These terms and conditions relate specifically to the provision of Services of the Inspiring Rare Birds Mentoring Program in compliance with Australian Consumer Law.
Objectives and Disclaimer
The services associated with the Inspiring Rare Birds Mentoring Program provides access to an experienced business mentor to assist in goal setting, problem-solving, accountability and other related matters. The information you receive from Inspiring Rare Birds Mentoring Program and its associated Mentors does not constitute specific accounting, tax, legal or other similar type advice, nor does it replace the advice of your solicitor, accountant or other advisers. The Supplier recommends that you liaise with your own legal, accounting and other advisers to ensure that the concepts you learn from your Rare Birds Mentor and associated content in the program can be tailored to your specific needs.
In purchasing the Inspiring Rare Birds Mentoring Program you the Customer acknowledge that:
No guarantees or representations have been made as to the profits, success or financial benefits that you might personally achieve from the Program; and that any profits, success, benefits or other results that you achieve from the Program will be dependent upon your level of application, effort and the choices that you make.
The Program is designed to provide general support and encouragement. It is not designed to make decisions for you or to provide specific financial or legal advice; and
Any investment necessarily entails the risk of financial and other losses. Inspiring Rare Birds does not warrant that following the general advice of your Mentor or using the content and resources provided on the Inspiring Rare Birds Mentoring Platform will prevent you incurring a loss or other adverse outcomes.
SUPPLIER TO PROVIDE SERVICES
A contract will be formed between the Customer and Supplier on the terms of these Basic Purchasing Conditions when the Supplier accepts and provides the Services set out in a Basic Order. The Contract continues until the Services are performed, or the Termination Date specified (being 12 months from the Activation Date of the mentorship) unless terminated earlier in accordance with this Contract.
The Customer appoints the Supplier to supply the Services (Inspiring Rare Birds 12 Month Mentorship). The Supplier will provide the Services in accordance with this Contract and the timeframes specified in the Basic Order (Customer will be matched with a mentor within three (3) months of their onboarding interview date) or as otherwise agreed.
PROGRAM COSTS AND PAYMENT TERMS
The cost of joining the Program (Program Fee) can be paid in full in advance at a cost of $2099, or by 12 monthly installments of $200. Program pricing will be advertised on the Inspiring Rare Birds website at www.inspiringrarebirds.com and in promotional marketing material (print and digital).
The Customer has the right to cancel their Program Application and terminate this Contract at any time prior to being matched with a Mentor. In this instance the Customer will not receive a refund for the Program Fee.
The Supplier will use best efforts to secure a suitable match for a Mentee. If a mentee, after meeting their initial match for the first time, is dissatisfied with their first match they can request a re-match. The Mentee is to note that relationships take time to develop and there is no “perfect fit”. Only one re-match will be made. If the Mentee, after meeting their second match, does not wish to continue with the program they will be entitled to a 50% refund.
The Supplier will promptly notify the Customer if it believes it will not be able to meet the delivery date (three (3) months from the mentee’s onboarding interview date) of being matched with a mentor. If the Supplier cannot meet the timeframes specified in the order, then the Customer may terminate the Contract and receive a full refund of the Program Fee.
Once a Customer has been matched with a Mentor in the Mentoring Program and have met with their Mentor once, they have fourteen (14) days from the date of their first meeting with their mentor to contact the Supplier via phone or email to request a rematch if they are not satisfied with the match. The Supplier will rematch the Customer with a new Mentor within 2 months from the date of the rematch request. No further rematches will be made at the request of the Mentee.
If for unforeseen circumstances a Mentor is required to exit the Mentoring Program and is unable to continue providing Mentoring services to their Mentee, the Mentee will be rematched with a new Mentor within three months of the Mentor’s cancellation date. The Mentee’s mentorship will reset with their new Mentor and they will re-start the 12-month mentorship.
Rare Birds obtains the contact details and business information of Mentees in the Inspiring Rare Birds Mentoring Program for one or more specified and lawful purpose. Inspiring Rare Birds Ltd Pty will not use, access, modify or disclose Customer Data to any person except to its Personnel on a need to know basis to perform the Services provided. Customer data will only be used by Inspiring Rare Birds for marketing use when it is aggregated and anonymous. Inspiring Rare Birds complies with the Australian Privacy Principles as referred in clause 9.1.
In performing the Services, the Parties agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or Privacy Guidelines.
Governing law and jurisdiction
This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
DEFINITIONS AND INTERPRETATION
In this Agreement:
Agreement means these Terms and Conditions.
Activation Date means the date on which the Mentee has their first meeting with their Mentor and begins their mentorship.
Bankruptcy Act means the Bankruptcy Act 1966 (Cth).
Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales.
Confidential Information means any information about a Party, its operations, products and customers acquired by the other Party (or any of its employees or agents) whilst, or as a result of, performing the Services which is not in the public domain, other than as a result of breach of confidence. For the avoidance of doubt, it includes all the Intellectual Property of the Principal.
Corporations Act means the Corporations Act 2001 (Cth).
Customer means the individual enlisting the services of the Rare Birds Mentoring Program.
Intellectual Property includes but is not limited to:
all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
all work product developed in whole or in part by the Ambassador while providing the Services under this Agreement.
Mentee means the individual undertaking a mentorship with a business Mentor.
Mentor means the individual providing mentoring services to a Mentee.
Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).
Supplier means the organisation providing the services of the Rare Birds Mentoring Program.
Termination Date means the date the mentorship ends, being 12 months from the Activation Date of the mentorship unless terminated earlier in accordance with this contract.
words in the singular include the plural and vice versa;
headings are for convenience and do not affect the interpretation of this Agreement;
any gender includes the other gender;
a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or annexure, as the case may be, of this Agreement;
if any act which must be done under this Agreement is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day;
a reference to any legislation includes subordinate legislation and all amendments, consolidations or replacements from time to time;
if a word or phrase is defined in this Agreement then any other grammatical form of the word or phrase will have a corresponding meaning;
a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity;
“includes” and similar words mean includes without limitation;
no clause of this Agreement will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
a reference to a Party includes the Party’s legal personal representatives, successors, assigns and persons substituted by novation;
a reference to this or any other agreement includes the agreement, all schedules and annexures as novated, amended or replaced and despite any change in the identity of the parties;
a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
a reference to time is to local time in New South Wales; and
a reference to “$” or “dollars” refers to the currency of Australia from time to time.