Revisions to terms and conditions We reserve the right to without notice, change, add, modify or remove any portion of these terms and conditions at any time. Any changes are effective from when they are posted on the website. Your use or continued use of the website after any changes to these terms and conditions will be deemed as acceptance of those changes.

Governing law These terms and conditions, your use of this website, any information contained on it, and any dispute arising out of such use of this website are subject to the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to these terms and conditions, your use of this website and any dispute arising out of such use of this website.

Intellectual property We are the owners or licensed users (as applicable) of all intellectual property rights used on or in connection with this website, including (but not limited to) the copyright material, patents and trademarks used on this website.

No licence is granted to any person in respect of the intellectual property rights used on this website as a result of publication on this website.

You agree and acknowledge that you will not adapt, reproduce, store, distribute, display, publish or create derivative works from any information on this website without our prior written permission.

Unless otherwise stated, you are permitted to access, view, copy, print (in limited quantities) or temporarily store textual material published by us on this website for your personal use only. Any copyright notice on that information must be retained on the copy.

International use Unless otherwise specified, the content of this website is directed solely at those who access the website from New Zealand. We make no representation that any services referred to on the website are appropriate for use, or available, in locations outside of New Zealand. Accessing this website from any jurisdiction where its contents are illegal is prohibited.

If you access this website from a location outside of New Zealand you are responsible for compliance with all local laws.

Comments If you have any comments about this website, please contact us by email on: communications@freshminds.co.nz

Owner This site is owned by ProCare Fresh Minds Limited, trading as Fresh Minds. All formal notices should be sent to us at the following address: Fresh Minds ProCare Health Limited PO Box 105 346 Auckland 1143

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