Please take time to read these terms and conditions governing services provided by The Banyans Health and Wellness and The Banyans Health Plus.
1.1 Definitions
In these Terms and Conditions:
(1) “Aftercare Program” means any program offered by The Banyans which The Banyans classifies as an aftercare program;
(2) “Aftercare Session” means with respect to an Aftercare Program, a particular session of that Aftercare Program;
(3) “Approved Delivery Method” means service or delivery:
(a) by hand to the Delivery Address of the addressee set out in these Terms and Conditions or subsequently notified;
(b) by prepaid Express Post or delivery to the Postal/Delivery Address of the addressee set out in these Terms and Conditions or subsequently notified;
(c) by email as a multiple paged attachment in a Specified Attachment Format to the Email Address of the addressee set out in these Terms and Conditions or subsequently notified;
(4) “Associated Entity” has the meaning given to it in Section 50AAA of the Corporations Act 2001 (Cth);
(5) “The Banyans” means Summit Consortium Pty Ltd trading as The Banyans Health and Wellness and other Business and Trading names, which is a part of the Sana Health Group;
(6) “Business Day” means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made;
(7) “Check In” means the Client attending the Banyans’ facility for the commencement of their Residential Program;
(8) “Check In Date” means the date on which a Residential Program is due to commence as nominated in writing by The Banyans;
(9) “Check Out Date” means the date on which a Residential Program is due to cease as nominated in writing by The Banyans
(10) “Client” means a person utilising any service provided by The Banyans;
(11) “Daily Fees” means any Service Fees which are not Fixed Fees;
(12) “Day” means calendar day;
(13) “Day Program” means any program offered by The Banyans which The Banyans classifies as a day program;
(14) “Deposit” means the amount payable pursuant to Clause 3 of these Terms and Conditions;
(15) “Fee” includes Service Fees, Amended Service Fees and any other fees or expenses incurred or payable to The Banyans;
(16) “Fixed Fee” means any fee which The Banyans classifies as a fixed fee including but not limited fees associated with the following:
(a) Clinical Assessment;
(b) Preparatory Case Management Meetings;
(c) Practitioner Liaison and appointments;
(d) Medical Intake;
(e) Intake and admission;
(f) Ground transfers;
(g) Post-program support program;
(h) Discharge Cleaning;
(i) Discharge administration; and
(j) Nutrition tests.
(17) “Month” means any one of the 12 named periods into which a Year is divided;
(18) “Online Program” means any program offered by The Banyans which The Banyans classifies as an online program;
(19) “Residential Program” means any program offered by The Banyans which The Banyans classifies as a residential program;
(20) “Quote” means the quotation for the Services to be provided together with these Terms and Conditions;
(21) “Quoted Service Fees” means a written description of an estimate of the Service Fees for the Services to be provided as contained in the Quote;
(22) “Sana Health Group” means the members of Sana Health Group including General Mental Health Holdings Pty Ltd ACN 648 822 548 trading as Sana Health Group and its wholly owned subsidiaries Summit Consortium Pty Ltd ACN 608 558 201 trading as The Banyans Health and Wellness and other business and trading names, Palladium Healthcare Pty Ltd ACN 663 328 952 trading as Palladium Private; and Byron Private Pty Ltd ACN 601 123 693 trading as Byron Private and other business and trading names and its related and associated members;
(23) “Service” means any service to be provided by The Banyans including Day Programs, Residential Programs, Online Programs and Aftercare Programs;
(24) “Service Fee” means the Quoted Service Fees once accepted by the Client and, if applicable, the Third Party Payer;
(25) “Session” means:
(a) with respect to a Day Program, a particular session of that Day Program; and
(b) with respect to an Online Program, a particular session of that Online Program;
(26) “Specified Attachment Format” means digital media multiple page document imaging in PDF or JPG/JPEG format.
(27) “Third Party Payer” means the person who pays or agrees to pay the Service Fees or any Fees or amounts payable pursuant to these Terms and Conditions on behalf of the Client and is notified to The Banyans in writing; and
(28) “Terms and Conditions” means this document, including any Schedule or Annexure to it together with the Quote.
1.2 Interpretation
Reference to:
(1) one gender includes the others;
(2) the singular includes the plural and the plural includes the singular;
(3) a person includes a body corporate;
(4) a party includes the party’s executors, administrators, successors and permitted assigns;
(5) a statute, regulation or provision of a statute or regulation (“Statutory Provision”) includes:
(a) that Statutory Provision as amended or re-enacted from time to time; and
(b) a statute, regulation or provision enacted in replacement of that Statutory Provision; and
(6) money is to Australian dollars, unless otherwise stated.
(7) “Including” and similar expressions are not words of limitation.
(8) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(9) Headings are for convenience only and do not form part of these Terms and Conditions or affect its interpretation.
(10) A provision of these Terms and Conditions must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms and Conditions or the inclusion of the provision in these Terms and Conditions.
(11) If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.
1.3 Parties
(1) If a party consists of more than 1 person, these Terms and Conditions bind each of them separately and any 2 or more of them jointly.
(2) An obligation, representation or warranty in favour of more than 1 person is for the benefit of them separately and jointly.
(3) A party which is a trustee is bound both personally and in its capacity as a trustee.
2.1 Quoted Service Fees do not include the cost of personal items, personal recreational activities, hospital fees, transfer costs or any other matter or thing not listed as included on the Quote.
2.2 By accepting the Quote you acknowledge and agree to these Terms and Conditions and to make payments pursuant to these Terms and Conditions.
2.3 Upon acceptance of the Quote by the Client and if applicable, the Third Party Payer, the Quote together with these Terms and Conditions form a legally binding contract enforceable against the Client and the Third Party Payer.
2.4 Upon acceptance of the Quote by the Client and, if applicable, the Third Party Payer, the Quoted Service Fees become the Service Fees for the purpose of these Terms and Conditions.
2.5 If a person makes a reservation for any Service on behalf of a Client they will be deemed to have accepted these Terms and Conditions on behalf of the Client.
2.6 The Client acknowledges and agrees that these Terms and Conditions do not constitute a lease or sublease and that nothing in these Terms and Conditions confer on the Client an interest in The Banyans’ land or any type of leasehold estate whatsoever.
3.1 If the Service Fees are $20,000 or less, a non-refundable Deposit equal to the Service Fees must be paid to The Banyans upon acceptance of the Quote by the Client and, if applicable, the Third Party Payer.
3.2 If the Service Fees exceed $20,000, a non-refundable Deposit equal to the greater of:
(1) 20% of the Service Fees; or
(2) $20,000
must be paid to The Banyans upon acceptance of the Quote by the Client and, if applicable, the Third Party Payer.
3.3 If the Services are cancelled or amended for any reason after the Deposit has been paid, the Deposit will not be refunded and it will be retained by The Banyans.
4.1 The Client’s reservation for the Services will not be complete until:
(1) the Quote is accepted by the Client;
(2) the Deposit is paid in accordance with clause 3 and is received by The Banyans; and
(3) the Credit Card Authorisation contained in Schedule 1 is duly completed and returned to The Banyans.
4.2 The Clients’ reservation for the Services is not confirmed until The Banyans provides the Client with a reservation confirmation in writing.
5.1 The Service Fees, including any balance owing after payment of the Deposit must be paid to The Banyans:
(1) For a Residential Program:
(a) at least 10 Days before the Check In Date for reservations made more than 10 Days prior to the Check In Date;
(b) otherwise, within 24 hours of execution of these Terms and Conditions, and in any event, at least 24 hours before the Check In Date; and
(2) For Day Programs, at least 24 hours before the first Session.
5.2 If the Service Fees are not paid to The Banyans in accordance with these Terms and Conditions, the non-payment by the Client will be deemed to be a cancellation by the Client of the Services and the relevant clauses of these Terms and Conditions regarding cancellation apply.
5.3 The Client/Third Party Payer agrees to pay any Fees incurred in connection with the Services provided by The Banyans within the timeframe specified in writing by The Banyans.
6.1 The Client/Third Party Payer acknowledge that it may be appropriate for the Services to be amended by The Banyans after the Quote has been accepted.
6.2 If the amendment to the Services by The Banyans will result in additional Service Fees, the Client will be informed of the additional Service Fees (“Amended Service Fees”).
6.3 Upon acceptance of the Amended Service Fees by the Client and, if applicable, the Third Party Payer, they each agree to pay The Banyans the Amended Service Fees within the time specified in writing by The Banyans and otherwise pursuant to these Terms and Conditions.
6.4 The Banyans reserves the right not to provide any additional Services until the Amended Service Fees have been paid to The Banyans.
7.1 The Client or Third Party Payer must complete Schedule 1 of these Terms and Conditions by providing details of an approved Credit Card.
7.2 The Credit Card provided may be charged for any outstanding Fees payable to The Banyans in accordance with these Terms and Conditions.
7.3 Payments made by way of Credit Card, PayPal or other payment facility may incur a surcharge. Any surcharge paid will not be refunded by The Banyans under any circumstances.
7.4 By completing Schedule 1, the Credit Card Holder unconditionally and irrevocably authorises any payment from that Credit Card for Service Fees or any other Fees to The Banyans pursuant to these Terms and Conditions.
8.1 Upon Check In, the Client must produce to The Banyans their Drivers Licence (or equivalent photo identification) at which time a copy of the identification will be made and placed on The Client’s file.
9.1 All requests by or on behalf of the Client to amend or suspend a Residential Program reservation must be made in writing and accompanied by payment of the administration fee pursuant to clause 9.2. All such requests are subject to availability and will be determined in the sole discretion of The Banyans.
9.2 An administration fee of $750.00 must be paid to The Banyans for The Banyans to consider any request to amend or suspend a Residential Program reservation which is made within 5 Business Days prior to the Check-In Date. Payment of this administration fee does not guarantee The Banyans’ agreement to amend or suspend a Residential Program reservation.
9.3 Notwithstanding the above, any request by or on behalf of the Client to amend or suspend a Residential Program reservation made within 5 Business Days prior to the Check-In Date may not be considered by The Banyans.
9.4 If a Client’s request to amend or suspend a Residential Program reservation results in an increase in the Service Fee or any other Fees payable, the additional Fees must be paid to The Banyans within the timeframe specified in writing by The Banyans and otherwise in accordance with these Terms and Conditions.
10.1 If a Residential Program reservation is cancelled by the Client less than 3 Business Days prior to the Check-In Date or a Client fails to attend a Residential Program on the Check-In Date The Banyans will charge a cancellation fee equal to:
(1) 100% of the Fixed Fees incurred; plus
(2) 100% of the Residential Program Daily Fees up to a maximum of 35 Days to be calculated on a pro rata basis.
10.2 If a Residential Program is cancelled by the Client less than 4 Business Days prior to the Check-In Date The Banyans will charge a cancellation fee equal to:
(1) 100% of the Fixed Fees incurred; plus
(2) 75% of the Residential Program Daily Fees up to a maximum of 35 Days to be calculated on a pro rata basis.
10.3 If a Residential Program is cancelled by the Client less than 5 Business Days prior to the Check-In Date The Banyans will charge a cancellation fee equal to:
(1) 100% of the Fixed Fees incurred; plus
(2) 50% of the Residential Program Daily Fees up to a maximum of 35 Days to be calculated on a pro rata basis.
10.4 If a client commences a Residential Program but cancels the Residential Program or ceases attending the Residential Program for any reason after commencement, The Banyans will charge a cancellation fee equal to:
(1) 100% of the Fixed Fees incurred; plus
(2) the Daily Fees for the number of Days of the Program attended; plus
(3) the Daily Fees for the remaining number of Days which were not attended in their Residential Program, up to a maximum of 35 Days of that Residential Program, to be calculated on a pro rata basis.
10.5 Any fees charged for cancellation may be applied as a contribution towards an alternative or future Service within 6 Months of the cancellation.
11.1 All requests by or on behalf of the Client to amend or suspend any Session are subject to availability and will be determined at the sole discretion of The Banyans.
11.2 If a Session is amended or suspended less than 3 Business Days prior to the date of that Session, The Banyans will charge a cancellation fee equal to 100% of the Service Fee for that Session.
11.3 Notwithstanding the above, any request by or on behalf of the Client to amend or suspend a Session made less than 3 Business Days prior to the Date of the Session may not be considered by The Banyans.
11.4 If a request by or on behalf of the Client to amend or suspend a Day Program or Online Program including any Session results in an increase in the Service Fee or other fees payable the additional Fees must be paid to The Banyans within the timeframe specified in writing by The Banyans and otherwise in accordance with these Terms and Conditions.
12.1 If a Session is cancelled by or on behalf of the Client within 3 Business Days prior to the Date of the Session or a Client fails to attend a Session:
(1) The Banyans will charge a cancellation fee equal to 100% of the Service Fee for the Session; and
(2) that Session will not be rescheduled and is forfeited.
12.2 If a Client fails to attend 3 Sessions of a particular Day Program or Online Program (whichever is applicable), The Banyans may in its absolute discretion cancel that Day Program or Online Program in its entirety and charge a cancellation fee equal to:
(1) 100% of the Fixed Fees incurred; plus
(2) 100% of the Daily Fees for that Day Program or Online Program (whichever is applicable) up to a maximum of Sessions scheduled by The Banyans to occur within 35 Days following the cancellation.
12.3 Any portion of fees charged for cancellation may be treated as a contribution towards an alternative or future Service within 6 Months of the cancellation.
13.1 The Client and the Third Party Payer acknowledge and agree that all Fees payable pursuant to clauses 9 to 12 of these Terms and Conditions which have not been paid to The Banyans will be charged to the credit card provided pursuant to clause 7 of these Terms and Conditions at the discretion of The Banyans including in circumstances where the Client does not complete any portion of a Service for any reason.
13.2 Any merchant surcharge applied to credit cards at the time of booking will not be refunded under any circumstances.
14.1 Where any Service Fee or other Fees payable pursuant to these Terms and Conditions are to be paid using funds from the Superannuation Fund of the client or of a person on whom the client is dependant a holding bond equivalent to between 20% and 100% of all Service Fees and other Fees payable to The Banyans must be paid to The Banyans (“Holding Bond”) prior to commencement of the Service in order to secure the Service.
14.2 Where a Holding Bond has been paid to The Banyans and The Banyans receives payment for the Service Fees or other Fees payable pursuant to these Terms and Conditions, a portion of the Holding Bond equal to that additional amount paid will be released to the payer of the Holding Bond. The Third Party Payer and the Client irrevocably authorise The Banyans to make any payment from the Holding Bond pursuant to this clause.
14.3 The Third Party Payer and the Client irrevocably authorise The Banyans to pay the Service Fees and any other Fees owing to The Banyans pursuant to these Terms and Conditions from the Holding Bond if sufficient funds to cover such Fees are not otherwise paid to The Banyans at the time the Service Fees or other Fees become due and payable pursuant to these Terms and Conditions.
15.1 The Banyans may amend, suspend or cancel any Service at any time where:
(1) The Client or the Third Party Payer breach these Terms and Conditions;
(2) The Client engages in violent, dangerous or disruptive behaviour during their program with The Banyans;
(3) The Client engages in illegal behaviour during their program with The Banyans; or
(4) The Client breaches The Banyans Code of Conduct during their program with The Banyans.
15.2 If The Banyans cancels any Service pursuant to this clause 15, The Banyans will charge a cancellation fee equal to:
(1) 100% of the Fixed Fees incurred; plus
(2) the Daily Fees for the number of Days of the program attended; plus
(3) for a Residential Program, the Daily Fees for the remaining number of Days which were not attended in their Residential Program, up to a maximum of 35 Days of that Residential Program to be calculated on a pro rata basis; or
(4) for a Day Program, Online Program or Aftercare Program, Daily Fees for that Day Program or Aftercare Program up to a maximum of Sessions/Aftercare Sessions (whichever is applicable) scheduled by The Banyans to occur within 35 Days following the cancellation.
16.1 The Check In Time is the Check In Time specified in writing in the reservation confirmation.
16.2 The Client must Check In with The Banyans at the Check In Time on the Check In Date.
16.3 The Client authorises and agrees to The Banyans staff searching the Client’s belongings upon Check In.
16.4 The Check Out Time is the Check Out Time specified in writing in the reservation confirmation.
16.5 Upon Check Out, the Client must return to The Banyans any and all keys provided by The Banyans. If the Client does not return a key to The Banyans upon Check Out, the Client must pay The Banyans a Fee to replace the key and any locks associated with the key.
16.6 The Client must Check Out at the Check Out Time on the Check Out Day. Failure to check out by the Check Out Time on the Check Out Day may result in additional Fees being charged to The Client. The Client agrees to pay these fees.
17.1 Any advertisement of The Banyans’ accommodation or facilities may not apply to all accommodation or facilities.
17.2 Whilst care is taken to ensure that the description of The Banyans’ accommodation, facilities and Services is accurate, these are continually being changed, upgraded, and on occasion, taken out of service.
17.3 To the full extent permitted by law, The Banyans is not liable for omissions, errors or changes to its accommodation, facilities and Services, whether temporary or permanent and whether before or after execution of these Terms and Conditions.
18.1 Any indication at any time that a particular psychiatrist, psychologist or other practitioner will be The Client’s treating practitioner is for convenience only and is not a representation that a particular practitioner will treat The Client. The Banyans retains the right to allocate any psychiatrist, psychologist or practitioner to treat the Client at any time during the Service.
19.1 The Banyans is not liable for a third party’s failure to provide any product or service, including in circumstances where The Banyans has indicated the product or service of the Third Party is included in the Service.
19.2 The Banyans does not warrant the accuracy of any advice or information provided by or statement or representation made by third parties and is not liable for any act or omission, default or negligence of any third party.
20.1 All prescription medication and supplements required by the Client during a Residential Program must be supplied to The Banyans by the Client.
20.2 Upon Check-In, The Banyans staff will collect and retain all medication, supplements and any other substances The Banyans deems necessary to collect which are in The Client’s possession.
20.3 All medication and supplements collected by The Banyans staff will be stored securely and provided to the Client for self-administration in accordance with medical advice only.
20.4 The Banyans will not allow access to any medication, supplement or substance for administration in contravention of medical advice.
20.5 The Client represents and warrants to The Banyans that all of the Client’s medication, supplements and substances provided to or collected by The Banyans is:
(1) if prescription medication, prescribed to the Client (and marked accordingly);
(2) within its used by date;
(3) suitable for use by the Client in accordance with medical advice; and
(4) legal in the state of Queensland.
20.6 Any medication or supplements collected by The Banyans which are no longer required by The Client will be disposed of unless specifically requested by The Client to be returned.
20.7 Any medication, supplement or substance collected by The Banyans will only be returned to the Client upon Check Out at the sole discretion of The Banyans.
21.1 Upon Check In, The Banyans staff will search the belongings of The Client and will collect and retain any object The Banyans’ staff deem at their sole discretion to be offensive, inappropriate, illegal or dangerous.
21.2 Any item collected by The Banyans staff which is not illegal will be returned to The Client upon Check Out if The Banyans’ staff determine at The Banyans’ sole discretion that it is appropriate to do so.
21.3 If The Banyans determines that it is not appropriate to return any collected item to The Client, The Banyans will return the item (if it is not illegal) to The Client’s nominated next of kin.
22.1 There may be circumstances where The Banyans staff believe it is necessary for The Client to be admitted to hospital for The Client’s safety.
22.2 Any Fees or expenses incurred in connection with The Client attending or being admitted to hospital, or in connection with any attempt to admit the Client to hospital, must be paid by The Client.
23.1 If The Banyans agrees to provide the Client with an Aftercare Program, the Aftercare Program will commence on the date specified in writing by The Banyans.
23.2 If a Client fails to contact The Banyans within 3 Months following the commencement of the Aftercare Program, The Banyans may in its absolute discretion cancel that Aftercare Program in its entirety and charge a cancellation fee equal to:
(1) 100% of the Fixed Fees incurred; plus
(2) 100% of the Daily Fee for that Aftercare Program up to a maximum of Aftercare Sessions scheduled by The Banyans to occur within 35 Days following the cancellation.
23.3 If an Aftercare Session is cancelled within 3 Business Days prior to the Date that Aftercare Session is scheduled or a client fails to attend an Aftercare Session:
(1) The Banyans will charge a cancellation fee equal to 100% of the Daily Fees for the Session; and
(2) that Session will not be rescheduled and is forfeited.
23.4 If a client fails to attend 3 Sessions of a particular Aftercare Program, The Banyans may in its absolute discretion cancel that Aftercare Program in its entirety and charge a cancellation fee equal to:
(1) 100% of the Fixed Fees incurred; plus
(2) 100% of the Daily Fee for that Aftercare Program up to a maximum of Aftercare Sessions scheduled by The Banyans to occur within 35 Days following the cancellation.
24.1 The Banyans is not responsible for any loss or damage to any of the Client’s personal belongings or any items the Client brings with them to The Banyans’ facility.
24.2 To the full extent permitted by law, The client agrees to release and hold harmless The Banyans and its current and former officers, employees and agents against and from all expenses, costs, liabilities, actions, claims and losses of any kind whatsoever (including consequential and economic loss, property loss/damage and damage for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from the Client’s reservation or the Services for any reason whatsoever.
24.3 The Client agrees to indemnify The Banyans and its current and former officers, employees and agents for all expenses, costs, liabilities, actions, claims and losses of any kind whatsoever (including consequential and economic losses, property loss or damage and damage for injury, including personal injury and death) incurred or suffered by The Banyans or its current or former officers, employees or agents arising out of, caused by, attributable to or resulting from the Client’s actions.
24.4 The Client agrees to indemnify The Banyans for any damage caused by The Client to The Banyans’ property.
25.1 The Client agrees to The Banyans using their personal information in accordance with The Banyans’ Privacy Policy and Personal Information Collection Consent. These can be accessed using the links below:
(1) Privacy Policy: https://thebanyans.com.au/privacy-policy/
(2) Personal Information Collection Consent: https://hubs.ly/Q02FxnQ_0
26.1 Other than as permitted under these Terms and Conditions the parties must keep confidential:
(1) all matters, negotiations or discussions whatsoever relating to these Terms and Conditions and the reason or reasons for these Terms and Conditions; and
(2) the terms of these Terms and Conditions,
other than as may be necessary to disclose to their legal or accounting advisors or as they may obliged to disclose by law.
27.1 If any dispute or claim arises in relation to the Services to be provided or provided under this agreement, including any question about performance or termination or the rights, duties and liabilities of any Party to it, (“Dispute”), the Dispute must be resolved in accordance with this clause.
27.2 Before commencing any other legal proceedings or processes, other than a claim for injunctive relief, a Party must first submit the Dispute to mediation.
27.3 A Party wishing to raise a Dispute must give the other Party a written notice of the Dispute promptly (“Dispute Notice”), and in any event within 20 Business Days of the first occurrence of the event, circumstance, act, omission, fact, matter or thing giving rise to the Dispute.
27.4 Service and delivery and service of a Dispute Notice must be by email as a PDF digital media, multiple page document to the Email Address of the addressee, set out in these Terms and Conditions or subsequently notified.
27.5 The Dispute Notice must briefly identify the Dispute and set out the main issues of concern to the Party giving the Dispute Notice; including an assessment of any monetary value of the Dispute; and specifying the outcome or remedy sought by that Party.
27.6 The Parties must endeavour, in good faith, to discuss and resolve the Dispute within 20 Business days of the Dispute Notice being received.
27.7 If the Parties are unable to resolve the Dispute, within the time period referred to in clause 27.6 they must submit the Dispute to mediation to be:
(1) held in Brisbane, Queensland, Australia;
(2) conducted by a Mediator, who is independent of the Parties, appointed by the Chair of the Resolution Institute of Australia (www.resolution.institute) (“RIA”), at the request of any Party, under the RIA Mediation Rules.
27.8 Subject to the RIA Mediation Rules, the Parties must agree a timetable with the Mediator, within which to hold the mediation and seek to resolve the Dispute, which must not to exceed 40 Business Days from the date of appointment of the Mediator.
27.9 The Parties agree that any information, documents or communications, including any information, documents or communications from, to or by any third parties (“Information”) created, exchanged or used in relation to any discussions or mediation under this clause (“Dispute Resolution Process”), and the facts of the Dispute and of the Dispute Resolution Process, must be confidential to the parties, their legal advisers, and any Mediator (as applicable) and must not be disclosed without the prior written agreement of all of the relevant parties unless:
(1) disclosure is required by law; or
(2) disclosure is for the purpose of either Party applying to a court to enforce any settlement agreement or, without waiving any Party’s rights under this clause, to seek any order reasonably required to facilitate the Dispute Resolution Process or to protect the Party’s rights on an interim basis pending the outcome of the Dispute Resolution Process; or
(3) the information, documents, communications and facts are otherwise in the public domain through no breach of these Terms and Conditions.
27.10 Unless otherwise agreed in writing, the Parties to the Dispute must pay costs, fees, charges and other amounts payable to RIA and to the Mediator in equal shares; and otherwise bear their own costs of and incidental to the Dispute Resolution Process.
27.11 The provisions of this clause will survive the performance and Termination of these Terms and Conditions.
28.1 The parties acknowledge and agree that:
(1) the agreement recorded in these Terms and Conditions is effective from the date of execution of these Terms and Conditions;
(2) these Terms and Conditions are intended to be legally binding;
(3) each provision in these Terms and Conditions is severable and independent and does not affect the validity or enforceability of any other provision;
(4) they have freely entered into these Terms and Conditions after having the opportunity to carefully consider its contents and to obtain advice on the matters in these Terms and Conditions; and
(5) these Terms and Conditions terminate and supersede any prior oral or written agreements between the parties and constitutes an entire understanding and agreement between them in respect of its subject matter.
29.1 If anything in these Terms and Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms and Conditions remain in force.
30.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
30.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
30.3 A waiver is not effective unless it is in writing.
30.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
31.1 The law of Queensland governs these Terms and Conditions.
31.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.
31.3 Nothing in these Terms and Conditions affect any rights the Client may have which by law cannot be excluded, including under the Competitions and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation.
