Ezense Online Courses, Products and Services – Terms of Service and User Agreement

Terms of Service and User Agreement. This document contains the terms and conditions by which Ezense agrees to provide its Online Courses and associated online products and services to you. These online products and services contain alternative Lifestyle and Wellbeing information, training, instruction, guidance and advice based on a unique combination of principles including amongst other things, Traditional Chinese Medicine and Philosophy, Modern Western Sports Sciences, Oki Do Yoga, Qigong, Tai Chi, Dietary Energetics, Aromatherapy, Mindfulness and Meditation as provided by qualified and experienced professionals.

If you agree with these terms and conditions, then you must also agree, acknowledge and accept that this Terms of Service and User Agreement creates a legally binding contract between you and Ezense, or otherwise herein referred to as “us”, “we”, “our” or “ours”. You also expressly agree and acknowledge that you do so willingly and knowingly, and that any failure on your part to abide by any and all terms, conditions, clauses and/or provisions as contained in this Terms of Service and User Agreement or otherwise herein referred to as the “Agreement”, may reduce or even completely negate any claim or claims you might make against us.

You also agree that we reserve any rights not expressly granted herein by us. Furthermore, you acknowledge and accept that we may make amendments or updates to this Agreement from time to time, a current copy of which will be made available to you via a link on our Course Home Page. You also agree that you understand that all the terms, conditions and provisions that apply to the operation and use of this site are contained in this one Agreement including clauses about Your Responsibilities, our Privacy and Cookies Policy, our Refund and Exchange Policy and Termination of Service as well as any and all other policies, agreements, terms, clauses or documents whether explicitly referred to in this Agreement or otherwise incorporated by reference. In addition, you acknowledge that you understand that when reading this Agreement any capitalised or bolded terms form part of this Agreement and if not otherwise defined in a separate section shall have the meanings as set forth and used in this document.

However, if you do not agree with the terms and conditions of this Agreement or else do not wish to use, engage with or otherwise participate in the online products or services offered by this site, then simply do not use this site and do not enrol or purchase any Online Courses or engage with any of the online products or services this site provides. Alternatively, if you do not understand any of the terms or conditions in this Agreement you should consult a qualified professional before you continue to use, engage with or participate in any of the online products or services provided by this site. Otherwise, if you continue to use any of our online products or services as provided by this site, you may not be able to make a claim against us based on the fact that you did not understand a term or condition contained in this Agreement.

Your Responsibilities. By using any of our online products or services, which includes participating in, engaging with, accessing and/or purchasing any of our Online Courses, you agree to do so responsibly. This means that you agree you will follow any instructions, guidance, information, directions and/or advice given to you and that you will heed any warnings, cautions, notices, recommendations and/or requests that we or any of our practitioners, therapists, coaches, instructors, counsellors, mentors or other personnel authorised by us to give you in the provision of our online products and services. In doing so you acknowledge and accept that this is necessary in order to reduce any risks to you that we consider foreseeable or that may otherwise be reasonably expected to be associated with your use, engagement or participation in any of our online products or services.

In particular, many of our online courses include activities that you may find physically strenuous or possibly emotionally or mentally challenging. However, all our activities are designed and delivered by experienced professionals who are fully aware of the range of risks that active participation may pose. Therefore, we aim to ensure that all our activities are delivered with proper and sufficient instruction, guidance, information, direction and/or advice together with any appropriate warnings, cautions, notices, recommendations and/or requests. We do this in order to make these activities as safe as we can while still providing a challenging experience that has the potential to lead to an individually rewarding outcome. To this end we will make every reasonable effort to modify our online products, services and activities as best we can in order to accommodate any individual requirements wherever practically possible.

We have a responsibility to provide our online products, services and activities to you in as safe a manner as we can, but in order for us to do this we require disclosure from you. You must therefore agree to provide us with any information we request about your physical, mental and emotional capacity to participate in our activities. Also, you have a responsibility to let us know of any queries or concerns you may have due to your individual circumstances that may put you at particular risk when using, engaging or participating in any of our online products, services or activities. In particular, you have a responsibility to inform us of any relevant medical or personal limitations, circumstances or conditions that may put you at a greater or possibly higher risk than someone without your medical or personal limitations. If you have any doubts or concerns about your health or mental capacity you should seek further advice from your doctor or other qualified medical professional. Likewise, if we have any doubts about your health or mental capacity we may ask you to provide us with a medical clearance from your doctor or other qualified medical professional and/or an additional medical waiver signed by you.

Consequently, if you fail to provide us with this information we cannot guarantee that our online products, services or activities are suitably safe for you, and in such circumstances we cannot be held liable for your failure to comply with this requirement. If you continue to use or engage with any of our online products or services and/or participate in any of our activities, you agree that you do so solely at your own risk and that you do not hold us liable and that you release and indemnify us including any and all of our owners, directors, partners, employees and contractors from any and all types of loss, harm or damages including consequential damages whatsoever or howsoever caused due to your failure to adequately disclose any information that would or otherwise could be considered material to our ability to provide our online product or service more safely to you.

Privacy and Cookies Policy. We use cookies as part of the operation of this site in order to collect analytical site traffic data and also to maintain effective operation of the site as required by the site provider, Squarespace. We do not use any other type of online tracking technologies, although other parties associated with the provision of our online services and products may do so. To find out more about the use of these technologies and other possible forms of data collection and accompanying privacy policies used by other 3rd parties (like SquareSpace, Ruzuku, PayPal and Google for example) please refer to their specific sites.

SquareSpace Privacy Policy:

https://www.squarespace.com/privacy

Ruzuku Privacy Policy:

https://www.ruzuku.com/privacy.htm

PayPal Privacy Policy:

https://www.paypal.com/au/webapps/mpp/ua/privacy-full

Google Privacy Policy (including Google Analytics and Recaptcha):

https://policies.google.com/privacy?hl=en-GB

We also collect general details about you through our enrolment process and in some cases additional personal information through either a questionnaire or some other form of direct communication with you, such as a phone call or email or video conference. We only collect this information with your consent. We collect two types of information from you this way. First, we collect general details about you such as your name, address, contact number, email as well as course specific data. When you choose to complete the enrolment process your consent to provide this information is automatically implied. Secondly we might collect personal information about your health. We may do this by asking you to complete one of our course questionaries, or by communicating with you directly say by phone or email or video conference. Any personal information you choose to provide us is completely at your discretion, you do not have to provide us with any information you do not want to give us. However, without this information we cannot guarantee that our services will be safe and appropriate for you. It also means you agree that you will not hold us liable for any loss you may claim to have suffered by using any of our products or services, which may have otherwise been avoided if not for your failure to comply with our reasonable request for such information.

Any general details or information we collect about you we store on a secure system that is not readily accessible to anyone who is not authorised to access it. All our staff and employees will be able to access your general details but only where this information is required to verify your identity or for other legitimate administrative purposes.

With regard to any of your more sensitive personal information, like your health details, only qualified professional personnel such as therapists, coaches, instructors, counsellors, mentors or other specifically authorised staff will have access and only where it is required in order to properly and safely provide the online products and services we offer, and then only with your consent. Otherwise, when dealing with any of your information we will endeavour to keep it private and confidential according to generally accepted practices and principles or otherwise as may be required under any relevant Victorian or Australian law like the Health Records Act 2001 (Vic).

We collect your general details and personal information in order to provide the online products and services you have chosen to obtain and use from us. We use this information to identify you and also to ensure you receive a service that is individualised to you to the extent we are able to do so. We may also use anonymised data we collect from all enrolments for the purposes of product development and service analysis. We do not sell your general details or personal and private information to anyone, nor do we knowingly provide them to any other party unless we are required to do so by law, or else where you choose to provide your details or information to a 3rd party (such as PayPal) in order to utilise any of our online products or services.

Refund and Exchange Policy. You agree, acknowledge and accept that any consideration of a refund, replacement or exchange can only apply to an online product or service that has been acquired from us as the result of a bona fide purchase, and only the bona fide purchaser has any right to resort to this Refund and Exchange Policy.

We are committed to providing you with a quality online product and service. So if you are dissatisfied with your purchase of any of our online products or services for any reason at all, please let us know straight away and we will do our best to address your concerns. If your concerns are due to a minor problem, which through no fault of your own has occurred with one or more of our online products or services and it can easily be fixed or repaired by us then we will do so as quickly as can be reasonably expected at no additional cost to you. However, if we cannot fix or repair the problem, or it is deemed that the problem occurred because we did not provide or deliver an online product or service that you purchased from us with the due care and skill that could be reasonably expected of us, then under Australian Consumer Law (ACL) you have the right to a refund or a replacement, which in the case of a replacement of a purchase of one of our Online Courses, effectively amounts to an exchange.

In the case of a refund you agree, acknowledge and accept we reserve our right under the ACL to provide only a partial refund and to withhold any costs or expenses incurred by us. Such costs could include but are not limited to any credit card or 3rd party financial transaction fees, your partial use of our online product or service based on the per cent completion of any course or courses purchased by you, or any other costs we deem reasonably attributable to your actions or use of our online product or service. In the case of an exchange, we reserve our right under the law to offer you another online product or service of our choosing that is equal in value to the refund you would otherwise receive from us.

Alternatively, instead of a refund or replacement, you may choose to receive credit equivalent to the amount we would otherwise refund you, to put towards any one of our products or services in the future. However, this option will be subject to our approval and your agreement to apply the full amount of the credit to one of our products or services within 3 months of the date your credit is approved by us, otherwise any amount outstanding will be refunded to you less any additional expenses incurred by us due to your failure to take up the offer within the 3 month time limit.

In regards to determining the amount to be refunded to you, where you have not used or otherwise consumed more than 10% of a particular online product or service for which you have enrolled and paid, we will gladly exchange it for another agreed upon product or service that is of equal or less value than that of your original purchase. However, if the exchange product is less, then we will refund only the difference in values less any reasonable costs incurred by us in making the exchange. Alternatively, if you seek a refund instead, we will refund 100% of the cost of your original purchase less any reasonable costs incurred by us such as electronic transaction fees and the like. Otherwise, if you have used or consumed more than 10% we will only refund an amount equal to the proportion of an online product or service not used (calculated in 5% increments) less any costs we have incurred in delivering our online product or service to you. In the event you do not let us know within 7 days of your purchase that you are dissatisfied with your purchase or alternatively within 5 days of the start of an online course for which you have paid and enrolled, we reserve the right to deny the option of a refund.

No Unauthorised or Illegal Use. Any information contained in any of our online products and services that require an enrolment to be completed in order to access that information or alternatively any information that is otherwise contained in any of our Online Courses is meant only for the person enrolled and for no one else. Such information should not be taken out of context and certainly not be used by anyone who has not expressly agreed to our Terms of Service and User Agreement and our Privacy Policy or otherwise has not provided us with their general details or any personal information we may require in order to determine the fitness for purpose or suitability of our online product or service for use by that individual.

Furthermore, the dissemination of any information obtained from any of our online products or services or Online Courses in any form whatsoever without prior written consent from us, or the provision of it to anyone other than the person enrolled, unless legally required by law, not only constitutes a breach of copyright, but also expressly voids any warranty or guarantee if any as to fitness for purpose or suitability whether express or implied. In these circumstances we cannot be held liable for your or any other person's unauthorised use of our online products or services or any information they contain.

Additionally, you agree you will not access and/or use our online products and services for illegal purposes and will not interfere or disrupt any networks, online distribution systems or electronic financial transaction services, or other 3rd party goods or services connected with the provision of our online products and services. Further, you agree you will not facilitate any viruses, trojan horses, malware, worms or other computer programming routines that have the potential or capacity to damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or online product or service we provide or any other 3rd party online service or product associated with the provision of ours.

No Warranty. While all our online products and services are designed and delivered with all due care and skill by qualified industry experts with extensive training and professional clinical experience, you should be aware that it is not possible for us to provide an online product or service such as ours that can meet all the needs or expectations of every user in every circumstance. This is because the effectiveness of our online products and services, which are intended to be alternative in nature, and which may involve amongst other things participation in physically strenuous or possibly emotionally or mentally challenging activities, is limited in part by the quality of information you provide us as well as your level of commitment to actively and positively engage with our online products and services as well as your adherence to any instruction, guidance, information, direction and/or advice together with your taking proper heed of any warnings, cautions, notices, recommendations and/or requests we may make.

Our online products and services are provided “as is, where is” and we do not make any claims or offer any guarantees as to fitness for purpose or suitability for use by any particular individual, especially when we are not in possession of their full medical history. As a purchaser, user and/or participant you agree and hereby acknowledge that you fully understand that it is unreasonable for you to expect to receive any quantitative benefit or outcome that you or others may try to associate with our online products or services because such products or services cannot be meaningfully evaluated in that way. Consequently, by purchasing and using our online products and services you expressly agree and fully acknowledge that we do not make any claim, representation or otherwise provide any guarantees whatsoever that you will necessarily receive any specific or even beneficial result.

What we offer is an opportunity to engage with and/or participate in our Online Courses and associated products and services, which taken cumulatively have the potential to provide you with a healthier Lifestyle and a more beneficial state of Wellbeing. However, such benefits are subject to amongst other things, your level of commitment, participation and engagement with our online products and services, your ability to do so safely and to be heedful of the limitations of your own physical and mental capabilities, and that you approach this opportunity with the right spirit and attitude.

Limitation of Liability. Notwithstanding anything in this Agreement to the contrary, and where permitted to the full extent of the law which includes the Australian Consumer Law (ACL), in no event shall you hold us, or any or all of our owners, directors, officers, employees, agents or subcontractors liable under any theory of tort, contract, strict liability or other legal theory for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is hereby expressly excluded by agreement between you and us, regardless of whether such damages were foreseeable or whether any party or any entity has been advised of the possibility of such damages. Furthermore, you expressly agree to indemnify, defend and hold us, and all of our owners, directors, officers, employees, agents and subcontractors harmless to the full extent permitted under the law from and against any and all losses, liabilities, harm, damages, consequential damages and expenses including legal fees and collection costs whatsoever or howsoever caused arising out of or in any way related to this Agreement or our provision of our online products and services to you.

Notwithstanding anything in this agreement to the contrary, and where permitted to the full extent of the law, in no event shall you hold us liable or responsible for any delays or errors in the delivery or performance of any of our services or products caused by our service providers or other 3rd parties or events outside of our control, including but not limited to those goods and services provided by Squarespace, Ruzuku, PayPal and Google.

Notwithstanding anything in this agreement to the contrary, and to the maximum extent permitted by the law, you agree that neither you nor your legal representatives, agents or successors shall hold us, or any of our owners, directors, partners, employees and contractors liable for any personal injury or harm including death suffered by you as a result of your incorrect or improper use of our online products or services. Such circumstances will be deemed to have occurred where it is determined that you failed to properly and correctly access, use, engage or participate in our online products or services. This includes but is not limited to your inability, refusal or failure to follow any instructions, guidance, information, directions, advice, warnings, cautions, notices, recommendations and/or requests we, or our therapists, coaches, instructors, counsellors, mentors or any of our other authorised personnel give you, or because of your failure or refusal to disclose any personal or medical information to us that may reasonably be considered material to our ability to provide proper and safe instructions, guidance, information, directions, advice, warnings, cautions, notices, recommendations and/or requests to you. Consequently, this limitation of liability shall apply to the full extent permitted by law, unless it is otherwise found by a court of competent jurisdiction as provided for by this Agreement that we were negligent in our duty towards you or in our provision of our online products or services to you.

Notwithstanding anything in this Agreement to the contrary, and to the maximum extent permitted by the law, our cumulative liability for any and all losses including consequential loss whether in relation to loss or damages arising under statute, contract, tort or negligence or from any other claims, suits, controversies, breaches or damages for any cause whatsoever, regardless of the form of action or legal theory arising out of or in any way related to this Agreement or our provision of our online products and services to you shall not exceed $1,000 AUD. Likewise, subject to the maximum extent permitted by law, nothing in this Agreement shall exclude or limit the liability of any party to this Agreement for the death of or personal injury to any other party to this Agreement as a result of negligence, fraud, deceit, or fraudulent misrepresentation, howsoever caused, as determined by a court of competent jurisdiction.

You also agree, acknowledge and accept that our liability is limited to the maximum extent permitted by the law in the following circumstances:

  • Your use of, or your inability to use, our online site, products or services or any associated software, electronic programs, or any goods or services provided by any 3rd parties associated with our provision of our online products and services, such as Squarespace, Ruzuku, PayPal or Google;

  • Any delays or disruptions in the provision of our online products or services due to any electronic programs or platforms operated by us or on our behalf;

  • Any viruses or other malicious software you receive by accessing our online course site, products or services or those operated by any 3rd party associated with the provision of our online products and services such as Squarespace, Ruzuku, PayPal or Google;

  • Glitches, bugs, errors, or inaccuracies of any kind in any of our Online Courses, products or services whether operated by us or on our behalf;

  • The content, actions, or inactions of 3rd parties;

  • The suspension or termination or any other action taken by us with respect to your Online Course account because we deem that you are in breach of this Agreement;

  • Your choice to modify your personal practices, behaviour, or lifestyle due to your acceptance of this Agreement; or

  • Any injury, damage or loss suffered by you due to your misuse or misunderstanding of our online products or services, or your failure to follow any of our instruction, advice, guidance, warning or request.

No Warranty Regarding Online Provision. While we endeavour to provide our online products and services with all due care and skill, subject to the operation of any Consumer Guarantees as provided by Australian Consumer Law (ACL), or other relevant law, or any other express warranty, condition or representation we make in this Agreement, you agree, acknowledge and accept and that you understand in relation to our capacity to provide you with a product or service that is delivered online we make no warranty, representation or claim as to the suitability, merchantability or fitness for purpose of the mode of delivery. Our online products or services are supplied in “as is, where is” condition and no guarantees or warranties about their online provision is to be implied in this agreement, including any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

You also, agree, acknowledge and accept that we do not have any control over the goods or services provided by any 3rd party providers (such as SquareSpace or PayPal for example) or any other party who supplies any goods or services required to facilitate and/or support the online delivery of our products and services nor can we ensure that any 3rd party provider will actually complete the delivery of any goods or services either you or we or have authorised them to supply or that they will deliver these goods and services in the state or quality so represented by them or otherwise reasonably expected of them.

We do not guarantee continuous, uninterrupted or secure access to any part of our online products or services, or operation of any websites, software, or systems including any networks and servers used to provide any of our services whether operated by us or on our behalf as they may be interfered with by numerous factors outside of our control.

We will make all reasonable efforts to ensure that our products and services are provided in a timely manner and that they are delivered in the condition and quality we originally intended they be provided in, but we make no representations or warranties regarding our capacity to do this, as it is dependent on many factors outside our control, such as the quality of your device, your internet provider, or problems experienced by the platform provider or other 3rd parties.

Indemnification Against Mode of Delivery. You agree, acknowledge and accept that your use of our online products and services occurs with the full understanding that they are provided to you through an electronic internet platform that includes amongst other things use of 3rd party proprietary software, cloud storage systems and electronic fund transfer services, none of which we have control over, and that on this basis the mode of delivery for our online products and services is provided to you in an “as is, where is” condition. To the full extent provided under the law you therefore agree to indemnify, defend and hold us, and all of our owners, directors, officers, employees, agents or subcontractors harmless from and against any and all losses, liabilities, damages and expenses including legal fees and collection costs which you, your agents or legal representatives may suffer or incur arising from any breach of any warranty, covenant or misrepresentation whether express or implied as may arise under this Agreement because of your use of the delivery system by which you access our online products and services, or arising as a result of any tortious conduct by any 3rd party electronic internet platform service provider, owner or controller or their agents or legal representatives, in connection with any use of our online products or services or otherwise arising from any provision of goods and services to you by any 3rd party provider or from any contravention of any legal requirements by them.

No Third Party Warranty. You agree, acknowledge and accept that this Agreement constitutes a service agreement between you and us and does not include any other party. We disclaim any and all representations or warranties, express or implied, made to you or any other person, including without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise of any services or any goods provided incidental to the services provided by us under this Agreement to the extent permitted by law.

Enforceability. No term, condition or provision of this Agreement shall be enforceable by a 3rd party, which by definition is any party not entitled to be a party to this Agreement because they are not an enrolled participant in any of our Online Courses or they are not a bona fide purchaser of any of our online products or services or they are not a legal representative, agent or successor to an entitled party. Consequently, a 3rd party has no rights to enforce or enjoy any of the benefits of this Agreement.

Governing Law. Governing law with respect to this Agreement shall be the laws of Victoria, Australia. Each and every party to this Agreement hereby submits to the jurisdiction of the courts of Victoria.

Waiver. The failure of a party to this Agreement to assert any of their rights under this Agreement, including, but not limited to, the right to terminate this Agreement in the event of breach or default by the other party, will not be deemed to constitute a waiver by that party of its right to enforce each and every provision of this Agreement in accordance with its terms.

Termination of Service. You may terminate this Agreement with us at any time by providing us with written notice. However, we reserve our right to pursue you to the fullest extent permitted under the law for any payments or monies due to us for your use and/or consumption or partial use and/or consumption of any online products or services that we have already provided to you in good faith. Otherwise, upon your terminating this Agreement you will be able to rely on our Refund and Exchange Policy, subject to any default, failure or breach by you or us or both you and us to uphold any term, condition, or provision as contained in this Agreement.

Alternatively, we may terminate this Agreement with you without any penalty to us if we determine or otherwise reasonably suspect for whatever reason that you have engaged in activity that we in our sole discretion consider fraudulent, improper or inappropriate in regards to your use of our site or online products or services, or where you have breached any term, condition or provision of this Agreement. Furthermore, we may take immediate action to terminate this Agreement with you where in our view we would be negligent if we did not do so, such as where there is a perceivable risk that not doing so could cause us, or any or all of our owners, directors, partners, employees or contractors, or any other individual or entity including any of our other customers or 3rd parties with which we have an agreement, to suffer any amount of injury, harm, damage or loss. In these circumstances we reserve the right to refuse to provide you with a refund or exchange unless it is later determined by us or by arbitration or mediation or by law that you are entitled to such. Furthermore, as a result of terminating our Agreement with you under these circumstances, we reserve the right to refuse you access to our online products and/or services in the future. We also reserve the right to take legal action against you and to seek damages including consequential damages for any injury, harm or loss suffered by us, or any or all of our owners, directors, partners, employees or contractors, or any other individual or entity including any of our other customers or 3rd parties with which we have an agreement.

Severability. Whenever possible, each provision of this Agreement is to be interpreted in such a manner as to be effective and valid under applicable Victorian law, but if any provision hereof will be prohibited by or determined to be invalid by a competent court of legal jurisdiction, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

Assignments. This Agreement may not be assigned to another party without our prior written consent, unless it is legally acquired by another party, in which case the Acquirer may assign its rights under this Agreement without our consent.

Communications. This Agreement and any other agreements, policies, notices, or public documents we produce, if any, will be made available or otherwise formally communicated to you by way of a link placed on our Online Course Home Page or else by email. If we email you we will consider that you have received our communication 24 hours after the time our email service records show that we sent it to you. If we communicate with you by regular mail, we will consider that you have received our communication 5 business days after the post date on which we sent it.

Except as otherwise set out in this document or otherwise by agreement with us, all communications from you to us are to be sent by email to:

info@ezense.com.au

Upon enrolling in any Online Course, you also agree to receive certain email communications from us including amongst other things, automated confirmation messages, reminders, updates and/or progress reports.

Amendments. We may amend and update this Agreement from time to time. Where this occurs we will make the latest version of this agreement available to you via a link from our Course Home Page. Otherwise, this agreement shall not be modified in any respect without express written permission from us.

Arbitration. Any dispute with respect to this Agreement between you and us, including a dispute as to the validity or existence of this Agreement and/or this clause, shall be resolved by arbitration in Melbourne, Australia, conducted in English by a single arbitrator or mediator in accordance with the Institute of Arbitrators and Mediators Australia (IAMA) rules or by any other agreed upon arbitration or mediation process. The parties to this Agreement agree to waive any right of appeal against the arbitration or mediation award. In the event of a failure by the parties to agree on the sole arbitrator or mediator within 30 days of one party calling upon the other to do so, one shall be appointed by the IAMA at the request of either party.

Complete Terms and Agreement. This Terms of Service and User Agreement constitutes the complete agreement and understanding between you and us and supersedes and pre-empts any prior agreements, understandings or representations by either you or us or between you and us, whether written or oral and which but for this term may have in some way related to the subject matter of this Agreement.

(current as of 18 December 2023)