Terms and Conditions

• In these Terms & Conditions, “SBMS” and "we" means (and "us" and "our" refer to) the Small Business Mentoring Service Incorporated; registered in Victoria as a not-for-profit Incorporated Association No. A0032560Y, ARBN 156 630 378; Registered Office: Level 10, 501 Swanson Street, Melbourne VIC 3000; its directors, members, employees, representatives and related entities. The liability of our members is limited.
• In these Terms & Conditions "you" means (and “your” and “yourself” refer to) the purchaser or user of our services being an individual or an entity including the entity’s directors, shareholders, employees and related entities.
• We may update or amend our Terms & Conditions from time to time without notice. You accept the Terms & Conditions as posted on our website at https://www.sbms.org.au/terms-and-conditions.html as the Terms & Conditions that govern the provision of our services and that these Terms & Conditions supersede all previous Terms & Conditions.
• The relationship between you and us is that of client and service provider. Nothing in this relationship will be taken as giving rise to a relationship of employment, agency or partnership.

Services

• Our services (the services) include individual mentoring sessions and programs for small businesses delivered by SBMS mentors, booked and paid for by you through the sbms.org.au website or by redemption of a valid voucher issued by SBMS or an SBMS partner organisation.
• These Terms & Conditions govern the provision of our services.
• By purchasing or using our services, you accept these Terms & Conditions in full.
  
  

Delivery of services

• The services will be delivered by an SBMS mentor chosen by you from the mentor profiles displayed on the SBMS website at the time of booking, or one who has been assigned to you by SBMS.
• If the selected mentor is unable to accept your booking, SBMS will assign another mentor to you. You may request a change of mentor at any time by emailing [email protected].
• Your selected mentor or the mentor who has been assigned to you (mentor), will contact you within 3 business days to arrange your mentoring session(s).
• Mentoring sessions can take place online, by phone, or in person, based on the preferences and locations shown in the mentor’s profile.
• The date, time, location, format, and details of the session(s) are to be agreed between you and the mentor at the initial contact from the mentor or prior to the session. You and the mentor must agree on any changes to these arrangements at least 24 hours in advance.
• Mentors who offer in-person sessions are not required to travel more than 50km round trip from their location. For mentoring outside this range, email [email protected] - additional travel charges may apply to your booking.
• Standard sessions will run for between 60-60 minutes. Where you do not use the full allocation of time in a session, the unused time cannot be transferred or refunded.
• Sessions will commence at the agreed start time or the time your mentor joins the session, whichever is later (the commencement time). If you have not joined the session within 10 minutes after the commencement time, the session will be terminated. You will forfeit the session and will not be entitled to a refund.

Your Responsibilities

• You agree to attend sessions, be open to feedback, and work on the goals and actions discussed.
• To notify the mentor promptly if you are unable to attend a scheduled session or if there are any changes in your business situation that may impact the mentoring process.
• Provide accurate and up-to-date information regarding your business operations, challenges, and objectives to facilitate effective mentoring support.
• Treat mentors with courtesy and respect, recognising that mentors are volunteers who provide their time and expertise to support the development of small businesses.

Expiry

• Standard sessions can be booked as a single session or as a package of multiple sessions. The following expiry applies
  - Unused single session bookings expire 12 months after the booking date
  - All sessions in a multiple session booking expire 12 months after the booking date if no sessions have been used within this period.
  - If at least one session of a multiple session booking is used within 12 months after the booking date, the remaining sessions will then expire 18 months after the booking date.
• The following conditions apply for subsidised services and vouchers issued through SBMS partner organisations:
  - You must book the service within 3 months of the date the voucher was issued to you.
  - You must complete the first session within 3-months from date of booking, and subsequent sessions must be completed within 6-months from the date of booking.

Refunds

• Refunds are only available for services offered by SBMS and purchased directly from us. We do not provide refunds for subsidised services or vouchers issued through SBMS partners organisations, or any booking fees connected with these services offered through our website.
• You are entitled to a refund of the purchase price for unused sessions, except where the session has expired or was terminated in accordance with these Terms and Conditions.
• You are not entitled to a refund on any completed session(s) or portion of a session that has been delivered to you in accordance with these Terms & Conditions.
• You are not entitled to a refund for any unused portion of a session.
• Refunds must be requested in writing by you to us via email to [email protected].
• You must allow 30 days from the date of your request for approval and processing of the refund.

Subsidised pricing

• We reserve the right to limit the number of sessions or services you can purchase where we offer these sessions at a subsidised or discounted price.

Confidentiality

• Confidential information includes any details you share with us that a reasonable person would consider private.
• We will keep your information confidential, except if it was already public, already known to us, or if we believe there’s a risk of harm to you or others. We may also disclose it if required by law, such as in cases of illegal activity or a court order.
• We will use the Confidential Information for the sole purpose of performing the services.

Privacy

• We will handle your private in accordance with our Privacy Policy. For more information visit our Privacy Policy on the SBMS website.

Intellectual property

• The intellectual property rights in any pre-existing materials prepared by you reside with you.
• You acknowledge that the intellectual property rights in any pre-existing materials and any materials developed by us while providing the services reside with us.
• We grant you a non-exclusive, non-transferable license to use the materials for personal or business purposes only. You must not share, copy, or distribute them without our written permission.

No advice

• The information or opinions we provide during mentoring are not professional advice and should not be taken as such.
• You must not rely on our services as an alternative to legal, financial, taxation, or accountancy advice from an appropriately qualified professional.
• If you have any specific questions about any legal, financial, taxation, or accountancy matter you should consult an appropriately qualified professional.

No representations or warranties

• As allowed by law, we exclude all promises, guarantees, and assurances about our services. Specifically, we do not guarantee:
  - that the information or opinions we provide are correct, complete, or accurate; and,
  - that using our services will result in any specific outcome or result.

Limitations and exclusions of liability

• These limits on our liability apply to all claims relating to our services, whether based on contract, negligence, or legal duty.
• We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
• We will not be liable to you in respect of any business losses, including without limitation, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
• We will not be liable to you in respect of any special, indirect or consequential loss or damage.
• Our total liability for any claim is limited to the amount you paid for the services.

Severability

• If any part of these Terms and Conditions is found to be unlawful or unenforceable, the rest will still apply.
• If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.

No Waiver

• Failure to enforce any of these Terms & Conditions at any time does not mean we waive our right to enforce them later.

Force Majeure

• Neither party will be liable for any failure to perform due to circumstances beyond their control, such as natural disasters, pandemics, strikes, or other major events. If such circumstances occur, both parties will take reasonable steps to resume services as soon as possible.

Law and jurisdiction

• These Terms & Conditions are governed by the laws of Victoria. Any disputes will be handled by the courts in Victoria.