Who we are
Our website address is: https://drjobraid.com.
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Website Terms & Conditions
Hi there! This website, www.drjobraid.com, is owned and operated by Dr Josephine Jane Braid ABN 44964839277. If you have any questions or need further information, please contact:
Dr Josephine Braid
Office Address: 78 Byng Street, Orange NSW 2800 Australia
Postal Address: 78 Byng Street, Orange NSW 2800 Australia
This document sets out the Terms and Conditions you need to be aware of when using this website. Please take a moment to read them, as they set out your important rights and obligations and I care about making sure we both know where we stand. When you visit this website, use my services or purchase my products, you agree that you are over the age of 18 years of age and willing to be bound by these Terms and Conditions. If you don’t accept this agreement, you should not continue to visit this website or purchase from me.
All products and services advertised on this website are offered in compliance with Australian Consumer Law.
On this website you will find blog posts, links to webinars, guides and hints and tips. This information is provided solely for empowerment, inspiration and education for people who want to improve and understand coaching and emotional health better.
MY RIGHTS & RESPONSIBILITIES
- I take lots of care to provide valuable information but I cannot be responsible for the use that you make of that information.
- Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
- Jo Braid Coaching provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
- You are not entering into a formal doctor-patient relationship with Dr Jo Braid by consuming content on the website, attending events or registering for online programs. You take the responsibility to consult your own doctor if you have any concerns or experience distress at any point during events or programs. In such circumstances, you must cease participation in the event or program until you have sought independent medical advice regarding whether or not it is appropriate for you.
- There is no professional relationship formed between us unless you explicitly choose to work with me by purchasing my services or products.
- Any testimonials and promised results I may display on this website are based on my experience and those of my previous clients. They are not guarantees that anyone else will achieve the same results.
- I may modify this information provided on this website at any time, including altering or deleting it without notice.
- All information provided in this website is general in nature and not intended to provide personalised medical advice. I would recommend you seek medical advice before acting on the information provided to ensure your own safety.
- There are webinars and download sheets on this website available for download. I am not responsible for viruses or any other damage which might occur as a result of downloading material from this website.
- I am not responsible for the content of any external sites that may be linked to this website.
This disclaimer relates to
- Life Coaching Consultations
Life Coaching Consultations: an intake questionnaire may be required prior to commencing life coaching. All life coaching sessions are to be paid prior to commencing the life coaching consultation. Supplementary documentation may be provided after the coaching session.
I am a certified life coach having qualified with The Life Coach School (USA) in 2021.
I am a registered medical practitioner with the Australasian Health Care Practitioner Agency (AHPRA). I completed my medical degree (BMBS BMedSci) at Nottingham University, UK and Rehabilitation Physician specialist training (FAFRM (RACP)) in Australia.
Having a coaching consultation will not include any medical care at all.
Clients need to be honest with their information. If they have any concerns or something unexpected has happened, please communicate with Dr Braid.
If a client has significant psychological issues, working with a mental health professional prior to consultation with Dr Braid may be advised. Dr Braid is not acting in a diagnostic capacity with regard to medical conditions when engaged as a life coach.
This service is primarily intended to benefit people who are looking to improve their clarity, decisiveness, boundary setting and dealing with overwhelm. This service can help people with preparation for interview techniques, self-confidence and making career decisions.
Dr Braid only sees adults aged 18 years and over for coaching.
The content of this website is protected by copyright. No portion of this website may be copied or replicated in any form without my written consent.
I own the unregistered trademarks in Jo Braid Coaching and logo. You may not use these marks for any purpose without my express permission.
FORMS OF PAYMENT
Credit card over the phone to Dr Jo Braid.
Square or PayPal payments.
Online payments accepted using Square or PayPal. No credit card details taken by myself. Secure third-party provider.
DELIVERY of Services
All coaching consultations take place via Zoom video calls.
Zoom calls: please familiarise yourself with this application: https://zoom.us. You will receive an individual link to join the call. Please be ready for your consultation at least 5 minutes in advance. If you are unable to attend please call 0424258854 or email firstname.lastname@example.org . Please have a pen and paper for any notes you may wish to take. Please ensure you are in a private location where you won’t be disturbed and wear appropriate clothing for the consultation.
LIFE COACHING CONSULTATIONS
Programs may be refunded on a prorata (portion unused) basis.
If there is an unexpected interruption during a life coaching video consultation, I will rebook the consultation at the next available opportunity. If you are ill and unable to attend please give notice as soon as possible (at least 24h prior).
If there is an issue with an electronic download, please contact Dr Jo Braid by email: email@example.com and we will rectify the issue for you where possible.
We cannot predict results from engaging with Dr Jo Braid for Life Coaching Consultations. The outcome of the consultations are dependent on action taken by the client. Without action, the result is likely to remain the same.
Comments are not allowed on blog posts on the Jo Braid Coaching website.
Jurisdiction & Dispute Resolution
Jo Braid Coaching is located in New South Wales. This agreement is subject to the governing law of New South Wales.
If you have any issue or complaint arising out of your use of this website or these terms and conditions, you and Dr Jo Braid (I) agree to make a genuine effort to resolve the dispute through negotiation and discussion.
If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if we are not both in the same location. The mediator is to be appointed by agreement between us or, failing agreement within twenty-one (21) days of the first notification of the dispute, the person initiating the dispute will seek the appointment of a dispute resolution professional by the Resolution Institute: https://www.resolution.institute/resolving-disputes/get-a-professional. The Resolution Institute Mediation Rules shall apply to the mediation. We agree to share the costs of mediation equally between us.
It is a condition precedent to the right of either party to commence litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.
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Client Contract Terms
- Welcome and Acceptance
- Hello and welcome! This Client Contract is a legal agreement between you and Dr Jo Braid Coaching (we, our or us). Please read the Client Contract and contact us if you have questions, our contact details are at the end of the Client Contract.
- You accept the Client Contract by conduct, including without limitation:
- by moving forward with the Services such as booking times;
- by email;
- by payment; or
- by online acceptance on the Dr Jo Braid Coaching website.
- Coaching Services
- The Services and our Program Dates are set out in the Client Contract Form and are designed to facilitate the creation and development of personal, professional or business goals and to develop and carry out a strategy for moving towards those goals.
- We will provide the Services with due care and skill and we will supply the Services within a reasonable time as agreed by the parties.
- We will provide the Services for the agreed period, unless the parties agree a variation. At the end of the period the parties may agree to continue the Services under the Client Contract for an additional period and for an agreed fee.
- The Services and fees may be varied in writing including email, by agreement between the parties.
- Fees: Fees and payment terms for the Services are set out in our Client Contract Form. All fees are stated in AUD unless expressly stated otherwise, and include GST unless expressly stated otherwise.
- Services: you agree that if you engage our Services, you will pay the specified Fees for the Services, in accordance with the payment period for Services.
- Method: you agree to pay the relevant fees as set put in the Payment Terms and Method in our Client Contract Form.
- Invoices: you must pay our invoices in the period set out in the invoice. We may cease to provide the Services until we receive full payment, in our sole discretion.
- Interest: if necessary, we may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 1% per month, calculated daily and compounding monthly, on any amounts unpaid after the payment date set out on the invoice.
- Debts: if invoices are unpaid after the payment date, we have the right to engage debt collection service for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed. We reserve the right to report bad debts to independent credit data agencies.
- Fee changes: if the parties agree to a further period of Services after any initial period has elapsed, we may review and increase the fees at our sole discretion. Fee changes will apply after the agreed period is complete. We will notify you of any applicable fee changes.
- Intellectual Property and Use
- Ownership: We own or licence all rights, title and interest (including intellectual property rights) in our Services, including pre-existing intellectual property and Intellectual property that we create during the course of the Services. All Coaching Materials are our property, or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Our name, logo, slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
- License: We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services to help you achieve your own personal, professional or business goals. You are not licensed to, and you agree that you will not:
- breach any intellectual property rights connected with our Coaching Materials, including (without limitation) altering or modifying any of our Coaching Materials or creating derivative works;
- modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, sell, resell, redistribute or in any way repackage our Coaching Materials, or otherwise commercialise or exploit our Coaching Materials in any manner; or
- offer competing products or Services based upon any information contained in the Coaching Materials.
- All other uses are prohibited unless we give you written consent. Nothing in the Client Contract constitutes an assignment or transfer of intellectual property rights, or a right to use intellectual property, whether registered or unregistered, except as stated in the Client Contract or with the party’s written permission.
- Copyright Notice
The Coaching Materials are copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of Dr Jo Braid Coaching.
- Confidential Information
- We agree not to disclose your confidential information to any third party (other than where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect your confidential information from any unauthorised disclosure; and only to use your confidential information for the purpose for which it was disclosed by you and not for any other purpose.
- You agree not to disclose our confidential information to any third party; to use all reasonable endeavours to protect our confidential information from any unauthorised disclosure; and only to use our confidential information for the purpose for which it was disclosed or provided by us to you and not for any other purpose.
- These obligations do not apply to confidential information that:
- is authorised to be disclosed;
- is in the public domain and/or is no longer confidential, except as a result of a breach of the Client Contract;
- is received from a third party, except where there has been a breach of confidence; or
- must be disclosed by law, regulation or by a regulatory authority including under subpoena.
- This clause will survive the termination of the Client Contract.
- Your Obligations
You warrant that there are no legal restrictions preventing you for agreeing to these Client Contract; any information provided is true and correct and complete, you will inform us if you have reasonable concerns relating to the provision of Services under the Client Contract, with the aim that the parties will use all reasonable efforts to resolve the concerns and you will not employ, canvass, solicit, entice, induce or attempt to employ our personnel.
- Electronic Communications, Videoconference and Telephone
We send and receive emails and documents electronically, but have no liability for any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files. We meet by videoconference but have no liability for any claim you may have as a result of any interruption or interference. If videoconference is unavailable we can choose to meet by telephone.
- Feedback and Dispute Resolution
If there is a dispute between the parties in relation to the Client Contract, the parties agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
- If the parties cannot agree how to resolve the dispute at that initial meeting, any party may refer the matter to mediation administered by the Australian Disputes Centre (ADC).
- The mediation will be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC.
- The parties must attend the mediation in good faith, to seek to resolve the dispute.
- Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under the Client Contract, by law or in equity.
- This clause will survive the termination of the Client Contract.
- Term and Termination
- The Client Contract duration is the Program Dates, or an agreed period, or the date on which the Client Contract is terminated in accordance with this clause, if earlier.
- Either party may terminate the Client Contract if there has been a material breach of the Client Contract, subject to following the dispute resolution procedure.
- We may terminate the Client Contract immediately, at our sole discretion, if:
- you commit a non-remediable breach of the Client Contract;
- you commit a remediable breach of the Client Contract and do not remedy the breach within a reasonable time after receiving written notice of the breach;
- you fail to provide us with clear or timely instructions to enable us to provide the Services;
- we consider that a request for the Services is inappropriate, improper or unlawful or we consider that the working relationship has broken down including a loss of confidence and trust;
- for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe; or
- you fail to pay by the due date.
- On termination of the Client Contract you agree that fees or other payments made are not refundable, and you must pay for all Services provided prior to termination, including Services which have been performed and have not yet been invoiced.
- On termination of the Client Contract, you agree to promptly return (where possible), or delete or destroy (where not possible to return), our confidential information and intellectual property, and/or documents containing or relating to our confidential information and/or intellectual property.
- On termination of the Client Contract, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your confidential information and intellectual property, and/or documents containing or relating to your confidential information and/or intellectual property.
- On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Client Contract constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of the Client Contract.
- The accrued rights, obligations and remedies of the parties are not affected by the termination of the Client Contract.
- Consumer Law
- ACL: certain legislation including the Australian consumer law (ACL) in the Competition and Consumer Act 2010(Cth) and similar consumer protection laws and regulations may confer rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory rights).
- Statutory rights: nothing in the Client Contract excludes your statutory rights as a consumer under the ACL. You agree that our liability for the Services is governed solely by the ACL and the Client Contract.
- Warranties: except for your statutory rights, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees.
- Delay: where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period, where it is affected by your delay in response or supply of incomplete or incorrect information.
- Warranties and Disclaimers
- While we make all reasonable efforts to assist you to achieve the goals, you acknowledge and agrees that many factors to achieve the goals are outside our control. We do not guarantee that the goals will be achieved.
- You agree that the Services are not health coaching, counselling, psychology, psychotherapy, psychoanalysis or mental health care, treatment or therapy. You agree that the Services are not professional legal, medical, financial, business or other advice. You agree to obtain these services if you need these.
- You read, use and act on our Services at your own risk. To the maximum extent permitted by law, we make no representations or warranties that our Services are complete, accurate, reliable, up-to-date and suitable for any particular purpose, access will be uninterrupted, error-free or free from viruses and we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Services or Coaching Materials.
- Our total liability arising out of or in connection with the Services, is limited to re-supplying the Services, or, at our option, refunding the amount paid for the Services to which your claim relates. Our total liability for all damages in connection with the Services will not exceed the lesser of the price paid under the Client Contract for a specific service, or within for the 12-month period prior to the act which gave rise to the liability. To the extent permitted by law, we exclude liability for the Services being unavailable, your inability to access or use the Services or the late supply of Services, or any claim, even if we were informed of the likelihood of such loss or damage.
- This clause will survive the termination of the Client Contract.
- Variation: We may, at any time and at our discretion, vary these Client Contract and provide these by email or on our website.
- GST: If and when applicable, GST payable on the fee for the Services will be set out on our invoices. We agree to pay the GST amount at the same time as its pays the fee.
- Relationship of parties: The Client Contract is not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
- Assignment: The Client Contract is personal to the parties. A party must not assign or deal with the whole or any part of its rights or obligations under the Client Contract without the prior written consent of the other party.
- Privacy: We comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines regarding your personal information.
- Severance: If any provision (or part of it) under the Client Contract is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under the Client Contract cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from the Client Contract and the remaining provisions (and remaining part of the provision) of the Client Contract are valid and enforceable.
- Force majeure: We will not be liable for any delay or failure to perform our obligations under the Client Contract if such delay is due to any circumstance beyond our reasonable control.
- Notices: Any notice required or permitted to be given by either party to the other under the Client Contract will be in writing addressed to the relevant address notified to us. Any notice may be sent by standard post or email, and notices 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.
- Jurisdiction: These Client Contract is governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
- Entire agreement: The Client Contract represents the entire agreement between the parties and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
- How to contact us
If you have questions or comments please contact us at:
Dr Jo Braid Coaching
ABN: 44 964 839 277
Effective: 31 March 2022