TRACEY MYLECHARANE SOLICITOR
PURCHASE TERMS AND CONDITIONS
You have agreed to purchase an online course or masterclass offered by TM Solicitor Pty Ltd (ACN: 644 204 339) t/a Tracey Mylecharane Solicitor (‘Tracey Mylecharane Solicitor’).
These Terms and Conditions (Terms) govern your purchase.
By clicking “accept” you agree to these Terms and Conditions
1. Personal Information
1.1. When making a purchase, you will be required to provide personal information such as your full name, password and e-mail address.
1.2. You agree that all details that you have provided in completing the purchase are true and correct.
1.3. Your personal information is kept in accordance with the Tracey Mylecharane Solicitor Privacy Policy (‘Privacy Policy’) which can be accessed on our website at www.tmsolicitor.com.au.
2. Purchase of Course
2.1. The Website provides you with an opportunity to make a purchase by accessing the content on the Website (the 'Purchase Services').
2.2. In using the Purchase Services to purchase an online course or masterclass (Course or Masterclass), you will agree to the payment of the Course or Masterclass fees listed (the ‘Fees’).
2.3. Payment of the Fees may be made with debit card and credit card through the available payment options (the 'Payment Gateway Providers').
2.4. You warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
2.5. If you are making payment through a payment plan, your original method of payment will be direct debited according to the respective payment plan option.
2.6. Following payment of the Fees being confirmed by Tracey Mylecharane Solicitor, you will be issued with a receipt to confirm that the payment has been received and Tracey Mylecharane Solicitor may record your purchase details for future use.
2.7. You acknowledge and agree that where a request for the payment of the Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fees.
2.8. In the event that any payment under the Terms is not made in full on the due date, Tracey Mylecharane Solicitor is entitled to charge you interest at the rate of 4.5% per annum, calculated daily.
2.9. You agree that if you default on any payments due and payable under the Terms, any costs incurred by Tracey Mylecharane Solicitor for steps taken to enforce payment terms will be recoverable and payable by you.
2.10. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
3. Course Cancellation and Termination
3.1. You must notify Tracey Mylecharane Solicitor of an intention to cancel your involvement in the Course or Masterclass as soon as practicable through e-mail to [email protected] and abide by the following (‘Cancellation Policy’).
3.2. The Course or Masterclass is non-refundable. This means that if you wish to terminate your involvement in the Course or Masterclass early, all unpaid amounts of the Fees are non-refundable. Where applicable, if you are unable to attend a group session, you will not be provided with a refund.
3.3. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course or Masterclass early, Tracey Mylecharane Solicitor reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging your method of payment, and your access to the Course or Masterclass will be revoked
3.4. Tracey Mylecharane Solicitor may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
3.5. Tracey Mylecharane Solicitor reserves the right to terminate your involvement in the Course or Masterclass for breach of this Agreement with 7 days’ notice by e-mail. If Tracey Mylecharane Solicitor terminates these Terms under this clause, you will not be provided with a refund.
4. Delivery of Course and License Information
4.1. Each purchase of a Course or Masterclass grants to you access to the relevant Course or Masterclass through Kajabi, the Member Portal (the ‘Member Portal’).
4.2. When you purchase a Course or Masterclass through the Website, Tracey Mylecharane Solicitor grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course or Masterclass and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
4.3. The Licence is valid for the Course or Masterclass term (‘Licence Term’). This means the Course or Masterclass will be accessible via the Member Portal for the Licence Term only. After this time the Course or Masterclass will expire and you will no longer be able to access the Course or Masterclass.
4.4. The Course or Masterclass is intended for use in a single household within the Licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course or Masterclass materials, booklets, and access to any other aspect of the Course or Masterclass.
5. Warranty Period for the Course or Masterclass
5.1. Tracey Mylecharane Solicitor makes no warranty that the Course or Masterclass will meet your requirements or that all participants will achieve the same results.
5.2. The Course or Masterclass does come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Course or Masterclass, you are entitled to cancel these Terms, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
6. Course or Masterclass Disclaimer
6.1. You are solely responsible for creating and implementing your own legal, professional, financial, business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Course or Masterclass and your sessions and interactions with Tracey Mylecharane Solicitor. As such, you agree that Tracey Mylecharane Solicitor is not and will not be liable or responsible for any actions or inaction, including effects on your business, or for any direct or indirect result of any services provided by Tracey Mylecharane Solicitor.
6.2. Any information, content or documentation provided during the Course or Masterclass including within accompanying materials do not constitute legal advice, and are provided for general information purposes only. Tracey Mylecharane Solicitor recommends you seek independent legal advice prior to relying on any information or documentation provided during the Course or Masterclass.
6.3. All care is taken in the preparation of the information and published materials provided to you during the Course or Masterclass. Tracey Mylecharane Solicitor does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
6.4. To the extent permissible by law, Tracey Mylecharane Solicitor will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation provided to you during the Course or Masterclass.
7. Copyright and Intellectual Property Rights
7.1. Intellectual Property Rights
(a) You agree that any works, documentation, materials, Course or Masterclass content, creative works or information of whatever nature produced or developed by Tracey Mylecharane Solicitor or under Tracey Mylecharane Solicitor' direction pursuant to or in the course of providing the Course or Masterclass will remain the sole and complete property of Tracey Mylecharane Solicitor, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(b) There is no assignment of Intellectual Property Rights by Tracey Mylecharane Solicitor to you pursuant to this Agreement.
(c) Nothing in this Agreement affects the Moral Rights in any works, items, materials or information supplied pursuant to this Agreement.
7.2. Indemnification
You hereby indemnify and agree to keep indemnified Tracey Mylecharane Solicitor against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
8. Mailing List Registration
8.1. You will be given the option to register for the Tracey Mylecharane Solicitor Mailing List (the 'Mailing List').
8.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(a) Name
8.3. If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Tracey Mylecharane Solicitor.
9. Governing Law & Jurisdiction
9.1. This Agreement is governed by the laws of New South Wales, Australia.
9.2. In the event of any dispute arising out of or in relation to the Purchase Services or the Course or Masterclass, Tracey Mylecharane Solicitor agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.
10. Severance
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
11. Marketing
You agree that any testimonials that may be provided by you from time to time may be used by Tracey Mylecharane Solicitor for marketing purposes.
12. Entire Agreement and Modifications
Both you and Tracey Mylecharane Solicitor confirm and acknowledge that these Terms and the Tracey Mylecharane Solicitor Website Terms and Conditions of the Website constitute the entire agreement between you and Tracey Mylecharane Solicitor and shall supersede and override all previous communications, either oral or written, between the parties.
- No Conflict of Interest
You understand, and agree and warrant that by purchasing a Course or Masterclass from Tracey Mylecharane Solicitor, and by accessing that Course or Masterclass, you are not engaging Tracey Mylecharane Solicitor to act for you or provide professional services to you, nor will you become a client of Tracey Mylecharane Solicitor. You further acknowledge and agree that your purchase, download or access of any material in relation to the Course or Masterclass will not in any way give rise to a conflict of interest, either directly or indirectly, actual or perceived, which may prevent Tracey Mylecharane Solicitor from acting in any legal matter of which you are or may be a party.