1. About the Website

 

1.1. Welcome to www.docsibson.com.au (Website). The Website is operated by Sarah Sibson t/as Doc Sibson Consulting  (abn: 65926143382) (Doc Sibson Consulting). 

1.2. The Website provides you with an opportunity to browse and purchase access to mentoring programs offered by Doc Sibson Consulting (Mentoring Program/s), browse Doc Sibson Consulting services (Services), access and download free digital products from time to time (Eproducts) and access Doc Sibson Consulting’s broadcast channel (Broadcast Channel). The Website provides these services by way of granting you access to the content on the Website (Purchase Services). 

1.3. Access to and use of the Website, or any of its associated Purchase Services, are provided by Doc Sibson Consulting. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.

1.4. Doc Sibson Consulting reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.

 

2. Acceptance of the Terms

You accept the Terms by remaining on the Website.

 

3. Purchase of Mentoring Programs

3.1. The Mentoring Programs offered for purchase on the Website include both one-on-one mentoring (One-on-One Mentoring) and group mentoring (Group Mentoring). You are able to select the program that suits your needs.

3.2. In using the Purchase Services to purchase a Mentoring Program through the Website, you will agree to the payment of the purchase price listed on the Website for the Mentoring Program (Purchase Price).

3.3. Payment of the Purchase Price may be made through the available payment methods (the Payment Gateway Providers).

3.4. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

3.5. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.

 

4. Cancellation of Mentoring Programs 

4.1. General Cancellation and Termination 

(a) Please notify Doc Sibson Consulting of an intention to cancel your involvement in a Mentoring Program as soon as practicable through e-mail to [email protected] and abide by the following cancellation policy (Cancellation Policy).

(b) The Mentoring Programs are non-refundable. This means that if you wish to terminate a Mentoring Program early, the Purchase Price is non-refundable. If you are unable to attend a group session, you will not be provided with a refund.  

(c) If you do not wish to continue with a Mentoring Program, you are welcome to discuss your circumstances with Doc Sibson Consulting to explore the possibility of pausing your participation and re-engaging with the Mentoring Program at a later time, as agreed between the parties. 

(d) By entering into a Mentoring Program, you acknowledge and agree that the value provided to you at the commencement of the Mentoring Program is substantial in that significant intellectual property is being shared with you in the pre-recorded and downloadable material that you have access to. For this reason, you understand and agree that refunds are not provided should you wish to terminate your involvement in a Mentoring Program early. 

(e) Doc Sibson Consulting reserves the right to terminate your involvement in a Mentoring Program for any breach of these Terms by you, by providing 7 days notice to you by e-mail. 

(f) If Doc Sibson Consulting terminates the Services, you agree to pay Doc Sibson Consulting for the portion of the Services completed up to the date and time of termination, as determined by Doc Sibson Consulting and that takes into account the significant value you have received by way of access to Doc Sibson Consulting’s intellectual property.

 

4.2. Cancellation and Rescheduling of one-on-one sessions

(a) Both Parties agree to reschedule any one-on-one sessions in writing.

(b) Doc Sibson Consulting understands that things change, and therefore if you need to make a request to alter your session time you agree to provide at least 48 hours notice. Unfortunately, if you have to make changes within 48 hours of your scheduled session, you may forfeit the session, and the Purchase Price involved. In the case of unforeseen emergent circumstances which occur within 48 hours of your original scheduled session, it may be possible to arrange an alternative session time through discussion and negotiation with Doc Sibson Consulting.

 

5. Delivery of Mentoring Programs and License Information 

5.1. Each purchase of a Mentoring Program grants you access to the program through the Membership Portal utilised from time to time and made available to you (Membership Portal). 

5.2. When you purchase a Mentoring Program, Doc Sibson Consulting grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific mentoring pre-recorded and written material (Mentoring Material) shared with you for your own non-commercial use only (Licence).

5.3. For Group Mentoring  - The Licence is valid for the term of the Mentoring Program plus 2 weeks (Licence Term). This means the Mentoring Material will be viewable via the Membership Portal for the Licence Term only. After this time, you will no longer be able to access the Mentoring Material. 

5.4. For One-on-One Mentoring - all material and recordings, one-on-one individual session recordings will be available for access for a period of 6 months from commencement, which means access to the recordings will expire 6 months from the commencement of the One-on-One Mentoring Program. 

5.5. The Mentoring Material is intended for single use only within the Licence Term. Sharing of your Licence is prohibited. This includes the sharing of any of the Mentoring Material and any supplemental materials, booklets, and access to any other aspect of the Mentoring Program.

 

6. Copyright and Intellectual Property Rights

 

6.1 Intellectual Property Rights

(a) You agree that any works, items, materials or information of whatever nature produced or developed by Doc Sibson Consulting or under Doc Sibson Consulting's direction pursuant to or in the course of providing the Mentoring Programs will remain the sole and complete property of Doc Sibson Consulting, whether such property is tangible or is in the nature of intellectual property rights (including copyright).

(b) If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 6.1(a) have been produced by Doc Sibson Consulting as part of a Mentoring Program, Doc Sibson Consulting grants to you a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the commencement of a Mentoring Program.

(c) There is no assignment of intellectual property rights by Doc Sibson Consulting to you pursuant to these Terms.

(d) Nothing in these Terms affects the moral rights in any works, items, materials or information supplied pursuant to these Terms.

 

6.2 Indemnification

You hereby indemnify and agree to keep indemnified Doc Sibson Consulting against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of intellectual property rights or copyright as outlined above.

 

7. Group Mentoring 

7.1. As a participant in a group Mentoring Program (Participant), you expressly agree that you will not, through any means:

i. Not disclose to any third-party any personal/private information shared by another participant, unless the participant has provided prior written consent for you to do so;

ii. harm, harass, hassle or abuse other participants; or

iii. send un-welcomed communication such as spam to other participants; or

iv. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or

v. infringe the intellectual property or privacy rights of any participant or any third-party.

7.2. Doc Sibson Consulting, at its discretion, and only for the purpose of complying with the law as necessary, reserves the right to remove, edit or alter any content created by you in the Membership Portal or any other platform (including community platforms) utilised in the delivery of the Mentoring Programs. 

7.3. Doc Sibson Consulting retains the right to deny you access, effective immediately, to a Mentoring Program at any time for breach of these Terms.

 

8. Warranty 

8.1. Doc Sibson Consulting will use its best efforts and take all reasonable steps to support you in working towards achieving your desired outcomes. However, Doc Sibson Consulting makes no warranty that the Services will meet your requirements nor that all participants will achieve the same results.

8.2. The Mentoring Programs do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel these Terms with Doc Sibson Consulting, and you are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

 

9. Services Disclaimer

9.1. You are solely responsible for creating and implementing your own career or business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Mentoring Programs and your sessions and interactions with Doc Sibson Consulting, including but not limited to those related to career/business, mental/emotions wellbeing and personal circumstances. As such, you agree that Doc Sibson Consulting is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Services provided by Doc Sibson Consulting.

9.2. You understand and acknowledge that the Mentoring Programs are not a medical service in any way and do not include the provision of any medical or medical-related services, irrespective of any other professional qualifications held by representatives of Doc Sibson Consulting.  Further, you acknowledge and understand that participation in a Mentoring Program is not a substitute for medical or related advice. 

9.3. You understand that in order to enhance the relationship and sessions with Doc Sibson Consulting, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.

 

10. Information Disclaimer

10.1. Any information, advice, content or documentation provided on the Website, through the Mentoring Programs, Services, Eproducts, Broadcast Channel, social media accounts, other podcast, blog or on any other related platform do not constitute medical, diagnostic, coaching, financial, business or other advice, and are provided for general information and guidance purposes only. 

10.2. All care is taken in the preparation of the information and published materials on the Website, through the Mentoring Programs, Services, Eproducts, Broadcast Channel, social media accounts, other podcast, blog or on any other related platform. Doc Sibson Consulting  does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 

10.3. To the extent permissible by law, Doc Sibson Consulting will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Mentoring Programs, Services, Eproducts, Broadcast Channel, social media accounts, other podcast, blog or on any other related platform.

 

11. Copyright and Intellectual Property

11.1.You acknowledge that the Website, Purchase Services, Doc Sibson Consulting’s name, Services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Doc Sibson Consulting or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (the Content).

11.2. You hereby indemnify and agree to keep indemnified Doc Sibson Consulting against all liability, losses or expenses incurred by Doc Sibson Consulting in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Doc Sibson Consulting or any third party by you or your agents.

11.3. You may not, without the prior written permission of Doc Sibson Consulting and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Mentoring Material or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

 

12. Privacy

Doc Sibson Consulting takes your privacy seriously, and any information provided through your use of the Website and/or the Purchase Services is subject to Doc Sibson Consulting’s Privacy Policy.

 

13. General Disclaimer

1.1. You acknowledge that Doc Sibson Consulting does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Purchase Services other than those provided for pursuant to these Terms.

1.2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

1.3. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Doc Sibson Consulting will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

1.4. Use of the Website, the Purchase Services, and any of the Services of Doc Sibson Consulting is at your own risk. Everything on the Website, the Purchase Services, and the Mentoring Programs are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Doc Sibson Consulting make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Doc Sibson Consulting ) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Purchase Services, or any of the Mentoring Material (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Mentoring Material;

(d) the Content or operation with respect to links that are provided for your convenience;

(e) any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

14. User Generated Content

14.1. If you choose to contribute any content to the Website, the Membership Portal or any other platform operated by Doc Sibson Consulting, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

14.2. By contributing content to the Website with the exception of personal and sensitive content, you grant Doc Sibson Consulting a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Doc Sibson Consulting.

14.3. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Doc Sibson Consulting’s social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have the permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Doc Sibson Consulting. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

14.4. Please ensure you keep your own copies of Your Content, as Doc Sibson Consulting may not archive, store or back up Your Content nor continue to make Your Content accessible online.

14.5. Doc Sibson Consulting reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

 

15. Mailing List Registration 

15.1. You may be given the option to register for the Doc Sibson Consulting  Mailing List (Mailing List). 

15.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

Email address

Name

15.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Doc Sibson Consulting.

 

16. Limitation of Liability

1.1. Doc Sibson Consulting's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Doc Sibson Consulting is the resupply of information or Purchase Services to you.

1.2. You expressly understand and agree that Doc Sibson Consulting, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

1.3. Doc Sibson Consulting is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Doc Sibson Consulting, by third parties or by any of the Purchase Services offered by Doc Sibson Consulting.

 

17. Indemnity

1.1. You agree to indemnify Doc Sibson Consulting , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c) any breach of the Terms.

 

18. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of South Australia.

 

19. Governing Law

The Terms are governed by the laws of South Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed, interpreted and construed by, under and pursuant to the laws of South Australia.

 

20. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice in relation to these the Terms.

 

21. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.