Privacy Policy

Daily Mentoring Pty Ltd (ABN 95 672 320 437) (Daily Mentor, we, us, our)

Last updated: 23 August 2026

Daily Mentor provides business education and mentoring services to ecommerce operators through an online community, live and recorded mentoring sessions, events and related content (Services). This Privacy Policy explains how we collect, hold, use and disclose personal information, and how you can access, correct or complain about our handling of it.

We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Where you are located outside Australia, additional rights may apply to you and are set out in Sections 11 and 12.

1. What personal information we collect

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in a material form or not.

Depending on how you interact with us, we may collect:

  • Identity data: name, date of birth or age, gender, photograph or profile image.

  • Contact data: email address, telephone number, postal or business address, social media handles.

  • Business data: the name, structure, revenue, products, suppliers, advertising accounts, financial performance and plans of the business you operate or represent, where you share this with us in the course of receiving the Services.

  • Financial and transaction data: payment card or bank details (held by our payment processor, not by us), subscription and billing history, refunds and disputes.

  • Account and profile data: username and password for any Daily Mentor platform, community profile, content you post, send, receive or share through our platforms, support requests.

  • Session and communication data: audio, video, chat messages, screen shares, transcripts, notes and summaries arising from mentoring sessions, calls, workshops, webinars, office hours and similar interactions. See Section 4.

  • Technical and usage data: IP address, device and browser information, login data, pages viewed, time on site, referral source, search queries, interactions with our emails and advertising.

  • Marketing and preference data: your marketing preferences and responses to our communications.

  • Application data: information you provide when applying to join Daily Mentor or a partner program, including details about your business and goals.

  • Employment data: where you apply for a role with us or become a mentor, contractor or worker, your professional history, references, qualifications and related information.

  • Interaction data: information you provide in surveys, contests, promotions, testimonials, case studies or events.

Sensitive information. We do not actively request sensitive information (such as information about health, racial or ethnic origin, political or religious beliefs, sexual orientation, criminal record or biometric data). Mentoring conversations are open-ended and participants sometimes volunteer sensitive information. Where this occurs it will be captured in session recordings and transcripts. We will only use sensitive information for the purpose for which it was disclosed, with your consent, or as otherwise required or authorised by law.

2. How we collect personal information

We collect personal information:

  • directly from you, in person, by phone, by email, through forms on our website, through our community and learning platforms, and during mentoring sessions, calls and events;

  • automatically, through cookies, pixels, analytics tools and server logs when you use our website, platforms or emails (see Section 10);

  • through recording and transcription of sessions and calls, as described in Section 4;

  • from third parties, including our payment processor, community and learning platform providers, advertising and analytics providers, referral partners, and people who apply on your behalf or who bring you to a session;

  • from publicly available sources, including social media, company websites and registers such as the Australian Securities and Investments Commission (ASIC).

If you provide us with personal information about another person (for example, a business partner, employee or co-founder you bring to a session), you must have that person's consent to do so and must make them aware of this Privacy Policy.

3. Why we collect, hold, use and disclose personal information

We collect, hold, use and disclose personal information to:

  • assess applications and onboard members, mentors and partners;

  • provide the Services, including running mentoring sessions, producing notes and follow-up actions, and giving you access to our community and content;

  • create and maintain your account and verify your identity;

  • process payments, manage subscriptions, and send invoices and receipts;

  • communicate with you about the Services, your account, and your enquiries and support requests;

  • improve the Services, including reviewing session recordings and transcripts for quality, training of mentors, and development of new content;

  • produce aggregated or de-identified insights about member outcomes and common challenges;

  • market to you, including by email, SMS, retargeting and social media advertising, where permitted by law and subject to your right to opt out;

  • run promotions, competitions, testimonials and case studies (with your consent where your identity will be disclosed);

  • consider your application for employment or engagement;

  • maintain internal records, and meet our accounting, tax and audit obligations;

  • establish, exercise or defend legal claims, and comply with legal obligations, court orders, subpoenas and lawful requests from regulators or law enforcement.

We will not use personal information for a purpose unrelated to the above unless you consent, you would reasonably expect it, or the use is required or authorised by law.

4. Recording, transcription and AI-assisted note-taking

This Section applies to any mentoring session, phone call, video call, workshop, office hours, webinar, event or other interaction with Daily Mentor that is recorded. It covers both mentoring sessions with members and phone and video calls with prospective members, applicants, partners and other contacts, including sales, onboarding and follow-up calls.

4.1 What we record and the tools we use

We may record audio, video, chat and screen-share content from sessions and calls, using:

  • Video sessions: Zoom, Google Meet or Microsoft Teams, together with a third-party AI meeting assistant, Fellow (Fellow.ai, operated by Fellow Insights Inc.), which joins or captures the session, produces a transcript, and generates written notes, summaries and action items.

  • Community calls: live calls and events run through our Skool community are recorded and made available to members inside the community.

  • Content recordings: interviews, podcasts and other content featuring mentors, members or guests may be recorded using Riverside (Riverside.fm). These recordings are made for the purpose of publication and are governed by the release or agreement you sign for that recording.

  • Phone calls: our customer relationship management and calling platform, Close (Close.com, operated by Close.io Inc., which routes calls through Twilio). Calls made or received through Close may be recorded, and where Close's Call Assistant is enabled, automatically transcribed and summarised. Recordings, transcripts and summaries are stored against your contact record in Close.

4.2 Why we record

We record sessions and calls to:

  • provide you with notes, summaries and action items after a session;

  • make session recordings available to members through our platform for later reference;

  • keep an accurate record of what was discussed, advice given, commitments made and decisions taken, including during sales and onboarding calls;

  • review calls and sessions for quality, training and coaching of our team and mentors, and improvement of the Services;

  • where the Member Agreement permits and the recording does not contain Confidential Information, use session recordings in our marketing and promotional material, including by using AI tools to identify, clip, caption and repurpose segments of recordings. Phone calls recorded through Close are not used for marketing.

4.3 How you are told

Video sessions: before a recorded session we will notify invitees by email that the session will be recorded and transcribed. During the session the meeting assistant will be visible as a participant and/or an in-meeting notice will be displayed, and the host will confirm at the start that it is being recorded.

Phone calls: the Daily Mentor team member will tell you at the start of the call that it is being recorded, before discussing anything substantive.

Community calls: the Skool event listing and the host at the start of the call will state that the call is recorded and will be shared with the community.

4.4 Your choices

You may decline to be recorded. For video sessions, reply to the pre-meeting notice before the session or tell the host at the start before you speak. For phone calls, tell the team member at the start of the call. If you decline, we will stop or not start the recording, or arrange an unrecorded alternative. Declining to be recorded may limit our ability to provide post-session notes but will not otherwise affect your access to the Services or your application.

You may also ask that a specific portion of a recording or transcript be removed. We will comply with reasonable requests, subject to our legal obligations.

4.5 Who can access recordings

Recordings, transcripts and notes are accessible to:

  • for video sessions, the attendees of the session;

  • the Daily Mentor mentors, staff and contractors who need them to deliver or improve the Services, including sales and onboarding staff who have access to call recordings in Close;

  • our recording, transcription and note-taking providers (Fellow and Close), and our platform and storage providers, as processors on our behalf;

  • any other person with your consent, or where required or authorised by law.

Recordings of group sessions are available to the other participants in that session. Do not disclose information in a group session that you would not want other participants to have.

4.6 AI processing

Transcripts and summaries are generated by automated speech-recognition and language models operated by our providers (Fellow for video sessions; Close, using its speech-to-text partner AssemblyAI, for phone calls). These outputs may contain errors and are not a verbatim or authoritative record. We do not use AI outputs to make decisions with legal or similarly significant effects on you without human review.

Fellow has confirmed publicly that it does not use customer meeting data to train its AI models. Close has confirmed that audio sent to its speech-to-text partner is deleted once processing is complete. We have not agreed to any use of your recordings or transcripts for model training by any provider.

4.7 Retention of recordings

Mentoring sessions and community calls: source audio and video, transcripts, and AI-generated notes and summaries are retained for as long as they form part of the library of content available to members, and in any case for the duration of your membership and a period afterwards to deal with any dispute or legal obligation. You may ask us at any time to delete a recording in which you appear, or to remove a portion of it, and we will do so unless we are required by law to keep it or the recording forms part of a session attended by other members who continue to have access to it (in which case we will remove or redact your contribution where practicable).

Phone calls: audio recordings of calls made through Close are deleted 90 days after the call. Transcripts, AI summaries and written call notes are retained on your contact record for as long as we hold your contact details, so our team has a record of what was discussed with you. You may ask us to delete any transcript, summary or note at any time, and we will do so unless we need it for a legal obligation or dispute.

Content recordings: retained in accordance with the release or agreement for that recording.

4.8 Sessions with third parties

If you bring another person to a session, you are responsible for informing them that the session is recorded and for obtaining any consent required from them.

5. Who we disclose personal information to

We may disclose personal information to:

  • our employees, mentors, contractors, and related entities;

  • service providers that act on our behalf, including:

    • payment processing: Stripe, Elective, Whop and Skool;

    • video conferencing: Zoom, Google Meet and Microsoft Teams;

    • meeting recording, transcription and AI note-taking: Fellow (Fellow.ai);

    • content recording: Riverside (Riverside.fm);

    • CRM, phone calling, call recording and transcription: Close (Close.com), with telephony carried by Twilio;

    • community and learning platform: Skool;

    • email and marketing automation: Close and HubSpot;

    • hosting, databases and storage: Supabase, Netlify and our own secured local systems;

    • analytics and advertising: Google (Google Analytics, Google Tag Manager), Meta (Meta Pixel, Conversions API);

  • professional advisers, including lawyers, accountants, auditors, insurers and insurance brokers;

  • existing or prospective partners, sponsors and promoters, in connection with a specific program, promotion or event you participate in;

  • a purchaser or prospective purchaser of our business or assets, and their advisers, under confidentiality obligations;

  • courts, tribunals, regulators and law enforcement where required or authorised by law, or to establish, exercise or defend our legal rights;

  • anyone else with your consent.

We do not sell personal information. We do "share" certain identifiers and website activity with advertising platforms for targeted advertising, as described in Sections 10 and 11.

6. Overseas disclosure

We are based in Australia. Many of our service providers store or access information outside Australia, including in the United States (for example, Fellow, Close, Twilio, Riverside, Supabase, Netlify, HubSpot, Meta, Google, Stripe) and Israel (Riverside). Where we disclose personal information overseas we take reasonable steps to ensure the recipient handles it in a manner consistent with the APPs, including by contractual terms, or we rely on your consent or another permitted basis under APP 8.

7. Marketing

We may send you marketing about our Services, events and content by email, SMS and through advertising on third-party platforms. You can opt out at any time by using the unsubscribe link in any email, replying STOP to any SMS, adjusting your platform advertising settings, or contacting us using the details in Section 14. Opting out of marketing does not stop service-related communications about your account or sessions.

8. Storage, security and retention

We store personal information in electronic systems operated by us and our service providers. We use physical, technical and organisational measures to protect it, including access controls, encryption in transit, and staff confidentiality obligations. No transmission over the internet is completely secure and we cannot guarantee the security of information you send to us.

We keep personal information for as long as necessary for the purposes described in this Privacy Policy, to meet our legal obligations (for example, tax and corporate record-keeping, generally seven years), or to deal with disputes. Session recordings and transcripts are retained for the periods set out in Section 4.7. When personal information is no longer needed we delete or de-identify it.

If we become aware of a data breach likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner as required by the Notifiable Data Breaches scheme.

9. Your rights

Access. You may request a copy of the personal information we hold about you. We may charge a reasonable administrative fee and may decline access in limited circumstances permitted by law, in which case we will tell you why.

Correction. If information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, you may ask us to correct it.

Deletion. You may ask us to delete your personal information, including session recordings and transcripts in which you appear. We will do so unless we need to retain it for a legal obligation, a dispute, or to provide the Services to other participants.

Withdrawal of consent. Where we rely on your consent (including for recording), you may withdraw it for future processing.

Complaints. If you have a concern about our handling of your personal information, contact us using the details in Section 14. We will acknowledge your complaint promptly and respond in writing within 30 days. If you are not satisfied, you may complain to the Office of the Australian Information Commissioner at www.oaic.gov.au.

10. Cookies and tracking technologies

We use cookies and similar technologies on our website to recognise you, remember preferences, understand usage, and deliver and measure advertising.

  • Analytics and tag management: Google Analytics and Google Tag Manager.

  • Advertising: Meta Pixel and Meta Conversions API, which collect browser and click identifiers (such as the _fbp cookie and fbclid parameter) and your IP address. Where you have given us your email address or phone number, we may share it with Meta in hashed form for measurement and audience matching. This data is sent both from your browser and from our servers.

  • Other advertising platforms: TikTok Pixel, Google Ads conversion tracking, LinkedIn Insight Tag, Snap Pixel and Pinterest Tag, each of which collects similar identifiers and website activity for measurement and retargeting.

You can block or delete cookies through your browser settings, manage advertising preferences through platform settings and industry opt-out tools, and use the "Do Not Sell or Share My Personal Information" link in our website footer. Where the law requires, we will seek your consent before setting non-essential cookies.

Our website contains links to third-party sites that are not covered by this Privacy Policy.

11. California residents

If you are a California resident, the California Consumer Privacy Act, as amended by the California Privacy Rights Act, gives you additional rights.

Categories collected in the past 12 months: identifiers (name, email, phone, IP address); commercial information; internet and network activity; audio and visual information (session and phone call recordings); professional information; inferences drawn from the above.

Sharing. We "share" identifiers and internet activity with advertising platforms, including Meta, for cross-context behavioural advertising. We do not sell personal information. We do not knowingly sell or share the personal information of consumers under 16.

Your rights: to know, to access, to delete, to correct, to opt out of sharing, and not to be discriminated against for exercising these rights. You may use an authorised agent, subject to verification.

How to opt out: use the "Do Not Sell or Share My Personal Information" link in our website footer, adjust your Meta advertising settings, or contact us using the details in Section 14. We honour Global Privacy Control signals where technically feasible.

12. United Kingdom and European Economic Area residents

If you are in the UK or EEA, the UK GDPR or EU GDPR applies to our processing of your personal data. Daily Mentoring Pty Ltd is the controller.

Lawful bases. We process your personal data on the following bases: performance of our contract with you (providing the Services, processing payments); our legitimate interests (improving the Services, securing our systems, direct marketing to existing customers where permitted); your consent (non-essential cookies, marketing where consent is required, and recording of sessions where we rely on consent); and compliance with legal obligations.

Recording. We rely on your consent to record sessions and calls. Consent is sought before each recorded session or call as described in Section 4.3, and you may decline or withdraw consent at any time as set out in Section 4.4. Withdrawal does not affect the lawfulness of processing before withdrawal.

International transfers. Your data will be transferred to Australia and the United States. We rely on the European Commission's Standard Contractual Clauses and, for UK data, the UK International Data Transfer Addendum, as incorporated in our agreements with our service providers, together with the other safeguards described in Section 8.

Your rights include access, rectification, erasure, restriction, portability, objection, and the right to lodge a complaint with your local supervisory authority (in the UK, the Information Commissioner's Office).

13. Children

The Services are intended for business operators aged 18 and over. We do not knowingly collect personal information from anyone under 18. If you believe we have done so, contact us using the details in Section 14 and we will delete it.

14. Privacy contact

Daily Mentoring Pty Ltd 39 Orsmond Street, Hindmarsh SA 5007, Australia Email: privacy@dailymentor.co

Please use this address for access, correction and deletion requests, recording opt-outs and complaints. General enquiries should go through the Contact page on our website.

15. Changes to this Privacy Policy

We may update this Privacy Policy from time to time by publishing the revised version on our website with a new "Last updated" date. Material changes to how we handle session recordings will be notified to members by email.

Member Agreement

1. AGREEMENT

This agreement is made between Daily Mentor and the Client on the Agreement Date.

2. DEFINITIONS

"Affiliate" means, in relation to a person (first-mentioned person):

(a) a person that Controls or is Controlled by the first-mentioned person; and

(b) a 'related body corporate' or 'related entity' (as those terms are defined in the Corporations Act) of the first-mentioned person.

"Agreement Date" means the date of Client Onboarding Form submission.

"Authorised Purpose" means the purpose notified by Daily Mentor to the Client from time to time.

"Client Onboarding Form" means the electronic client onboarding form that the Client completes and submits to Daily Mentor.

"Confidential Information" means all non-public information about the Client that is disclosed in connection with this agreement and that is confidential by nature, but excludes any information that:

(a) is or becomes publicly available (other than as a result of a breach of this agreement);

(b) is lawfully in Daily Mentor's or its representatives' possession prior to disclosure; or

(c) has been made available to Daily Mentor or its representatives on a non- confidential basis.

"Control" has the same meaning given to it in section 50AA of the Corporations Act, and "Controls" and "Controlled" shall be construed accordingly.

"Corporations Act" means the Corporations Act 2001 (Cth) as amended.

"Deliverables" means any report or communication produced by Daily Mentor in connection with the Services.

"Minimum Term" means the period of time that was nominated by the Client and confirmed in the Payment Link. 

"Payment Link" is the link issued by Daily Mentor to the Client containing the payment method for the Services and stipulating the Minimum Term.

"Services" means consulting and mentoring services in relation to the Client's business.

3. SERVICES

(a) Daily Mentor shall provide the Services to the Client in accordance with good industry practice.

(b) The Client may use the Services solely at its own risk for the Authorised Purpose.

(c) The Client acknowledges that the views, opinions, forecasts and information contained in any Deliverables are based on information believed by Daily Mentor to be reliable but have not been independently verified.

(d) The Client acknowledges that Daily Mentor has not assessed the ability of management to perform any business plans contained in the Deliverables and Daily Mentor is not advising on legal aspects of the plans or structures proposed by the Client or the impact of finance, tax, or structural matters on cash flow, nor information technology, treasury operations or risk management processes.

(e) The Deliverables are strictly confidential and for the sole benefit of the Client. No persons other than the Client (and the employees, directors, partners and officers of, and professional advisers to the Client) may access the Services. Any use of, or reliance on, that material by the Client is entirely at its own risk and Daily Mentor shall have no liability for any loss or damage arising out of any such use.

(f) The Client should appoint separate advisers to assist in assessing other aspects of its business including but not limited to legal, accounting, taxation, operational and environmental related issues. Daily Mentor may participate in discussions with such advisers and may utilise information generated by such advisers in preparing the Deliverables, but Daily Mentor will not be reporting on the results of their work nor taking responsibility for such work.

4. SUBSCRIPTION FEES

(a) The Client must pay the Subscription Fees through Stripe's automated payment system (or as otherwise nominated by Daily Mentor) within 10 business days of receiving a tax invoice from Daily Mentor.

(b) Daily Mentor may vary the Subscription Fees with 5 business days’ notice and giving the Client an opportunity to terminate this agreement prior to expiry of that notice period if the Client does not accept the varied Subscription Fees. The Client shall not be entitled to any compensation or other remedy in the event of termination hereunder. Upon expiry of the notice period, if the Client has not terminated the agreement, the Client shall be deemed to have accepted the varied Subscription Fees.

(c) Daily Mentor may block and/or suspend the provision of or access to the Services if any Subscription Fees are unpaid or become overdue (whether in whole or in part).

(d) Unless otherwise stated, Subscription Fees are exclusive of goods and services tax. The Client shall, in addition to Subscription Fees, pay Daily Mentor the corresponding amount of the goods and services tax.

(e) The Client must not deduct or set-off any money owing to it or any money which the Client reasonably anticipates will become owing to it by Daily Mentor from any money due to Daily Mentor under this agreement.

5. ERRORS AND OMISSIONS

(a) Daily Mentor shall use its best endeavours to rectify at its cost any material errors or omissions in the Services provided hereunder promptly whenever such an error or omission is found in the course of execution of the Services. An error or omission is material if Daily Mentor determines in its absolute discretion (acting reasonably) that it is not minor and prevents the Services from satisfying the Client’s specifications, any legislative requirements and/or the standards of good industry practice.

(b) Daily Mentor may, at its option, choose to satisfy any claim for rectification of any defect or omission in the Services by either:

(i) resupplying the Services at Daily Mentor’s cost;

(ii) procuring a third party to resupply the Services; or

(iii) refunding the Subscription Fees.

(c) Daily Mentor shall not be liable for, or under an obligation to rectify, any errors or omissions caused or partly caused directly or indirectly by or arising from:

(i) any misinformation provided by the Client;

(ii) any direction given by the Client;

(iii) any conduct of the Client or any third party; or

(iv) any accident, act of God, fire, flood, war, act of violence, terrorism or similar occurrence beyond Daily Mentor's reasonable control.

(d) The Client shall submit all claims for rectification to Daily Mentor in writing promptly upon discovering them.

6. INTELLECTUAL PROPERTY

(a) The Client licenses Daily Mentor the right, and warrants that Daily Mentor is authorised, to use, copy and modify the intellectual property rights in any information supplied by the Client for the purposes of this agreement.

(b) The Client acknowledges that Daily Mentor will own all intellectual property rights in any Deliverables (including to the extent it contains information supplied by the Client under clause 6(a)) and Daily Mentor licenses the Client the right to use the Deliverables for the Authorised Purpose.

(c) Nothing in this agreement disclaims, abrogates, alienates or affects Daily Mentor’s subsisting and continuing moral rights in the Deliverables.

7. LIMITATION OF LIABILITY

(a) To the extent permitted by law, and without limiting the foregoing subject always to the Competition and Consumer Act 2010 (Cth) (CCA), the Australian Consumer Law set out in Schedule 2 of the CCA and the Fair Trading Acts of each State and Territory in Australia, Daily Mentor:

(i) does not warrant either the quality or standard of the Services provided hereunder, or the design, performance, use, utility, fitness for purposes or merchantable or acceptable quality of any software, service, product or thing for any particular purpose or at all, other than to the extent implied or required by law;

(ii) shall not be liable to the Client for any delay in providing the Services;

(iii) shall not be liable to the Client in excess of the aggregate value of any Subscription Fees paid by the Client in the last 12 months. All loss exceeding such amount shall be the Client's responsibility;

(iv) shall not be liable for any loss arising from any defect in the accuracy, quality, integrity, legality, reliability, appropriateness or ownership of information provided by the Client; and

(v) shall not be liable for any indirect, special or consequential loss and/or damage (including loss of profit, loss of revenue or other economic loss) suffered by the Client arising out of or in connection with any Services or any defect or omission arising under this agreement.

(b) The Client shall give Daily Mentor reasonable access to any premises or property required for Daily Mentor to fully and properly investigate and assess any and all claims hereunder.

8. DEFAULT & CONSEQUENCES OF DEFAULT

(a) Without prejudice to Daily Mentor’s other remedies at law or in equity, Daily Mentor may immediately suspend or terminate the Services if:

(i) any Subscription Fees are not paid when due; or

(ii) the Client materially breaches this agreement and does not rectify such breach within 7 days of being notified; or

(iii) the Client undergoes an insolvency event.

(b) If the Client defaults in payment of any Subscription Fees, the Client shall indemnify Daily Mentor from and against all costs and disbursements incurred by Daily Mentor in pursuing the debt including legal costs on a solicitor and own Client basis and Daily Mentor’s collection agency costs.

9. TERMINATION FOR CONVENIENCE

(a) Subject to clause 9(b), either party may terminate this agreement 30 days’ written notice to the other party.

(b) If the parties agreed to a Minimum Term, the agreement may not be terminated in accordance with clause 9(a) until expiry of the Minimum Term.

(c) Daily Mentor may, at it option, suspend the provision of the Services at any time after notice of termination is given by either party.

(d) Neither party shall be liable to the other party for any loss or damage whatsoever arising from termination under clause 9(a).

10. PUBLICITY

(a) The Client consents to Daily Mentor's use of the Client's name, logo and official emblem as part of its marketing strategy.

(b) The Client authorises Daily Mentor to:

(i) record Daily Mentor's provision of, and the Client's engagement with, the Services (which includes consulting sessions between Daily Mentor and the Client); and

(ii) use such recordings in connection with Daily Mentor's business, including publishing recordings onto Daily Mentor's platform for the Client's use and, to the extent the recording does not contain Confidential Information, publishing recordings anywhere in the world for promotional and marketing purposes.

(c) The Client may only release marketing material in relation to the provision of the Services, or use of Daily Mentor's name, logo and/or official emblem, with Daily Mentor's prior written consent.

11. CONFIDENTIAL INFORMATION

Subject to clause 10(a), Daily Mentor must not, during the term of this agreement and for two years after it has expired, use or communicate any Confidential Information to any person other than:

(a) to its representatives, which include contractors providing the Services and any of its personnel;

(b) if Daily Mentor or its representatives are compelled to disclose the information by law or any regulatory or government authority; or

(c) if the Client consents to such disclosure.

12. NON-DISPARAGEMENT

Either party to this agreement must not, and must ensure their Affiliates do not, make statements or representations, directly or indirectly, or take any action which may, directly or indirectly, disparage the other party or any of its officers or shareholders. Notwithstanding the foregoing, nothing in this agreement shall preclude either party to this agreement from making truthful statements that are required by applicable law, regulation or legal process.

13. DATA PROTECTION

(a) Daily Mentor agrees to hold any information received in connection with this agreement in accordance with the obligations that apply to 'APP entities' as that term is defined in the Privacy Act 1988 (Cth), including the Australian Privacy Principles.

(b) Daily Mentor will immediately notify the Client if any information received in connection with this agreement is exposed to a breach of security. Daily Mentor must also take prompt, reasonable corrective action to cure any such breach.

14. COSTS AND EXPENSES

Any action to be taken by the Client in performing any plan produced by Daily Mentor in connection with the Services must be taken at the Client's expense.

15. NOTICES

15.1 How and where Notices may be sent

A notice or other communication under this agreement (Notice) must be in writing and delivered by hand or sent by pre-paid post or email to a party's Service Address or as otherwise specified by a party by Notice.

15.2 When Notices are taken to have been given and received

(a) A Notice sent by post is regarded as given and received on the second business day following the date of postage.

(b) A Notice sent by email to the address specified by a party is regarded as given and received when received in legible form by the addressee, unless the sender receives an automated message that the email has not been delivered.

(c) A Notice delivered or received other than on a business day or after 5.00pm (recipient's time) is regarded as received at 9.00am on the following business day and a Notice delivered or received before 9.00am on a business day (recipient's time) is regarded as received at 9.00am.

16. GENERAL

16.1 Governing law and jurisdiction

(a) This agreement is governed by the law in force in New South Wales.

(b) Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement.

16.2 Invalidity and enforceability

(a) If any provision of this agreement is invalid under the law of any jurisdiction the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.

(b) Clause 15.2(a) does not apply where enforcement of the provision of this agreement in accordance with clause 15.2(a) would materially affect the nature or effect of the parties' obligations under this agreement.

16.3 Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless it is in writing and signed by the party granting the waiver.

16.4 Variation

A variation of any term of this agreement must be in writing and signed by the parties.

16.5 Assignment of rights

Rights arising out of or under this agreement are not assignable by a party without the prior written consent of the other party.

16.6 Further action to be taken at each party's own expense

Each party must, at its own expense, do all things and execute all documents necessary to give full effect to this agreement and the transactions contemplated by it.

16.7 Non-solicitation

From the Agreement Date until 12 months after termination of the agreement, neither the Client nor its related entities may engage any employee or contractor of Daily Mentor to be an employee or contractor of the Client or its related entities.

16.8 Entire agreement

This agreement states all the express terms of the agreement between the parties in respect of its subject matter. It supersedes all prior discussions and understandings, express or implied in respect of its subject matter.

16.9 No reliance

Neither party has relied on any statement by the other party not expressly included in this agreement.

16.10 Counterparts

This agreement may be executed in any number of counterparts.

Ecom's Most Valuable Community

Daily Mentor provides education/mentoring only. Not legal, tax, financial or accounting advice. Results vary and aren’t guaranteed.

39 Orsmond Street, Hindmarsh, SA, 5007, Australia

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39 Orsmond Street, Hindmarsh, SA, 5007, Australia

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