Terms & Privacy Agreement
This agreement is necessary to protect you, us and the public peace. This is a binding agreement.
By utilising a service(s) from EXPANDING AWARENESS you acknowledge and certify that you have fully read, understood and agree to be bound by the TERMS, PRIVACY POLICY and DISPUTE RESOLUTION protocols set out in this Private Agreement, hereinafter referred to as “Agreement,” without objection.
1. TERMS
EXPANDING AWARENESS (the “Association”) is a private association. In consideration of the mutual promises and covenants herein, the person (the “Client”) utilising the services of the Association hereby represents, warrants, affirms and agrees as follows:
1.1 AGE OF MAJORITY, CAPACITY TO CONTRACT
You are of the age of majority and discretion, of sound mind, of sufficient intellect and reasoning to understand both the terms of the Agreement and their significance, and have full legal capacity to enter into a binding contract and to assume the rights and obligations set out in this Agreement.
1.1.1 MINOR CLIENT
As the legal guardian of a minor utilising the services of the Association, you act within the constraints of 1.1 and assume full responsibility for and on behalf of the minor to enter into a binding contract and to assume the rights and obligations set out in this Agreement.
1.2 INDEMNITY
Each party agrees to defend, indemnify, and hold harmless the other Party and its officers, trustees, representatives, agents, affiliates, and employees from any and all third party (including government agencies not a party to this Privacy Agreement) claims, demands, liabilities, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement. Client and the Association participate knowingly, willingly and intentionally of their own free will, act and deed and hold each other harmless except for material breach or intentional wrong.
1.3 DISCLAIMER
It is Client’s exclusive and non-delegable responsibility to thoughtfully review and consider the terms of this Agreement and any services offered or contemplated under the terms of this Agreement, before making any decisions as to request for services, including whether to seek advice before making such decisions. Client agrees to hold the Association harmless from any claims or damages arising out of any such decisions exercised by Client.
2. PRIVACY AGREEMENT
It is clearly understood and agreed that the Client relationship with the Association is solely between private persons, meaning individuals who are not the incumbent of an office and thereby public. Accordingly, the Association, and Client agree not to distribute, forward, disseminate, post, publish, broadcast, redistribute, sell, share or otherwise disclose private matters in any manner not authorised by express written consent between the parties.
2.1 PRIVATE INFORMATION
The term “Private Information” means any information or material which is provided to or by the Association resulting from the Client relationship, and which is not generally known other than by Client or the Association, and which may be obtained through any direct or indirect contact with the Association including but not limited to emails, phone conversations, conference calls, downloads, written notes, processes, procedures, protocols, or financial transactions that is not public knowledge or publicly published. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.
2.2 PROTECTION OF CONFIDENTIAL INFORMATION
Client and the Association agree as follows:
2.2.1 NO DISCLOSURE
The Association and Client will hold the Private Information in confidence and will not disclose the Private Information to any person or entity, be they natural or artificial, public or private, on or by any medium without the prior written consent by both Client and The Association.
As the legal guardian of a minor utilising the services of the Association, you act within the constraints of 1.1 and assume full responsibility for and on behalf of the minor to enter into a binding contract and to assume the rights and obligations set out in this Agreement.
2.2.2 STORAGE
Both parties agree to protect and store all private material and information in a manner that keeps it safe from unauthorised access or disclosure.
2.3 GENERAL PROVISIONS
This Privacy Agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Privacy Agreement shall be construed exclusively under the law of equity and the common law of Australia without Australia. The confidentiality provisions of this Privacy Agreement shall remain in full force and effect at all times in accordance with the terms of this Privacy Agreement. If any provision of this Privacy Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Privacy Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Privacy Agreement.
3. DISPUTE RESOLUTION
If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by Peacemaker Equity under the Peacemaker Equity Rules before resorting to arbitration.