In these Terms, Content means all information, graphics, HTML, text, software and materials on the Site. In these Terms, a reference to use of the Website also means use of the Content. If You do not agree to these Terms, then You may not use the Website. We may periodically update these Terms and Your use of the Website after such changes means that You accept those changes. Please review the Terms periodically or each time You use the Website.
The following terms apply to these Terms:
Confidential Information means all trade secrets, ideas, know how, concepts and information whether in writing or otherwise relating in any way to Us or to You, Our sub-licensees, agents and employees, Your or Our affairs or businesses, sales, marketing or promotional information, these Terms including any such information in Our or Your power, possession or control concerning or belonging to any third party but does not include information that:
(a) s, or becomes part of, the public domain otherwise than by breach of these Terms by You or Us;
(b) is lawfully obtained by either party from another person without any restriction as to use and disclosure; or
(c) was in the receiving party's possession prior to disclosure to it by You or Us.
Our Intellectual Property Rights means copyright, and all rights in relation to inventions, registered and unregistered trade marks (including service marks), registered and unregistered designs, circuit layouts, and any other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields under the laws of any jurisdiction throughout the world and includes data and usage statistics that We collect from Users of the Website but excludes Your Confidential Information.
Supported Device means a computer or mobile device that meets the specifications described on the Website.
User means a single person identified by a unique email address and such address may not be shared with other people.
3. PERMITTED USE AND CONTENT.
You are granted a non-exclusive, non-transferable and revocable limited license to access and make use of the Website and its contents provided You are:
(a) capable of forming binding contracts;
(b) not breaking any laws by access or using the Website (including any laws in Your own jurisdiction) and use the Website for lawful purposes only. You are permitted to use the information on the Website for Your business. However, You may not use the Website or its content for a commercial purpose (such as by reproducing or selling Our content), or in a way which tampers with the Website, affects its security, imposes an unreasonably burden on Our infrastructure, or makes use of any bot or automated program or script.
All content on the Website is for informational purposes only, and is to be used or relied on at Your own risk. We make no warranty or representations as to the accuracy of the Content. You agree and acknowledge that there may be technical or administrative errors in the Content. We reserve the right to correct any errors in the Content and on the Website without any notice to You.
4. CONFIDENTIAL INFORMATION.
We and You agree not to disclose, duplicate or otherwise reproduce, directly or indirectly, each other’s Confidential Information in whole or in part. We and You further agree to use each other’s Confidential Information solely for the purposes of exercising each other’s rights stated under these Terms or other rights that are clearly contemplated by these Terms.
While Awakened Mind strives to provide correct information, all information and recommendations related to any third party products or services or any other articles or editorial content published on the Website, in Our newsletters or any further information provided to You by Our representatives, is comprised solely of the opinions of Awakened Mind, which may be inaccurate, incomplete or no longer current. The Awakened Mind products We provide information about on the Website may not be the right choice for You given Your individual circumstances. The Content provided on the Website does not constitute any advice as to the suitability of any product or service for Your particular requirements. It is up to You to independently investigate any products or options presented (including their functionality and specifications), to verify any information presented from other sources and consider Your own individual needs before choosing to license any product or solution, or acting on any recommendation or information published on the Website.
To the extent permitted by law, Awakened Mind gives no warranty that You will have continuous access to the Website or that the Website will be error free, secure, or free from viruses or harmful components and excludes any such warranties. Your use of the Website is at Your own risk.
6. TRADE MARK.
The trade marks, names, logos and service marks (Trade Marks) displayed on the Website are registered and unregistered Trade Marks of Awakened Mind. Nothing contained on the Website gives You a license or right to use any Trade Mark without the prior written permission of Awakened Mind.
7. EXTERNAL LINKS.
8. PUBLIC FORUMS AND USER SUBMISSION.
Awakened Mind is not responsible for any material submitted to the public areas by You (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the Website. Any material (whether submitted by You or any other user) is not endorsed, reviewed or approved by Awakened Mind. Awakened Mind reserves the right to remove any material submitted or posted by You in the public areas, without notice to You, if it becomes aware and determines, in its sole and absolute discretion that You are or there is the likelihood that You may, including but not limited to:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
(b) publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
(c) post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Awakened Mind's or a third party's computer system or network;
(d) violate any copyright, trade mark, other applicable Australia or International laws or intellectual property rights of Awakened Mind or any other third party; and
(e) submit contents containing marketing or promotional material which is intended to solicit business.
9. SPECIFIC USE.
You further agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and You hereby indemnify Awakened Mind against any loss, liability, damage or expense of whatever nature which Awakened Mind or any third party may suffer which is caused by or attributable to, whether directly or indirectly, Your use of the Website to send or post any such message or material or Your use of the Website in breach of these Terms.
Awakened Mind makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website, the information contained on the Website, Your or Your company's personal information or material and information transmitted over Our system.
11. DISCLAIMER OF LIABILITY.
Awakened Mind will not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential and including damages for loss of profit or revenue, los of anticipated savings, loss of chance, loss of opportunity, loss of goodwill, loss of customers, loss of data and loss of reputation), personal injury or expense of any nature whatsoever which may be suffered by You or any third party (including Your company), as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any information contained on the Website, Your or Your company's personal information or material and information transmitted over Our system. in particular, neither Awakened Mind nor any third party or data or content provider will be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
12. USE OF THE WEBSITE.
Awakened Mind does not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction (other than Australia or the USA). By accessing the Website, You warrant and represent to Awakened Mind that You are legally entitled to do so and to make use of information made available via the Website.
13. MANDATORY MEDIATION AND DISPUTE RESOLUTION.
If a dispute arises regarding these Terms or any non-contractual obligations arising out or of in connection with these Terms (Dispute), a party must notify the other party in writing of the Dispute (Dispute Notice). Within 14 days of receipt of a Dispute Notice, the parties must meet in good faith and use their best endeavours to resolve the Dispute. If the Dispute cannot be resolved through good faith discussions, then the parties must refer the Dispute to mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation. The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC (the Guidelines) and the Guidelines are incorporated by reference into these Terms.
14. OTHER TERMS.
We may choose not to strictly enforce these Terms, however this will not preclude us from insisting upon strict compliance with these Terms on other occasions.
Where any part of these Terms is illegal, void or unenforceable for any reason, that part will be first read down so as to cure the problem and if this is not possible, then the offending part will be severed from these Terms without affecting the remainder of these Terms.
Where in these Terms the words ‘such as’ or ‘include’ are used, those words are not intended to be used as words of limitation.
When construing any parts of these Terms, the meaning of any terms will not be construed in a limited fashion by reference to any paragraph or section headings.
These Terms and Your use of the Website are governed by the law applying in New South Wales. The courts having jurisdiction in New South Wales have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or Your use of the Website (including a dispute relating to any non-contractual obligations arising out of or in connection with these Terms or the Website) and each party irrevocably submits to the non-exclusive jurisdiction of the courts having jurisdiction in New South Wales.