• 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 enquire@sbms.org.au.
• 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 enquire@sbms.org.au - additional travel charges may apply to your booking.
• Standard sessions will run for between 60-90 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 - Purchased directly from SBMS are those mentoring sessions purchased as a single session or as a package of multiple sessions.

• Single session bookings expire 6 months after the booking date.
• All sessions in a multiple session booking expire 12 months after the booking date.
• These timeframes are designed to provide reasonable flexibility while ensuring session allocations remain current and manageable for SBMS and mentors.
• Unused and expired sessions are not eligible for refund.

Subsidised Sessions - Services and Partner Issued vouchers are those mentoring sessions that have been provided by SBMS partner organisations either free of charge or at a subsidised price.

• Mentee (voucher recipient/mentee) must book the service within 1 month from voucher issue date.
• Mentee must complete sessions within 3 months from date of booking. 

 

Refunds

Refunds apply only to services purchased directly from SBMS. Refunds are not available for subsidised services, partner issued vouchers, or any associated booking fees.

Eligibility for Refunds

• A refund may be considered only where the session is unused and has not expired, and SBMS has not delivered the service as outlined in the Terms and Conditions.

• Refunds are not available for any completed session, or any portion of a session that has been delivered.

Sessions that have expired or mentee change of mind

• These conditions are consistent with ACCC consumer law guidance which allows businesses to decline change of mind refund requests while still maintaining fairness and transparency.

Assessment Process Before a Refund is Considered

• SBMS will take reasonable steps to clarify the client’s reasons for requesting a refund.  SBMS will address the issue to support delivery of the session which may include allocating a different mentor or offering rescheduling or alternative times. Only when these avenues have been explored without success will a refund request be assessed.
• Refund requests must be submitted in writing to programs@sbms.org.au
• SBMS may take up to 30 days to assess and process a request.
• All decisions are made against these Terms and Conditions and informed by the ACCC principles of fairness and transparency.

Administration Fee Where a Refund is Approved

• SBMS may apply an administration fee of $50 to cover internal processing costs, unless otherwise agreed.
• SBMS may consider a refund and waive the administration fee for the client co pay portion of part subsidised bookings where the request meets all other requirements for a refund.

Circumstances Where SBMS May Decline a Refund

• SBMS may decline a refund where the request relates to a change of mind.
• The mentee has not responded to reasonable contact attempts.
• The mentee has been unavailable to schedule the session.
• The mentee contributed to the inability to deliver the service (for example, cancelling repeatedly or not providing required information).
• The session or package has expired or is not eligible under this policy.

 

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.