The Midlife Hub Membership Terms and Conditions
- Membership General Terms
1.1. The Midlife Hub Membership (Membership) gives you access to the Membership Services (Services) outlined on the Membership Page on the Sarah Rusbatch Website (Membership Page) and within these Membership Terms (Terms).
1.2. The Membership and associated Services are offered by SLR Associates Pty Ltd (ACN: 628 140 241) t/a Sarah Rusbatch of 15 Lyall Street, SOUTH PERTH WA 6151 (Sarah Rusbatch). By continuing to apply for a Membership after reading these Terms, you are deemed to 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 www.sarahrusbatch.com (Website), or any of Services, immediately.
1.3. The Services include a range of content, special offers and other benefits available to you via the Facebook Group (Facebook Group), membership site, Website and direct communication between Sarah Rusbatch and you.
1.4. Sarah Rusbatch reserves the right to change the features, content or services related to the Membership without notice to you in order to improve the quality of the Membership offered to you or for any other reason, as its sole discretion.
1.5. Once Your Membership is accepted by Sarah Rusbatch, this Agreement, the Website Terms and Conditions and Privacy Policy that are available on the Website, the Facebook Terms and Conditions 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 Membership and use of the Services.
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2. Registration for Membership
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2.1. In order to become a member of The Midlife Hub (Membership Program Name), you must first register for an account through the Membership Page provided to you by Sarah Rusbatch.
2.2. As part of the registration process, or as part of your continued use of the Services, you are required to provide personal information about yourself and your business (such as identification or contact details), including: email address, address, telephone number and payment information.
2.3. You warrant that any information you give to Sarah Rusbatch in the course of completing the registration process will always be accurate, correct and up to date.
2.4. Once you have completed the registration process, and your Membership is accepted, you will be a registered member of the Website and agree to be bound by the Terms (Member).
2.5. Sarah Rusbatch will only accept completed applications, and reserves the right to reject an application for any reason.
2.6. If your application is accepted, you will receive a confirmation e-mail on receipt of your completed application and payment.
2.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Sarah Rusbatch; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3. Membership Inclusions
3.1. Sarah Rusbatch offers various inclusions as outlined on the Membership information page of the Website.
3.2. All inclusions are subject to change and are offered at the sole discretion of Sarah Rusbatch
3.3. The Membership is for a minimum period of 3 months after which you are given the option to cancel as outlined in clause 9.
4. Membership Fees
4.1. You are given the option of paying for the Membership Fees on a weekly, quarterly or yearly basis through a payment plan.
4.2. If you choose to pay through a payment plan, you agree to pay SLR Associates the annual Membership Fees at the then-current rate, on a weekly or monthly basis for the Membership Period
4.3. If you choose to pay the Membership Fees through a payment plan, fees are automatically billed on a monthly basis corresponding to the same date as your original sign up date (Monthly Billing Date) and will charged to the same payment process used in your initial payment.
4.4. All payments made in the course of your use of the Services are made through debit card and credit card through the available payment provider (Payment Gateway Providers). When making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by terms and conditions which are available on their website.
4.5. Following payment of the Membership Fees being confirmed by SLR Associates, you will be issued with a receipt to confirm that the payment has been received and SLR Associates may record your purchase details for future use.
4.6. You acknowledge and agree that where a request for the payment of the Services Fee 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 Membership Fees.
4.7. 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.
4.8. In the event that any payment under this Agreement is not made in full on the due date, SLR Associates is entitled to charge You interest at the rate of 5% per annum, calculated daily.
4.9. You agree that if You default on any payments due and payable under this Agreement, any costs incurred by SLR Associates for steps taken to enforce payment terms will be recoverable and payable by You.
5. Payment
5.1. Membership Fees are automatically billed on a monthly, quarterly or yearly basis and will charged to the same payment process used in your initial registration.
5.2. All payments made in the course of your use of the Services are made through debit card and credit card through the available payment provider (Payment Gateway Providers).
5.3. 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.
5.4. You acknowledge and agree that where a request for the payment of the Membership Fees 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 Membership Fees.
5.5. In the event that any payment under this Agreement is not made in full on the due date, Sarah Rusbatch is entitled to charge You interest at the rate of 5% per annum, calculated daily.
5.6. You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Sarah Rusbatch for steps taken to enforce payment terms will be recoverable and payable by You.
6. Member Conduct and Obligations
6.1. 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 Members; or
(d) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
(e) infringe the intellectual property or privacy rights of any Member or any third-party.
6.2. Sarah Rusbatch, at its discretion, reserves the right to remove, edit or alter any content created by you, on the membership site or on the Facebook Group or any other related platform.
6.3. Sarah Rusbatch retains the right to revoke your Membership or deny you access to the Services at any time.
6.4. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. you agree to immediately notify Sarah Rusbatch of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Sarah Rusbatch providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Sarah Rusbatch;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Sarah Rusbatch for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
7. Online Content Delivery and Licence Information
7.1. Each purchase of the Membership grants to you access to the Membership through Kajabi the platform provided (Membership Portal).
7.2. When you purchase the Membership, Sarah Rusbatch grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Membership 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 Membership information page (Licence Term). This means the Membership 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 Membership.
7.4. The Membership 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 Membership materials, booklets, and access to any other aspect of the Membership.
8. Intellectual Property Rights
8.1. You acknowledge and agree that Sarah Rusbatch’ 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 on the Website, membership site, social media accounts or on any other related platform.
8.2. 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.
8.3. In the event of failure to seek and be granted permission to share or distribute any content in the Services, including that created by other Members, Sarah Rusbatch has the right to terminate your Membership and take further action as may be appropriate to protect any and all intellectual property rights Sarah Rusbatch has in content.
8.4. 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.
9. Cancellation and Termination of this Agreement
9.1. After the 3-month period from your initial registration, you may cancel your Membership by providing written notice to Sarah Rusbatch, by giving 30 days' notice before the next billing cycle by emailing [email protected].
9.2. Once paid, the Membership Fees are non-refundable.
For Sarah Rusbatch
9.3. Sarah Rusbatch may terminate your Membership for any breach of this Agreement by providing 7 days’ written notice to you by email. At Sarah Rusbatch’ discretion, Sarah Rusbatch may allow you to remedy the breach within 3 days' notice, or another time-frame as Sarah Rusbatch nominates, and in being satisfied with the remedy of the breach by you, Sarah Rusbatch will not terminate your Membership.
For You
9.4. You may terminate this Agreement for a breach by Sarah Rusbatch of this Agreement by providing 7 days' written notice of the breach to Sarah Rusbatch. During the 7 day notice period, Sarah Rusbatch reserves the right to remedy the breach. If Sarah Rusbatch remedies the breach which was the cause of the notice, the Agreement will not be terminated.
10. Third Party Services
The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Sarah Rusbatch does not control any Third-Party Services. Sarah Rusbatch additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Sarah Rusbatch shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.
11. Membership Disclaimer
11.1. You agree that when you purchase a Membership 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 Membership 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 Membership it provides.
11.2. 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 Membership.
11.3. You understand that the Membership are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Membership 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 Membership are not a replacement for addiction therapy or similar services.
11.4. You agree to release and discharge Sarah Rusbatch from and against all claims arising out of or in connection with provision of the Membership. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Membership from Sarah Rusbatch.
12. Information Disclaimer
12.1. Sarah Rusbatch does not guarantee specific results or experiences through the use of the Membership. Any information, advice, content or documentation provided through the Membership, 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.
12.2. 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.
12.3. 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 Membership, in any online educational materials, Facebook Groups, associated eproducts, in the blog, podcast, on the Website or on any other related platform.
13. Crisis Support
13.1. 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.
13.2. 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 Membership: 13 14 65.
• WA - Mental Health Emergency Response Line (PEEL): 1800 676 822 or (Metro) 1300 555 788
• TAS - Mental Health Membership 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.
14. Warranty
14.1. 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 Membership will meet your requirements or that all clients will achieve the same results.
14.2. The Membership 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.
15. Limitation of liability
15.1. Sarah Rusbatch’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
15.2. You expressly understand and agree that Sarah Rusbatch, its affiliates, employees, agents, contributors 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.
16. Waiver
16.1. A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
16.2. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
17. No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
18. Governing Law & Jurisdiction
This Agreement is governed by the laws of Western Australia, Australia. In the event of any dispute arising out of or in relation to the Services, Sarah Rusbatch agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Western Australia, Australia.
19. Indemnity
19.1. 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 your use of the Services;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and
(c) any breach of the terms.
20. Dispute Resolution & Mediation
If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.
21. Severance
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
22. Assignment
You agree SLR Associates may delegate and/or subcontract any obligations under this Agreement for the purpose of providing the Services, as required and at the discretion of SLR Associates, to any party without Your consent. If SLR Associates does exercise its rights under this clause, SLR Associates remains liable and responsible to You in respect of the Services.
23. Entire Agreement and Modifications
The parties confirm and acknowledge that this Agreement, the Payment Page and the accompanying Membership Information Page is the entire Agreement between them and supersedes and override all previous communications, either oral or written, between the parties