Superseded by https://trykure.org/pages/terms-conditions
TERMS & CONDITIONS
Before commencing and joining our Private Membership Association, you must read the following Terms and Conditions before becoming a Member, you confirm you have read, fully understand and agree to abide by the following Terms and Conditions, and the Bylaws contained in the Articles of Association before you are invited to sign the pledge (Social Compact)
WELCOME
A, These Terms and Conditions (T&C), of the “Membership Agreement” govern your rights and responsibilities as a Member, please read carefully and when you're satisfied with the T&C, then you may proceed to submit your application and make your pledge to the association.
B, Each Member is responsible for complying with this Agreement and the Bylaws/Rules. The Basic Members Rights of the association can be found in Article II of the Articles of Association.
C, By agreeing to a Membership, you agree to be bound by this Agreement and the Rules/Bylaws of the Association.
D, This Agreement may be amended by us from time to time. The most recent version will be accessible at https://trykure.org/pages/membership-terms-conditions
E, You are responsible for advising us of any change of name, address, other contact details.
LEGAL STUFF
Terms & Definitions
In this Agreement:
1, Agreement means these Terms and Conditions, and the Membership Contract “Social Compact” as amended from time to time.
2, Association Facility means the facilities owned or operated by us from time to time.
3, Fixed Term means a Membership with a predetermined fixed duration.
4, Including means including without limitation.
5, Join Date means the date you take your pledge, oath and contract for Membership and enter into a Social Compact.
6, Junior Membership means the Membership applicable to persons aged between 13 and 17 (inclusive).
7, Member means the person entering into this Agreement with us and referred to throughout this Agreement as ‘I’, ‘my’, ‘you’ or ‘your’.
8, Member ID Agreement means the smart device app or Digital identification provided by us and its subsequent versions from time to time.
9, Membership means your membership with us as governed by this Agreement.
10, Membership Fees means the fees due to be paid by you to us under your Membership Plan. Currently $0
11, Membership Plan means the type of Membership you have elected in your Membership agreement. Currently only 1 tier of membership exists.
12, Parent/Guardian Approval Form means the approval supplied by a parent and/or guardian of the holder of a Junior Membership.
13, Periodic Membership means a Membership that is not a Fixed Membership.
14, Rules means any Bylaws, in addition to this Agreement, that we reasonably deem to be necessary or convenient for the administration of the Association and that are notified to you and your guests or visitors, including any rules posted on the Website (if any) or in an Association facility.
15, Schedule of Fees means the schedule of fees for the relevant Membership as provided for on the Website and as amended by us from time to time.
16, Staff means employees, consultants, contractors persons or agents engaged by us for work usually as independent contractors.
17, Start Date means the date nominated in the Membership Application.
18, Terms and Conditions means the terms and conditions contained in this document, as varied from time to time. “Your Association Name” | Terms and Conditions | Page 2
ARE THERE ANY RESTRICTIONS ON JOINING?
19, You agree to use our products and/or services with due care and reasonable skill and on the condition that if you have any difficulty using any of our services, that you will cease using the products and/or services until you have notified a founding member and been given guidance and take full responsibility for your actions, and that you indemnify us against any costs, losses or damages we may suffer in relation to your actions or injury whilst being a member.
Minimum Age
20, A person must be 138 years or older to become a Member.
WHEN DOES MY MEMBERSHIP COMMENCE?
Fixed Term and Periodic Membership
21, Your Membership commences on the Start Date. Before commencing use of a product and/or service
(1) the information you provide us is:
- accurate and complete in all material respects;
- based on actual grounds known to you; and
(2) you have not received advice that would indicate to a member that there are grounds to suspect any of the information you have given to us is not accurate or complete in all material respects.
22, You agree to follow all bylaws provided to you in the Association Bylaws.
HOW DO I CANCEL MY MEMBERSHIP?
23, If your Membership Plan is Fixed Term or Periodic Membership, then you may cancel this Agreement at any time
24, Cancellation must be completed in writing by sending an email to support@trykure.com.
25, Your Membership is otherwise ongoing and expires at the earliest of:
(1) the termination of your Membership by us in accordance with this Agreement; or
(2) the date you provide notice of cancellation.
ARE THERE CONDITIONS OF MEMBERSHIP?
26, Your Membership is conditional on your compliance with the terms of this Agreement and your compliance with the Bylaws/ Rules.
27, We reserve the right to suspend or cancel your Membership immediately:
(1) if, in our opinion, you do not behave in a correct and orderly manner, respecting the entitlement of the members following the Association Bylaw’s and remaining in peace and without disturbance or disruption by you;
(2) if you do not comply with the reasonable directions of our Staff members
(3) if you misuse our products, services, or facilities or use them for purpose other than the use for which they were designed or intended;
(4) if you are within the premises of other members or its surrounds under the influence of drugs or alcohol;
(5) if you are abusive or aggressive to Staff or other members or act in a manner that is lewd or provocative;
(6) if you do not adhere to the terms of this Agreement; or
(7) if any declaration you make concerning your age, is false, misleading or otherwise deceptive.
28, You agree to pay us any costs we incur (including our legal costs for the designated International dispute resolution team, incurred by us in enforcing any Bylaws “our rights” we have under this Agreement.
LIABILITY
29, You agree that you will be liable for any injury, loss, or damage suffered by any person resulting from your use of our facilities, products, services, or premises, and you agree to indemnify us against any costs, losses, damages or claims brought against us by any person in relation to such injury, loss, or damage. By becoming a Member, you understand that this Agreement is legally binding whether your use is limited to one visit (casual) or you are an ongoing user of products and/or services.
PRIVACY
30, You agree that the information which we collect and retain about you can be used in accordance with our Privacy Policy and that those terms are incorporated herein by reference.
31, Our Privacy Policy is available at: https://trykure.org/policies/privacy-policy
GENERAL PROVISIONS
Governing Law
32, This Agreement is governed by the law in force in the Articles of Association, Bylaws/Rules and these Terms and Conditions and all rights contained therein.
Basic Human Rights for Member’s:
DISPUTE RESOLUTION & BYLAWS
33, Procedures for internal disputes are to be dealt with in accordance with our bylaws agreed through a social compact by the Founding Members jointly with the Assembly Members in resolving any issue arising. The Association has also adopted the Universal Declaration of Human Rights UDHR, and every Association Member must agree to act and behave in a peaceful manner and agree to the bylaws before joining the Association or Assembly and also observe International law, natural law, come in peace and “do no harm”.
34, Choice of Law - International Jurisdiction
MEMBERS INDEMNITY
35, Member agrees to hold the Association, its owners, trustees, representatives and staff harmless against any and all liability for any unintentional harm that may occur during membership and arising out of Member’s use of the Associations products and/or services or other benefits of membership, except for harm resulting from gross negligence or intentional misconduct on the part of the Association.
36, Members expressly and in good faith agree to and affirm, without objection, the Associations protocol of handling any disputes with the Assembly directly as private Associations business (“In-House Dispute Resolution”), without resorting to public courts or tribunals, administrative bodies, or other public forums. In-House Dispute Resolution shall be limited to the Associations dispute resolution in this agreement. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, trustees, representatives, agents, affiliates, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorney fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
Contract & Offences:
37, A member commits an offence against the bylaws if the member breaches or fails to comply with any of the provisions of the bylaws. It is a condition of this membership that you must sign the social compact to memorialise the contract and obey the bylaws. This ensures your equal protection amongst the members and also protects your rights. This “Social Compact” is made in accordance with International Law being the adopted jurisdiction for the members such as Basic Human rights and Freedom of Association.
Bylaws of His Hands & Feet
Article I: Name and Purpose
- The name of the Private Members Association (PMA) shall be His Hands & Feet.
- We believe in the healing properties of plants, therefore the purpose of His Hands & Feet is to distribute botanical remedies and vegetation that are naturally sourced and organically processed, providing members with alternative solutions and nutritional benefits.
Article II: Membership
- Eligibility for Membership: Membership is open to individuals who agree to the terms of membership, including the signing of a waiver and non-disclosure agreement (NDA), and who are approved by a founding member.
- Rights of Members: Members have the right to purchase products and/or services offered by the association.
- Obligations of Members: Members agree to hold harmless and indemnify the founding members and the association from any harm that may occur from the use of the association’s products or services.
- Membership Admission: Admission requires a relationship between the prospective member and an existing member, subject to approval by a founding member.
- Continued Membership: Receiving consecutive goods or services requires ongoing membership.
Article III: Indemnification and Waiver
- Indemnification: Members agree to indemnify and hold harmless the founding members and the association from any claims, damages, losses, or harm that may arise from the use of products or services.
- Waiver Requirement: All members, prior to receiving any product or service, must sign a pledge to the association that indemnifies the founding members and the association, acknowledging the risks involved with the use of natural botanicals and vegetation.
- Non-Disclosure Agreement (NDA): Members must agree to an NDA concerning the sharing, use, and dissemination of any research, materials, or information obtained through their membership.
Article IV: Founding Members and Governance
- Roles of Founding Members: Founding members are responsible for the oversight of the association’s operations, including membership approval and the maintenance of the association’s mission.
Article V: Products and Services
- Product Standards: All products and services provided by the association will utilise no chemicals, extraction processes, or unnatural procedures considered inorganic.
- Product Liability: The association disclaims all liability for the use of its products and services, as agreed upon by members through the indemnification waiver.
Article VI: Amendments
- These bylaws may be amended or replaced by a majority vote of the founding members at any duly convened meeting.
Article VII: Dissolution
- Upon dissolution of the association, assets shall be distributed for an exempt purpose in the manner required by law, or to a government entity, for a public purpose.
Article VIII: Dispute Resolution
Members expressly and in good faith agree to and affirm, without objection, the Associations protocol of handling any disputes with the Assembly directly as private Associations business, without resorting to public courts or tribunals, administrative bodies, or other public forums.
By agreeing to use our service or products you hereby agree to our “bylaws”, and hold the founding members harmless and agree to indemnify its members from any injury, loss or harm that may be caused from the use of such services or products of the Private Members Association.
By entering into a pledge with the PMA and its members, you hereby agree to these bylaws.
