Jessie McGarry – The Bright Birth Co

Terms and Conditions

PARTIES
This Agreement is between Jessie McGarry trading as The Bright Birth Co ABN 26 899 284 897 (Jessie, we, us or our) and you, by purchase of any program or product (Program, Product)

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to thebrightbirthco.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and thebrightbirthco.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that thebrightbirthco.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), thebrightbirthco.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of thebrightbirthco.com.au.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS
thebrightbirthco.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

We will not return or refund your purchase for change of mind, changes in your circumstances, non-completion of courses/programs in the designated timeframe, time restraints, lack of interest or any other reason that is not a factor controllable by The Bright Birth Co. All decisions to purchase and proceed through checkout are final.

Should you wish to request a refund of your order, please notify us within 7 days of purchase with a valid reason for return that does not come under the description listed above. If we are unable to resolve your complaint or further assist you and you would still like to request a refund, we will engage legal counsel to assist. All refunds are made at the discretion of thebrightbirthco.com.au.

COURSE AND PROGRAMS DURATION AND ACCESS TO CONTENT
All courses, programs, opinions and digital products provided by The Bright Birth Co are provided at the discretion of the creator, Jessie McGarry. Course duration, copy, content, and perspectives are created with the right to change, modify, add or remove portions of these terms at any time, based on what we deem to be the most effective and comprehensive alterations and amendments. As and when changes are made, we will inform the relevant parties and customers at our earliest convenience.

All service and offering terms are at the discretion of the creator, Jessie McGarry.

 

OUR OBLIGATIONS TO YOU
1. In consideration of you paying us the Payment, we will provide the Program in accordance with this Agreement. While I am the main point of contact and the facilitator, sometimes I might sometimes use other team members to help me deliver the best experience possible for you, these people could be employees, contractors or agents (Team). My Team is covered by this Agreement too.

  1. Our Programs may include 1:1 coaching sessions and group coaching sessions (Coaching Sessions) with you and these will be provided

online through a video conferencing software or other digital software of our choosing.

  1. We will provide our Program in a professional, knowledgeable, compassionate and supportive manner and be prepared for all Coaching Sessions.
  2. We will communicate with you primarily via email and other electronic methods and will not be liable if an email or other electronic message is intercepted and a third party steals your personal or sensitive information, though we will use our best efforts to ensure this type of thing doesn’t happen.
  3. We will use best endeavors to respond to emails or Voxer messages within a 24 hour period on a business day or, if not received on a business day, then within 24 hours on the next business day, whereby this communication is included in the Program.
  4. If this Agreement expresses a time within which the Program is to be provided, you acknowledge and agree that any such time is an estimate only and creates no obligation on us to provide the Program by that time.
  5. If there is a problem with the Program which is caused by a breach of this Agreement by us (Omission), and you have notified us of the Omission within 24 hours after completion of the Program, then, to the maximum extent permitted by law, our liability arising from, or in connection with, the Omission will be limited to us remedying the Omission, or, at our absolute discretion, refunding you that portion of the Payment paid by you with respect to the Omission, where liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability).

YOUR OBLIGATIONS TO US
1. You must comply with this Agreement and all of our reasonable requests or requirements.

  1. You must obtain, and provide to us, all things reasonably necessary to enable us to provide the Program.
  2. You must be prepared for each Coaching Session and, if applicable, use best endeavours to take action between Coaching Sessions, implement any action plans and be responsible for your results.
  3. You must comply with the reasonable directions of your Coach, including directions regarding your conduct during Coaching Sessions.
  4. You must try your best to attend Coaching Sessions on time, be open to ideas, ask questions and raise concerns you have throughout the program.
  5. You are responsible for booking in your Coaching Sessions (if included in the Program) with us via our online booking calendar. We recommend that Coaching Sessions be booked 1-2 weeks in advance to ensure you obtain a time and date that is convenient to you.
  6. You may reschedule 1:1 coaching sessions scheduled with us by providing at least 24 hours’ notice. If you do not provide 24 hours’ notice, then the session may be forfeited.
  7. Notwithstanding any other clause in this Agreement, neither Party shall be liable for any delay or failure to attend a Coaching Session if such delay or failure is caused by circumstances beyond their reasonable control, determined at our sole discretion.

RECORDING AND REPLAY OF CALLS & VIDEO CONFERENCES
When you attend any Coaching session provided by a Coach in the Program, you acknowledge and agree that:

  1. the Coaching session may be recorded (Recording);
  2. the Recording may be re-distributed and or replayed to group members that did not make the call;
  3. the Recording, depending on its contents, may be redistributed and sold as part of a later package by us. Any decision to repackage and re-distribute will be made by us in our absolute discretion; and
  4. we may use any written statements, audio, images, audio recordings or video recordings of you obtained while enrolled in the Program at our discretion, including any content that you choose to publish to your social media accounts and online forums or any testimonials or comments you make about your participation in the Program.

INTELLECTUAL PROPERTY & PROGRAM RESOURCES
As between the parties, all intellectual property rights (including copyright) developed, adapted, modified or created by us or our Team (including in connection with this Agreement or the provision of the Program) will at all times vest, or remain vested, in us.

On the Start Date, you grant us a perpetual, royalty-free, world-wide, unconditional, transferable and irrevocable licence to use, develop, adapt and modify (Use) all intellectual property rights (including copyright) in any materials that you provide to us in connection with this Agreement, and you will ensure that any such Use does not infringe any intellectual property rights of any person. If you or any of your Team has any moral rights (as defined in the Copyright Act 1968 (Cth)) (Moral Rights) in any materials provided, used or prepared in connection with this Agreement, you (and you will ensure that your Team) consent to the infringement of those Moral Rights by our Team or us.

LIMITATIONS
Despite anything to the contrary, to the maximum extent permitted by law:

  1. you warrant that you have not relied upon any warranty, representation, statement, order or document made or provided by or on behalf of us, whether before or after the Start Date;
  2. you agree that this Agreement excludes all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in this Agreement;
  3. our maximum aggregate Liability arising from or in connection with this Agreement will be limited to, and will not exceed, the portion of the Payment paid by you to us for the Program the subject of the relevant claim;
  4. we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
  5. a. event or circumstance beyond our reasonable control;
  6. acts or omissions of you or your Team;
  7. defect, error, omission or lack of suitability or bene½t (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Program; and/or
  8. loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; and
  9. you will indemnify us for and against all Liability arising from or in connection with any wrongful act or

omission by you or your Team.

IMPLIED TERMS AND CONSUMER GUARANTEES
Subject to the below, and any condition or warranty, which would otherwise be implied in this agreement, is excluded.

Our Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited to:

  1. the supplying of the Program again; or
  2. the payment of the cost of having the Program supplied again.

DISCLAIMER
In engaging us for our Program, you acknowledge and agree that:

  1. while we do our best to provide you with clear action steps and implementation plans as suited to your needs, as this is a coaching program, your results will depend on your commitment and energy you put into taking action and driving your goals. We do not guarantee that you will grow your business or achieve your creative dreams as a result of using our Program;
  2. you are solely responsible for the results of undertaking the Program and you indemnify us from all liability in relation to any changes or decisions you make as a result of completing the Program;
  3. the Program may be personally challenging and trigger mental, physical or emotional stress. The Program does not constitute and is not a substitute for psychological counselling or any type of psychotherapy or healthcare treatment and if you require these services we recommend you engage a licensed professional. You indemnify us from any psychological or physical harm or distress you experience as a result of completing the Program in this regard;
  4. if you are receiving treatment from a counsellor, psychological, psychiatrist or any other mental health professional, you have consulted your professional for advice regarding whether or not you should participate in the Program; and
  5. we do not provide legal or accounting advice. If you have a legal or ½nancial issue, you should seek advice from a relevant professional.

TERMINATION
This Agreement will terminate upon written notice by:

  1. either party with 14 days’ written notice;
  2. us, if you breach this Agreement and that breach has not been remedied within 5 working days of being notified by us; or
  3. you, if we breach a material term of this Agreement and that breach has not been remedied or overcome within 15 working days of being notified by you.

On termination of this Agreement, you will:

  1. where this Agreement is terminated under clauses (a) or (b) above, immediately pay to us the full Payment (if not already paid) and all of our additional costs resulting from the termination;
  2. where this Agreement is terminated under clause (c) above, immediately pay to us the Payment for the Program performed up to the date of termination (and all other amounts due and payable to us under this Agreement); and
  3. not use any intellectual property (including copyright) belonging to us, including any course content.

Termination of this Agreement will not affect any rights or liabilities that a party has accrued under it.

GENERAL

Disputes: A party may not commence court proceedings relating to any dispute under this Agreement (Dispute) without first approaching the other party in good faith to resolve the Dispute, unless that party is seeking urgent interlocutory relief such as an injunction, or the Dispute relates to compliance with this clause.

Confidentiality: Both parties will (and will ensure their respective Teams) keep confidential, and not use or permit any unauthorised use of, any Confidential Information without the prior written consent of the other party, except where the disclosure is required by law, where Confidential Information includes any information that:

  1. is disclosed to a party in connection with this Agreement at any time;
  2. is prepared or produced under or in connection with this Agreement at any time;
  3. relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever you receive that information.

Notices: Any notice given under this Agreement must be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: This Agreement is not intended to create a partnership, joint venture or agency relationship between the parties.

Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

Entire agreement: This Agreement contains the entire understanding and agreement between the parties in respect of its subject matter.

Amendment: This Agreement may only be amended by written instrument executed by all parties.

Survival: The clauses under the headings Intellectual Property, Limitations, Disclaimer, Confidentiality and subclause (l) under Our Obligations survive termination of this Agreement.

Governing law: This Agreement is governed by the laws of Western Australia.

EXECUTION

We have no obligation or liability in connection with the Program until you accept this Agreement. You will be deemed to have accepted this Agreement if you:

Proceed with purchase of the Program

In-Person Doula Services TERMS AND CONDITIONS can be found here.

https://res.cloudinary.com/dubsado/image/upload/v1652845693/aczdlsgweh9cr5shkpgz.pdf

 

I am grateful to work on the land of the Ngarluma people, who I recognise as the Traditional Custodians of this land. I also recognise and pay my respects to all Traditional Custodians throughout Australia and their connections to land, sea and community, where I may continue to serve others.