Terms & Conditions
Last updated: 01/09/2023
About the Website
1.1 Welcome to the Website www.sarahrusbatch.com (Website). The Website provides you with an opportunity to browse and purchase online programs, events and services that have been listed for sale through the Website (collectively Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.2 The Website, www.sarahrusbatch.com is operated by SLR Associates Pty Ltd (ACN: 628 140 241) t/a Sarah Rusbatch (Sarah Rusbatch). Please read these terms and conditions (the '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 Services, immediately.
1.3 Sarah Rusbatch reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sarah Rusbatch updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
Acceptance of the Terms
You accept the Terms by remaining on the Website.
Personal Information
3.1 When purchasing the Product, you will be required to provide personal information such as your full name, password, postal and e-mail address.
3.2 You agree that all details that you have provided in completing the purchase are true and correct.
3.3 Your personal information is kept in accordance with the Sarah Rusbatch Privacy Policy which can be accessed via the Website (Privacy Policy).
Purchase of Products
4.1 General
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Product (Purchase Price).
(b) Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
(c) 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.
(d) Following payment of the Purchase Price being confirmed by Sarah Rusbatch, you will be issued with a receipt to confirm that the payment has been received and Sarah Rusbatch may record your purchase details for future use.
(e) You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
(f) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Products Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
(g) You agree that if You default on any payments due and payable under these Terms, any costs incurred by Sarah Rusbatch for steps taken to enforce payment terms will be recoverable and payable by You.
4.2 Payment Plan(a) You have agreed to make payment of the Purchase Price via a payment plan with details outlined on the Product Information Page.
(b) By accepting these terms and conditions, you agree that Sarah Rusbatch will debit your original payment method on the dates outlined in the payment plan.
(c) In the event that a payment under a payment plan is not made as and when it is due, all remaining payments under the payment plan will become immediately due and payable from the date of the non-payment and your access to the Products will immediately be revoked.
Cancellation and Refunds
5.1 September Sugar Free Challenge, 30-Day Alcohol Free Program and Rediscovering Me – 8-Week Coaching Program (Programs)
(a) You must notify Sarah Rusbatch of an intention to cancel your involvement in the Program as soon as practicable through e-mail to hello@sarahrusbatch.com and abide by the following (Cancellation Policy).
(b) The Program is non-refundable. This means that if you wish to terminate the Program early, the Purchase Price is non-refundable.
(c) If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.
(d) Sarah Rusbatch may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
(e) Sarah Rusbatch reserves the right to terminate your involvement in the Program for breach of these Terms with 7 days’ notice by e-mail.
(f) If Sarah Rusbatch terminates your involvement in the Program, you agree to pay Sarah Rusbatch for the portion of the services completed up to the date and time of termination. If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.
(g) For the 8-Week Coaching Program - Sarah Rusbatch wants you to be satisfied with your purchase and therefore provides a 14-day transfer period (Transfer Period). Once you have commenced the Program, and if the timing is not suitable for you, or if the Program is not the right fit, upon written request you may transfer your payment towards another Product. Transfer requests should be made via email to hello@sarahrusbatch.com. Only one transfer request is permitted. All Programs are non-refundable. This means that if you wish to terminate the Program early, the Purchase Price is non-refundable.
5.2 90 Minute 1:1 Deep Dive Session
(a) You and Sarah Rusbatch agree to reschedule any 90 Minute 1:1 Deep Dive sessions in writing.
(b) Sarah Rusbatch understands that things change, and therefore if you need to make a request to alter your session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved.
(c) The 90 Minute 1:1 Deep Dive Session is non-refundable. This means that if you wish to cancel your involvement entirely, you will not be provided with a refund.
5.3 1:1 Coaching Products
(a) You and Sarah Rusbatch agree to reschedule any 1:1 Coaching sessions in writing.
(b) Sarah Rusbatch understands that things change, and therefore if You need to make a request to alter your session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 days of your scheduled session, you will forfeit the session, and the Fee involved.
(c) Sarah Rusbatch may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
(d) The 1:1 Coaching Products are non-refundable. That means that if you have purchased multiple sessions and would like to terminate your participation early, you will not be provided with a refund and all outstanding amounts of the Purchase Price will be due and payable.
(e) If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.
Events
6.1 Sarah Rusbatch requires all bookings for events to be made via the third party ticketing platform provided (Ticketing Platform).
6.2 If you choose to create an account with the Ticketing Platform, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Ticketing Platform.
6.3 If an event or webinar is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds may be issued. Sarah Rusbatch will communicate with ticket holders directly, or via the Ticketing Platform.
6.4 Sarah Rusbatch will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.
6.5 With the exception of clause 6.3 above, paid event fees are not refundable in any other circumstances.
6.6 Tickets may be transferred to another individual. To do this you must advise Sarah Rusbatch of the transfer in writing by email to hello@sarahrusbatch.com.
Online Content Delivery and Licence Information
If you are purchasing a Product that include access to an online educational platform the following clauses will apply.
7.1 Each purchase of the Product grants to you access to the Product through the platform provided (Membership Portal).
7.2 When you purchase the Product, Sarah Rusbatch grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Product and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
7.3. The Licence is valid for the term as outlined on the Product information page (Licence Term). This means the Product will be viewable via the download link for the Licence Term only. After this time the Program will expire and you will no longer be able to access the Product.
7.4. The Product is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Product materials, booklets, and access to any other aspect of the Product.
Facebook Group and Products Etiquette
8.1 Where your participation in the Products allows for interaction with other participants via Facebook, an educational platform or through any other platform, you agree to be bound by these rules.
8.2 As a Member, you expressly agree that you will not, through any means:
(a) harm, harass, hassle or abuse other Members; or
(b) give advice in relation to psychology, mental health, alcohol or any related topic; or
(c) send un-welcomed communication such as spam to other participants; or
(d) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
(e) infringe the intellectual property or privacy rights of any participant or any third-party.
8.3 Within the provision of certain Products, Sarah Rusbatch provides the opportunity for you to join certain Sarah Rusbatch Facebook Groups. These Facebook Groups are a forum for support, growth and community. As such, Sarah Rusbatch, at its discretion, reserves the right to remove, edit or alter any content created by you on any Facebook Group related to the services or any other related platform in order to maintain the purpose and integrity of the group forum.
8.4 You accept and agree that the Facebook Terms and Conditions www.facebook.com/terms including the Facebook Community Standards available at https://www.facebook.com/communitystandards/ as each amended from time to time will govern your continued participation in the services.
Products Disclaimer
9.1 You agree that when you purchase a Product you are solely responsible for creating and implementing your own mental and emotional well-being, physical, decisions, choices, actions and results arising out of the Products or resulting from Sarah Rusbatch’s relationship with you, its educational materials and interactions with you. As such, you agree that Sarah Rusbatch is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products it provides.
9.2 You understand that in order to enhance the relationship and sessions with Sarah Rusbatch, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Products.
9.3 You understand that the Products are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Products are not to be used as a substitute for counselling and mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed. You understand and agree that the Products are not a replacement for addiction therapy or similar services.
9.4 You agree to release and discharge Sarah Rusbatch from and against all claims arising out of or in connection with provision of the Products. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Product from Sarah Rusbatch.
Information Disclaimer
10.1 Sarah Rusbatch does not guarantee specific results or experiences through the use of the Products. Any information, advice, content or documentation provided through the Products, including in any online educational materials, Facebook Groups, associated eproducts, in the blog, podcast, on the Website or on any other related platform do not constitute medical, professional, psychological 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 including in the in any online educational materials, Facebook Groups, associated eproducts, in the blog, podcast, on the Website or on any other related platform. Sarah Rusbatch 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, Sarah Rusbatch will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which 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 in the Products, in any online educational materials, Facebook Groups, associated eproducts, in the blog, podcast, on the Website or on any other related platform.
Crisis Support
11.1 General
(a) Sarah Rusbatch is not a crisis support service. Sarah Rusbatch cannot guarantee that it will be available to respond to Facebook posts and messages, text messages, voicemail, or emails quickly.
(b) Please know that Sarah Rusbatch does care about you and wants you to be okay. If you are experiencing a crisis, please follow the steps below.
11.2 What to do in an Emergency
(a) If you are having strong thoughts or urges of suicide, self-harm, or hurting someone else; or, you have self-harmed, attempted suicide, or hurt someone else; or, you are distressed and having trouble getting calm and regulated, Sarah Rusbatch advises you to contact one or more of the following crisis services until you are safe:
i. Police or ambulance: 000;
ii. Your General Practitioner;
iii. Lifeline: 13 11 14;
iv. Kids Helpline: 1800 551 800.
v. Suicide call-back service: 1300 659 467;
vi. State-based crisis numbers:
- NSW - Mental Health Line: 1800 011 511.
- VIC - Suicide Help Line: 1300 651 251.
- QLD - 13 HEALTH: 13 43 25 84.
- SA - Mental Health Assessment and Crisis Intervention Product: 13 14 65.
- WA - Mental Health Emergency Response Line (PEEL): 1800 676 822 or (Metro) 1300 555 788.
- TAS - Mental Health Products Helpline: 1800 332 388.
- NT - Mental Health Line: 1800 682 288.
The Mental Health Line is a free and confidential 24-hour hotline for mental health inquiries from anyone experiencing a mental health crisis or concerned about someone's wellbeing.
- ACT – Access Mental Health: 1800 629 354 or 02 6205 1065.
Warranty
12.1 Sarah Rusbatch will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Sarah Rusbatch makes no warranty that the Products will meet your requirements or that all clients will achieve the same results.
12.2 The Products do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your contract with Sarah Rusbatch and are entitled to a refund for the unused portion, or to compensation for its reduced value. 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.
Liability
Sarah Rusbatch’s total liability arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Product to you.
Copyright and Intellectual Property
14.1 You acknowledge that the Website, the Purchase Services, the Product content, Sarah Rusbatch’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 Sarah Rusbatch or its affiliates, licensors, or suppliers whether displayed in the Products, including in any online educational materials, Facebook Groups, associated eproducts, in the blog, podcast, on the Website (Content).
14.2. You hereby indemnify and agrees to keep indemnified Sarah Rusbatch against all liability, losses or expenses incurred by Sarah Rusbatch in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Sarah Rusbatch or any third party by you or your agents.
14.3. You may not, without the prior written permission of Sarah Rusbatch 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 Content 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.
14.4 For any services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Sarah Rusbatch, Sarah Rusbatch grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
Privacy
Sarah Rusbatch takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Sarah Rusbatch’s Privacy Policy.
General Disclaimer
16.1 You acknowledge that Sarah Rusbatch does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
16.2 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.
16.3 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) Sarah Rusbatch 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.
16.4 Use of the Website, the Purchase Services, and any of the Products of Sarah Rusbatch is at your own risk. Everything on the Website, the Purchase Services, and the Products of Sarah Rusbatch, 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 Sarah Rusbatch make any express or implied representation or warranty about its Content or any Products or Purchase Services 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 Service, or any of its Content related products (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 Products;
(d) the Content or operation in respect to links which 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.
User-Generated Content
17.1. If you choose to contribute any content to the Website or any other platform operated by Sarah Rusbatch, 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).
17.2. By contributing content to the Website, you grant Sarah Rusbatch 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 Sarah Rusbatch.
17.3 Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Sarah Rusbatch can use that information with your User Content for advertising and promotional purposes, or any other business purpose
17.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Sarah Rusbatch social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Sarah Rusbatch. 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.
17.5 Please ensure you keep your own copies of Your Content as Sarah Rusbatch may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
17.6 Sarah Rusbatch will endeavour to provide you with an appropriate credit when using Your Content on Sarah Rusbatch platforms, though you understand and agree this may not always be possible.
17.7 Sarah Rusbatch reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
Mailing List
18.1 You will be given the option to register for the Sarah Rusbatch Mailing List (Mailing List).
18.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Phone Number
(c) Postal Address
(d) Name
18.3 If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Sarah Rusbatch.
Limitation of Liability
19.1 Sarah Rusbatch'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 Sarah Rusbatch is the resupply of information or Purchase Services to you.
19.2 You expressly understand and agree that Sarah Rusbatch, 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.
19.3 Sarah Rusbatch 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 Sarah Rusbatch, by third parties or by any of the Purchase Services offered by Sarah Rusbatch.
Indemnity
20.1 You agree to indemnify Sarah Rusbatch, 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.
Venue and Jurisdiction
The Purchase Services offered by Sarah Rusbatch is intended to be viewed by residents of Australia. 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 shall be in the courts of Western Australia, Australia.
Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.