Terms of Use & Disclaimer |

Terms of Use & Disclaimer

Effective: JANUARY 29, 2019

Business information

ConTACT DETAILS

1. Introduction

Sabine Biesenberger (referred to as “we”, “us” or “our” in these Terms of Use & Disclaimer) is an Australian-based business. This page (and the documents it refers to) describes the conditions on which you may use the following websites including, but not limited to its free and/or gated content, materials, resources, programs, products, services, opt-in gifts, ebooks, videos, trainings, webinars, blog posts, e-newsletters, workshops, sessions, virtual events, e-mails, linked social media business pages including any associated groups and/or other communication (collectively referred to as “Services”), whether as a guest or registered user:

Our Terms of Use & Disclaimer together with the Privacy Policy collectively form the “Terms.” In your own interest, take some time to familiarise yourself with all relevant documents.

By using our Services, you accept these T​​​​erms and agree to abide by them. If you do not agree to these Term​​​​s, please do not use our Services.

You may not use our Services and may not accept our Terms if: (i) you are not of legal age to form a binding contract with us; or (ii) you are are person barred from using our Services under the laws of Australia or other countries including the country in which you are resident or from which you use our Services.

2. Access

We allow access to our Services on a temporary basis and we reserve the right to withdraw, restrict or change our Services at any time and without notice.

You shall be responsible for all costs/expenses incurred by you in connection with you accessing/using our Services.

You acknowledge that any Services provided to you are delivered on or via our website or electronically by way of email including providing links that allow you to access the Services through your internet browser. If there is an error in the email confirmation, it is your responsibility to inform us as soon as possible.

Before accessing some parts of our Services you may be required to register via our website (including any third-party platforms that we use). As part of the registration process, or as part of your continued use of our Services, you may be required to provide personal data about yourself in alignment with our Privacy Policy. You warrant that any data you give to us will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.

You must treat as confidential any user identification code, login details, password or other security features about our website. If, in our opinion, you are not complying with these Terms, we have the right to disable any such code, login, password or features at any time.

You and anyone who accesses our Services through your internet connection must be aware of these Terms and comply with them.

3. Acceptable Use

Whether you are a visitor or registered user, you must use our Services (including any linked social media business pages and associated groups) for lawful purposes only. In particular, you must not use our Services for the uses listed, without limitation, below:

  • any fraudulent activity;
  • any automated use of our Services;
  • any activity which breaches any applicable law or regulation, whether national or international;
  • any activity which may cause or result in harm to a child under 18 years of age;
  • sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
  • reproducing, selling or otherwise handling our Services including selling any kind of access to our Services in breach of our Terms;
  • knowingly introducing to our Services, or transmit or attempt to transmit to any other sites, computer or network, viruses, trojans, worms, logic bombs or other material, code or program which is malicious or technologically harmful;
  • attempting to gain unauthorised access to our Services, our software, our server, or any server, computer or database connected to our Services; or
  • attacking our Services via a denial-of-service attack or a distributed denial-of-service attack.

By failing to comply with this provision, you would commit a criminal offence and your right to use our Services will cease immediately and we will report your actions to the relevant authorities.

Contributions

Our Services may offer users the facilities to upload or share content or other material, or to interact with other users (referred to as “contributions“).

Even though we or our moderators check your contributions for compliance as soon as reasonably practicable after they are published, we are under no obligation to you or any other person to oversee, monitor or moderate the facilities or any other service we provide on or through our website and/or linked social media business pages including associated groups and we may stop moderating the facilities at any time.

We expressly exclude our liability for any loss or damage arising from the use of the facilities by any person in contravention of these Terms.

When making use of these facilities, it is your responsibility to ensure that any contributions are, as far as you are aware, relevant, factually correct, represents your honest opinion, and do not breach any applicable law or regulation.

Also, any contributions must not include any material which (without limitation):

  • is defamatory, obscene, offensive, hateful or inflammatory;
  • is, or refers to material which is, sexually explicit;
  • promotes violence, illegal activity or any form of discrimination;
  • infringes any other person’s copyright, database right or trademark;
  • threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
  • advocates, promotes or assists any illegal activity;
  • is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
  • discloses personal data or any other information in respect of any individual;
  • invades another’s privacy or cause inconvenience or anxiety to any person;
  • is used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • contains any advertising or promote any services or links to other sites; or
  • gives the impression that the material emanates from us if this is not the case.

Recordings: We may wish to record, photograph or film (referred to as “recordings”) any parts or all of your contributions and reserve the right to do so for the purposes of future programs/events/courses and/or promoting future programs/events/courses or otherwise.

You consent to us recording, photographing or filming you without payment, other condition or need for further consent. This consent includes recordings of your contributions including, but not limited to your contributions during our events, webinars, online courses, offline courses, presentations and otherwise (referred to as “participation”) and includes your past, present and future participation.

You acknowledge and agree that we shall be entitled to edit, copy, add to, adapt or translate the recordings at our discretion and, in respect of the recordings, you hereby irrevocably waive in favour of us, our assignees and licensees the benefit of all moral rights and performers' rights arising under the Copyright, Designs and Patents Act 1988 or similar rights arising under the laws of any jurisdiction.

You agree that we may use such recordings of you for purposes including (without limitation) promotion of future programs/events/courses and to create content for future programs/events/courses.

Copyright: By making contributions to or through our website and/or linked social media business pages including associated groups, you agree to grant us a non-exclusive licence to use the contributions. Although you will still own the copyright in your contributions, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your contributions. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your contributions in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.

By submitting your contributions, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.

If you are not in a position to grant such a licence to us, please do not submit contributions.

Breach: When we or our moderators consider that a breach of the conditions outlined above has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these conditions constitutes a material breach of the provisions on which you are permitted to use the facilities, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the facilities.
  • Immediate, temporary or permanent removal of any contributions already posted by you.
  • Issue a warning to you.
  • Instigate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Take further legal action against you.
  • Disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

4. variations

We may revise these Terms of use at any time by amending this page or by provisions or notices published elsewhere on our website.

5. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights on our Services and the information published on or through it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of our Services for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another site) any part of our Services (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use our Services will cease immediately and you must either return or destroy (as required by us) any copies of the information you have made.

6. Digital Millennium Copyright Act

We respect others’ copyright and intellectual property rights. Our Services follow the safe harbour provisions of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). If you believe that our Services infringe upon any copyright owned by you and was published without your authorisation, you may provide us with notification of copyright infringements.

In order for us to respond, you (or an authorised agent who acts on your behalf) must provide us written notice in a form that substantively complies with the safe harbour provisions of the DMCA. Your notice of claimed infringement must be a submitted to policies@sabinebiesenberger.com.

If you do not provide a written notice that complies with the safe harbour provisions of the DMCA, we will not honour your request and are not required by law to do so.

7. Privacy

We process your personal data in accordance with our Privacy Policy. By using our Services, you consent to such processing, and you warrant that all data provided by you is accurate.

Please be aware that whenever you make contributions on and through our website and/or linked social media business pages including associated groups, your contributions may be available for viewing by others. This means that whatever you share can be seen, heard, collected and used by others. We are not responsible for any unauthorised use by others of such information that you voluntarily share.

8. Disclaimer

General disclaimer

You acknowledge and agree that our Services are made available to you for the sole purpose of providing coaching, mentoring and educational guidance and is not to be taken as professional or expert advice. We shall not be liable in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through our Services. It shall be your own responsibility to ensure that any Services you use from us meet your specific requirements.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law including the Australian law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause 8, and to the extent permitted by law: (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms are excluded; and (ii) we 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 LAW), loss of profit or opportunity, or damage to goodwill arising out of or in connection with our services or these terms (including as a result of not being able to use/access our services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

The use of our Services is at your own risk. Our Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of our directors, officers, employees, agents, contributors, moderators, affiliates, joint venture partners or licensors, as applicable, make any express or implied representation or warranty about our Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on or in connection with our Services (including third-party contributions);
  • costs incurred as a result of you using our Services;
  • the information or operation with respect to links which are provided for your convenience;
  • any failure to complete a transaction or any loss arising from e-commerce transacted on our website; or
  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

You understand that the nature of our business requires us to arrange specific dates and times in which specific information can be provided to you and that these dates and times may be subject to change. You acknowledge and agree that in the event that such changes occur, we will take all reasonable steps to advise you of same, but that they bear no liability for your inability to attend at the altered date and/or time.

We will make every effort to ensure consistent access to our Services. However, we will not be liable to you for damages or refunds, or for any other recourse, should our Services become unavailable or access to them becomes slow or incomplete due to any reason, such as system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause beyond our control which may from time to time make our Services inaccessible to you.

outcomes & earnings disclaimer

WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT OUR SERVICES. THE REPRESENTATION OF OUTCOMES AND/OR EARNINGS POTENTIAL BY USING OUR SERVICES IS SUBJECT TO OUR INTERPRETATION. WHILE THE OUTCOMES AND/OR EARNINGS POTENTIAL FOR THOSE PEOPLE THAT USED OUR SERVICES ARE USUALLY VERY ENCOURAGING, YOU ACKNOWLEDGE THAT YOUR OUTCOMES AND/OR EARNING POTENTIAL IS SUBJECT TO MANY INDEPENDENT FACTORS, ALL OF WHICH VARY FROM INDIVIDUAL TO INDIVIDUAL AND ARE OFTEN OUT OF ANY INDIVIDUAL’S CONTROL. AS SUCH, WE MAKE NO WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL EXPERIENCE ANY SPECIFIC LEVEL OF OUTCOMES AND/OR EARNINGS BY USING OUR SERVICES.

ANY EXAMPLES WE HAVE PROVIDED SHOULD NOT BE INTERPRETED AS ANY GUARANTEE OF OUTCOMES AND/OR EARNINGS. WE DO NOT ASSERT THAT OUR SERVICES REPRESENTS A "GET RICH SCHEME." UPON REQUEST, WE MAY ASSIST YOU IN THE VERIFICATION OF CLAIMS OF ACTUAL OUTCOMES AND/OR EXAMPLES OF ACTUAL EARNINGS ACHIEVED, THOUGH WE ARE UNDER NO OBLIGATION TO DO SO.

business, financial & Legal disclaimer

Our Services are not to be perceived or relied upon in any way as business, financial or legal advice. The Services provided are not intended to be a substitute for professional advice that can be provided by your own business consultant, accountant, financial advisor or lawyer. We are not giving business, financial or legal advice in any way. You are hereby advised to contact your own business consultant, accountant, financial advisor or lawyer for any and all questions and concerns you have regarding your business growth, income and taxation pertaining to your specific financial and/or legal situation.

You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you by using our Services. You are solely responsible for your results.

medical & mental health disclaimer

Our Services are not to be perceived as or relied upon in any way as medical advice or mental health advice. The Services provided are not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counsellor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered healthcare professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read about our Services, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional.

If you have or suspect that you have a medical or mental health issue, contact your own healthcare provider promptly. We are not providing healthcare, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical or psychological advice whatsoever. 

testimonial disclaimer

We present real-world experiences, testimonials, and insights about other people’s experiences with our Services for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to our brand and/or the quality of our work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.

Affiliate disclaimer

Some of the links we publish are affiliate links which means that, if you click them and make a purchase, we may be paid commission. As we are only an affiliate and the product/service you purchased was created by a third party, we shall have no liability whatsoever in any circumstances to you in relation to your purchase through our affiliate link (including in relations to any consequential loss of any type whatsoever) other than in relation to matters for which we are not lawfully able to limit or exclude our liability.

9. Linking to our Services

You may link to our website and/or linked social media business pages including associated groups only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

The site from which you are linking must comply in all respects with our Terms and must be owned by you.

You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Services must not be framed on any other site.

If you wish to make any references/links to our Services other than that set out above, please address your request to policies@sabinebiesenberger.com.

10. Links to other Sites

We may include links to third-party sites, widgets, plug-ins, tools and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party sites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every site you visit.

11. Limitation of Liability

Our total liability arising out of or in connection with our Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, shall in all circumstances be limited to the resupply of information to you.

You expressly understand and agree that we, our affiliates, agents, contractors, moderators, service providers, joint venture partners, successors, transferees and assignees, 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.

We are not responsible or liable in any manner for any information with regards to or in connection with our Services, whether provided by us or by third parties.

We do not control and are not responsible for the behaviours and actions of the users of our Services including their contributions. Accordingly, we are not responsible for any offensive, inappropriate, obscene or unlawful contributions or actions that you may encounter with regards to or in connection with our Services.

By using our Services, you acknowledge that you are solely responsible for ensuring that you do not use our Services in such a way that you will be at risk of personal or psychological harm.

12. Indemnity

You agree at all times to indemnify us, our affiliates, agents, contractors, moderators, service providers, joint venture partners, successors, transferees and assignees, 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 our Services;
(b) any direct or indirect consequences of you accessing/using our Services or transacting on our website or attempts to do so; and/or
(c) any breach of these Terms.

13. Effect of Headings

The subject of headings of the clauses, sections and paragraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

14. Waiver

No waiver of any of the provisions of these Terms shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

15. Dispute Resolution

Compulsory: If a dispute arises out of or relates to these Terms and/or our Services, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following paragraphs have been complied with (except where urgent interlocutory relief is sought).

Notice: The party claiming a dispute, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.

Resolution: On receipt of that notice by that other party, both parties must follow this process:
(a) Within seven (7) days of the notice endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, twenty-one (21) days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Queensland, Australia, or his or her nominee;
(c) The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in the city of Brisbane in Queensland, Australia.

Confidential: All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation: If thirty (30) days have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either party may ask the mediator to terminate the mediation, and the mediator must do so.

16. Termination

These Terms will continue to apply until terminated by you or us as set out below.

If you want to terminate these Terms with regards to using our Services, you may do so by:
(a) notifying us in writing by providing one (1) month’s notice; and/or
(b) clicking the “unsubscribe” link, where we have made this option available to you; and/or
(c) cease using our Services and/or closing your accounts which you use, where we have made this option available to you.


Your notice should be sent, in writing, to policies@sabinebiesenberger.com.

We may at any time, terminate these Terms with you (including providing you with our Services) if: (i) you have breached any provision of these Terms or intend to breach any provision; (ii) we are required to do so by law; (iii) we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you access/use the Services; or (iv) the provision of the Services to you by us is, in our opinion, no longer commercially viable.

Subject to local applicable laws, we reserve the right to discontinue, cancel, suspend or deny, in our sole discretion, your access to all or any parts of our Services without notice if you breach any provision of these Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

17. Venue, Jurisdiction & Governing Law

Our Services are intended to be viewed worldwide. Notwithstanding this, in the event of any dispute arising out of or in relation to our Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

These Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. These Terms shall be binding to the benefit of the parties hereto and their successors and assignees.

A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

18. NON-DISPARAGEMENT

You and us agree that neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither you nor any of your associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, us or any of our Services, directors, officers, employees, agents, contributors, moderators, affiliates, joint venture partners, licensors or other users of our Services.

19. Independent Legal Advice

Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and that the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

20. 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 these Terms shall remain in force.

21. Support

If you have any questions, please feel free to reach out to us via email. We are happy to help.

© 2014-2019 Sabine Biesenberger. All Rights Reserved.