Terms of Service

01About these terms

These terms apply when you use our website, use the Mind/Matter Practice app, book or attend a session at our studio, hold a membership with us, or buy a gift voucher.

In these terms, "we", "us" and "our" mean Morgwn Jasovic and Dejan Jasovic, a partnership trading as Mind Over Matter Practice, ABN 91 843 004 753. "You" means the person using our website or app, or attending our studio.

By using our website or app, or by booking a session, you agree to these terms. If you do not agree, please do not use the app and contact us to make a booking another way.

02Changes to these terms

We may update these terms from time to time. If a change materially affects your rights, and in particular if it affects a membership you already hold, we will give you reasonable notice by email before the change takes effect. Other changes take effect when we publish them on this page.

We will always show the date these terms were last updated at the top of this page.

03Your account and the app

3.1 Creating an account

To use the Mind/Matter Practice app you need to create an account with your name, email address, phone number and a password. You agree to give us accurate information and to keep it up to date.

We identify your account by your email address. If you book with a different email address, that creates a separate record and your history, packs, credits and vouchers will not follow it across. Please use the same email address each time, and tell us if you need to change it.

You are responsible for keeping your password secure and for activity that happens through your account. Please tell us straight away if you think someone else has access to it.

You must be at least 18 years old to create an account. Sessions for people aged 16 and 17 can be arranged, but must be booked and consented to by a parent or guardian. See section 6.4.

3.2 Deleting your account

You can delete your account at any time from the Account screen in the app. Deleting your account permanently removes your login and you will not be able to sign in again.

Some records must be kept after your account is deleted. Health records, intake and consent forms, session history, and payment and tax records are retained for the periods required by law, as set out in our Privacy Policy. Deleting your account does not delete those records, and it does not cancel an active membership. Please cancel your membership first.

3.3 Using the app properly

You may use the app to manage your own bookings and membership. You must not try to access another person's information, interfere with the app or our systems, use automated tools to access the app, or use the app for anything unlawful.

We may suspend or close an account that is being used in breach of these terms, or where we reasonably believe it is being used to harm another person.

3.4 Availability

We aim to keep the app and website available, but we do not promise they will always be available or free of faults. We may need to suspend access for maintenance or for reasons outside our control. If the app is unavailable, you can always book by calling us on (08) 7516 3625.

04Booking a session

A booking is confirmed when it appears as confirmed in the app or when we confirm it with you directly. Each booking is for a named person and a specific time and room.

4.1 Holding a time while you pay

When you book online, we hold your time slot for 15 minutes while you complete payment. If payment is not completed in that time, the hold is released and the slot becomes available to others. Holding a slot is not a confirmed booking.

4.2 Who else is in the room

Some of our services can be booked for more than one person, and some rooms can take more than one person at a time. Where you book for yourself alone, that room and time are yours alone. Where you add another person to your booking, or where a service is booked as a shared session, you are booking for everyone named on it and you are responsible for their details being accurate.

We do not place strangers into your session. Anyone else in the room is there because you or they arranged it with us.

4.3 First Visit offer

Our First Visit offer is available once per person and is intended for people who have not attended before. If you have attended us previously the offer does not apply, even if you book with a new email address, and we may contact you to move the booking to the standard rate.

4.4 If we need to change your booking

We may need to change or cancel a booking, for example if equipment becomes unavailable or a team member is unavailable. If we do, we will contact you as soon as we can and offer you an alternative time, a credit back, or a refund of anything you paid for that session, whichever you prefer.

05Cancelling, rescheduling and missed sessions

5.1 More than 24 hours before your session

You can cancel or reschedule at no cost. Cancel in the app, or call us on (08) 7516 3625.

If the session was paid for, you can choose a refund or a reschedule. If the session used a membership credit, the credit is returned to the credit period it came from. Because most credits run weekly (see section 7.3), a credit returned late in a week may expire before you can use it. If that happens, call us and we will work it out with you.

If the session used a session from a pack, the session is returned to your pack.

5.2 Less than 24 hours before your session

Inside 24 hours, please call us on (08) 7516 3625 rather than cancelling in the app.

Inside 24 hours, the session is generally treated as used. A paid session is not refunded and a membership credit is not returned.

We understand that illness and emergencies happen. We will use our discretion, and we would rather you called us than attended unwell.

5.3 Missed sessions

If you do not attend and do not contact us, the session is treated as used. A paid session is not refunded and a membership credit or pack session is not returned. Where the session had not yet been paid for, the fee for that session remains payable.

We may waive this at our discretion. If something has gone wrong, please call us.

5.4 Arriving late

Sessions start and finish at the booked time so that the next client is not affected. If you arrive late, we will give you what remains of your session where it is safe to do so. The full session fee or credit still applies.

06Health, safety and suitability

6.1 You must tell us about your health

Some of our services are not suitable for everyone. Before your first session you must complete our intake form and tell us about any medical conditions, medications, injuries, pregnancy, or anything else that may affect your safety.

You must tell us if your health changes. We may ask you to complete a new intake form.

6.2 Our right to decline a session

We may decline or stop a session if we reasonably believe it is not safe for you, for our staff, or for other clients. This includes where a contraindication applies, where you appear unwell, or where you appear to be affected by alcohol or drugs.

If we decline a session on safety grounds before it starts, we will refund it or return the credit.

6.3 Following instructions

You agree to follow our staff's instructions and any posted safety directions, including time and temperature limits. Some of our services carry real risks if used incorrectly.

6.4 People under 18

The minimum age for all our services is 16.

People aged 16 and 17 may attend only where a parent or guardian has given written consent, recorded on the intake form, and only where the service is suitable for them. We may require a parent or guardian to be present.

A parent or guardian must make the booking. App accounts are for people aged 18 and over, so a young person cannot book their own session.

6.5 Our services are not medical treatment

07Memberships

7.1 How memberships work

A membership is a recurring subscription that gives you session credits for particular services. Different plans include different services and different credit amounts. The plan you choose, its price, what it includes, and how often its credits are granted are shown in the app and on our website at the time you sign up.

7.2 Billing, minimum term and automatic renewal

Memberships are billed monthly in advance and renew automatically until you cancel.

Memberships have a minimum term of one month. Because you pay for each month in advance, your first month is payable in full and cannot be refunded partway through, except where the Australian Consumer Law requires it.

We charge the payment method you provide, through our payment processor Stripe. By signing up you authorise us to charge that payment method for each renewal until you cancel.

7.3 Credits, and when they expire

Most of our plans grant credits weekly, not monthly, even though billing is monthly. A weekly credit is granted for a single week and must be used in that week. Weeks run Monday to Sunday, Adelaide time.

Some plans grant credits monthly instead, and some grant a mix of both. Some plans also cap how many credits you can use in a single week, even where the total is granted monthly. What your plan grants, and how often, is shown on the plan before you sign up and in the app once you have joined.

Unused credits do not carry over. A weekly credit that is not used expires at the end of that week. A monthly credit that is not used expires at the end of that billing period. Expired credits are not refundable and cannot be exchanged for cash.

If you join partway through a week, you receive that week's full credit allocation for the remainder of the week, and your credits then continue on the normal Monday to Sunday cycle.

Credits have no cash value and cannot be transferred to another person.

7.4 Changing your plan

You can change your membership plan in the app. Where a change results in a higher price, the difference is charged at the time of the change, calculated for the remainder of your current billing period. Your credits are adjusted to match your new plan from the time the change takes effect.

7.5 Cancelling your membership

Once your first month is complete, you can cancel at any time in the app or by calling us. Cancellation takes effect at the end of the billing period you have already paid for. You keep access and any remaining credits until then, subject to the weekly expiry in section 7.3. We do not charge a cancellation fee.

We do not refund the part of a billing period that has already been paid for, except where the Australian Consumer Law requires it or where we have agreed otherwise.

7.6 If a payment fails

If a renewal payment fails, we will try again and let you know. If it cannot be collected, we may suspend the credits attached to your membership until payment is made, and may cancel the membership if it remains unpaid.

7.7 Price changes

If we change the price of a membership plan, we will give you at least 30 days' notice by email before the new price applies to you. If you do not want to continue at the new price, you can cancel before it takes effect.

08Casual bookings, packs and payment

You do not need a membership to book with us. Casual sessions are paid at the price shown at the time of booking.

We also sell session packs. A pack is a set number of sessions for a particular service, bought upfront and drawn down as you attend. Packs have an expiry date, shown at the time of purchase, and any sessions left in a pack when it expires are forfeited. We may extend a pack at our discretion, so please call us before yours expires rather than after. Pack sessions have no cash value and cannot be transferred to another person.

Payments in the app are processed by Stripe. Payments in the studio are processed by Square. We do not store your full card details. The payment provider's own terms apply to their handling of your payment.

Our prices include GST.

We may change our prices. A price change does not affect a booking you have already paid for.

09Gift vouchers

Gift vouchers can be used towards any of our services. If the service costs more than the voucher, the difference is payable at the time of the session. If the service costs less, the remaining balance stays on the voucher for next time.

Vouchers are valid for three years from the date of purchase, in line with Australian law. Vouchers are not redeemable for cash. A voucher may be used by whoever holds it.

We do not charge any fee for using a voucher or for holding one.

10Your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Among other things, you are entitled to services supplied with due care and skill, fit for the purpose we describe, and supplied within a reasonable time.

Nothing in these terms excludes, restricts or modifies those guarantees, or any other right you have under the Australian Consumer Law, and nothing in these terms should be read as trying to.

If we fail to meet a consumer guarantee, you may be entitled to a remedy, including a refund or compensation for reasonably foreseeable loss. If you think something has gone wrong, please contact us first so we can put it right.

11Our liability

Subject to section 10, and to the extent the law allows:

• we are not liable for loss you could not reasonably have expected to result from our services, or for loss caused by something outside our reasonable control
• we are not liable for loss caused by your failure to tell us about a health condition, or by your failure to follow our staff's instructions or posted safety directions
• where our liability can lawfully be limited for a service, it is limited to resupplying the service or paying the cost of resupply

We do not limit our liability for death or personal injury caused by our negligence, for fraud, or in any other way the law does not permit.

12Website and app content

We work to keep our information accurate and current, including the research and educational material we publish. We cannot guarantee it is free of errors or always up to date, and it is general information rather than advice for your situation.

We may correct errors in pricing, service descriptions or availability at any time. If a pricing error affects a booking you have already made and paid for, we will contact you and give you the choice of proceeding at the correct price or receiving a full refund.

13Intellectual property

The content of our website and app, including text, images, branding and design, belongs to us or our licensors. You may view and use it for your own personal use. You may not copy, reproduce or republish it commercially without our written permission.

14Feedback

If you send us feedback, ideas or suggestions, we may use them to improve our services without any obligation to you. We will not publish your name or any personal information in connection with your feedback without your permission.

15Privacy

We handle your personal and health information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy explains what we collect, how we use it, how long we keep it, and how to access or correct it.

Read our Privacy Policy.

16Suspending or closing your access

We may suspend or close your account, or decline to provide services, if you breach these terms, if you behave in a way that puts our staff or other clients at risk, or if we are required to by law. Where it is reasonable to do so, we will tell you why.

If we close your account and you have paid for services you have not received, we will refund them.

17Governing law

These terms are governed by the laws of South Australia. You and we submit to the non-exclusive jurisdiction of the courts of South Australia.

18Contact us

If you have a question, a concern, or a complaint, please contact us. We would rather hear from you than have you go away unhappy.

Call (08) 7516 3625, email jasovic@mindovermatterpractice.com.au, or come in and see us at 170b Hindmarsh Road, Victor Harbor SA 5211.

We are open Tuesday to Friday 6am to 5pm, and Saturday and Sunday 9am to 5pm. We are closed Mondays.