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Calm Mind Co THRIVE Terms and Conditions

Defined terms and interpretation:

In this Agreement:
‘Agreement’ means this Supply Agreement and (where applicable) all Annexures.

‘Customer’ means the party identified in the Schedule and includes its successors and permitted assigns, its licensees, servants, agents and invitees (whether by expressed or implied consent).

‘Data’ means the personal information such as any contact details, including but not limited to, telephone numbers, names, and home addresses, of Persons.

‘Force Majeure Event’ means any cause unforeseen and arising without fault or negligence on the part of the party affected or otherwise beyond the reasonable control of the party affected, including but not limited to acts of God, civil disorder, war, riots, industrial disturbance, national emergency, material shortages, damage to plant, equipment and or facilities, acts or omissions of public authorities including local, state or federal governments.

‘Insolvency Event’ means the happening of any one or more of the following events:

  1. (1)  an application for winding up or other process seeking orders which, if granted, would render the person an externally-administered body corporate being filed and not being withdrawn within twenty (20) Business Days;

  2. (2)  the person being or becoming the subject or an order, or a resolution being passed, for the person's winding up or dissolution; or

  3. (3)  the person entering into, or resolving to enter into, a deed of company arrangement, or an arrangement, composition or compromise with, or assignment for the benefit, of its creditors generally or any class of creditors, or proceedings being commenced to sanction such a deed of company arrangement, or arrangement, composition or compromise, other than for the purposes of a bona fide scheme of solvent reconstruction or amalgamation.

‘Members’ means any individual that has joined the Lifestyle by Wyndham program.

‘Personal Information’ has the same meaning as in the Privacy Act 1988 (Cth).

‘Products or Services’ mean those products or services in Item 1 of the Schedule. The Products or Services may be updated from time to time and when this occurs it requires the Supplier to provide the Customer a new Products or Services list to replace any previous Product or Services lists.

‘Supplier Web Site’ means https://calmmindco.com/ ‘Term’ means the period in Item 2 of the Schedule.

The Supplier offers access to its online coaching program known as “THRIVE” (herein after referred to as “the Program” or “the Product” or “the Service”) to the Members of Customer on the terms and conditions below.

Terms and Conditions:

  1. This offer is unique to the Customer and is non-transferrable.

  2. The Supplier agrees to offer access to the Program to Members of the Customer on the terms herein.

  3. The Program is the accessible content currently located at

    https://amh.mykajabi.com/thrive-wyndham 

  4. A reference to Members means the Members of the Customer and its directors, from

    time to time.

  5. Access to the Program – once the Members of the Customer inputs all required information into the Kajabi program, they will be provided with log on details including a user name and password for as long as they pay the fees set out in these terms and conditions.

  6. A Member cannot have access to the Program unless they are at least 18 years old and have legal capacity to enter into a contract.

  7. If a Member fails to adhere to the Community Guidelines or fails to pay the fees set out herein then the Supplier may, in its sole discretion, suspend or permanently remove a Member’s access to the Program.

  8. Access begins on and from the first day that the Supplier sends log on details to the Member.

  9. The discounted price offered to Members of the Customer are:

    1. For Members who agree to and enter into an agreement to access the Program within 30 days of the execution of this contract, the Supplier offers a 60% discount of the usual price being $249 and the Member must pay $100 to the Supplier by direct debit and then the Supplier will give them access to the Program for 365 days beginning on the day the Member is sent log on details;

    2. For Members who agree to and enter into an agreement to access the Program within 60 days of the execution of this contract, the Supplier offers a 40% discount of the usual price being $249 and the Member must pay $150 to the Supplier by direct debit and then the Supplier will give them access to the Program for 365 days beginning on the day the Member is sent log on details; and

    3. For Members who agree to, and enter into an agreement to, access the Program after 60 days of the execution of this contract, the Supplier offers a 30% discount of the usual price being $249 and the Member must pay $175 to the Supplier by direct debit and then the Supplier will give them access to the Program for 365 days beginning on the day the Member is sent log on details.

Supply Agreement 9

10. After 365 days from the Supplier and Customer executing this contract, the Customer and Supplier acknowledge that the Members:

  1. who agree to, and enter into a contract to Access the Program within 365 of the Supplier and Customer executing this contract, must pay a price nominated by the Customer in its sole discretion if they want access to the Program after their initial period of Access for 365 days expires.

  2. who did not agree to nor enter into a contract to Access the Program within pay a price nominated by the Customer in its sole discretion if they want access to the Program 365 days of the Supplier and Customer executing this contract, must pay.

  1. After a Member has had access to the Program for 365 days then the Supplier is no longer bound by the offer in clause 9 herein and the price for access to the Program will be the same price paid by any other person not privy or benefiting under this contract, set by the Supplier from time to time.

  2. This offer is discounted below the Supplier’s usual price and must be kept confidential. Only the Supplier and the Customer, its directors, shareholders and senior management may know of or read this contract, offer and terms and conditions unless the Supplier consents in writing to someone else knowing of, reading or obtaining a copy of this contract, offer and/or its terms and conditions.

  3. The Customer may tell its Members the price for access as set out in paragraph 9 herein but must ensure that these prices are kept confidential at all times including obtaining an agreement from the Member that they will also keep confidential the price they paid for access to the Program.

  4. The directors, senior management and shareholders must not disclose any or all of this document to anyone else, including Members of the Customer.

  5. If the Supplier discovers that someone who is not the above listed parties comes across this offer, these terms and conditions and/or the above contract then the Supplier will hold the Customer liable in damages for the amount of money it would have received had that someone else not known of or come across this contract, this offer and/or its terms and conditions. The Supplier discovering that someone who is not the above listed parties is conclusive proof of the Customer breaching the above two clauses.

  6. The Supplier supplies the Program on an as is where is basis and the Customer accepts it on that basis.

  7. The Supplier and retains the right to make any additions, subtractions, amendments or alterations thereto for the purpose of updating or improving the Program. Whether an alteration, amendment, subtractions or additions is for the purpose updating or improving the Program is within the sole and absolute discretion of the Supplier.

  8. The Customer and its Members must not share, communicate or otherwise distribute or disseminate the form, contents or essence of the Program to anyone without the prior written consent of the Supplier.

  9. If the Customer or its Members breaches clauses 12, 13, 14, 15 or 18 herein then the Supplier may pursue the Customer for an account of profits, damages or other remedy as a result of their breach or their Members breach of clauses 12 and 13 herein. This clause overrides the indemnity provided in clause 11 of the above contract.

  10. The Customer acknowledges and agrees that no results are guaranteed whatsoever and agrees that it will advise its Members who access the Program of the same.

Annexure B: Product List 10

21. Members may terminate their access to the Program and the Customer may terminate this contract upon giving written notice to the Supplier but no refund will be given because the Member has had the entire benefit of the Program from the first day of the Member having access to the Program. The Customer must be given the notice set out in clause 6.4 of the contract.

Community Guidelines

  1. The Customer will obtain agreement from Members that they will abide by the Community Guidelines as set out below or amended from time to time by the Supplier.

  2. Members must provide truthful, accurate personal details about themselves.

  3. Members can only use the Program for positive and supportive purposes and will not post or comment negatively or in terms that could or might be offensive to other users of the Program, either on the Program itself or otherwise (including in any WhatsApp or Facebook group).

  4. Members will not use the Program or any WhatsApp or Facebook group used because or, in connection, related to or about the Program:

    1. for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;

    2. to incite others to conduct some or all of the activities described in the above sub-paragraph;

    3. to interfere with another Member’s lawful and reasonable use of the Program and/or any WhatsApp or Facebook group used because or, in connection, related to or about the Program; and

    4. to attempt to directly or indirectly allow or facilitate a third party to enter the Program through their registration/log on details.

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12 Months Access

This purchase gives you access to the THRIVE program and it's resources, forum and coaching calls for 12 months. 

All purchases and payments are final.