Terms & Conditions

  About the Website

Welcome to www.tmsolicitor.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase a variety of online courses that have been listed for sale through the Website as well as download Eproducts and digital resources, and browse and book the services Tracey Mylecharane Solicitor (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

The Website is operated by TM Solicitor Pty Ltd (ACN: 644 204 339) t/as Tracey Mylecharane Solicitor. Access to and use of the Website, or any of its associated Products or services, is provided by Tracey Mylecharane Solicitor. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Tracey Mylecharane Solicitor reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tracey Mylecharane Solicitor updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Tracey Mylecharane Solicitor in the user interface.

Making a Booking

The Website allows you to make a booking for Tracey Mylecharane Solicitor services, Bookings are made through the booking system provided (‘the Booking System’). Once you have made a booking, you will be issued with a separate set of terms and conditions that will govern the services.

Personal Information

When purchasing a Product or making a booking, you will be required to provide personal information such as your full name, password, and e-mail address.

You agree that all details that you have provided in completing the purchase or making a booking are true and correct.

Your personal information is kept in accordance with the Tracey Mylecharane Solicitor Privacy Policy (‘Privacy Policy’) which can be accessed on our website, https://tmsolicitor.com.au/privacy.   

Purchase of Courses

The Website provides you with an opportunity to make a purchase by accessing the content on the Website (the 'Purchase Services').

In using the Purchase Services to purchase an online course (Course), you will agree to the payment of the Course fees listed (the ‘Fees’).

Payment of the Fees may be made with debit card and credit card through the available payment options (the 'Payment Gateway Providers').

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.

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.

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.

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.

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.

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.

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.

Course Cancellation and Termination

You must notify Tracey Mylecharane Solicitor of an intention to cancel your involvement in the Course as soon as practicable through e-mail to tracey@tmsolicitor.com.au and abide by the following (‘Cancellation Policy’).

The Course is non-refundable. This means that if you wish to terminate your involvement in the Course early, all unpaid amounts of the Fees are non-refundable. If you are unable to attend a group session, you will not be provided with a refund.

For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course 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 will be revoked

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.

Tracey Mylecharane Solicitor reserves the right to terminate your involvement in the Course 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.

Delivery of Course and License Information

Each purchase of a Course grants to you access to the relevant Course through Kajabi, the Member Portal (the ‘Member Portal’).

When you purchase a Course 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 and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).

The Licence is valid for the Course term (‘Licence Term’). This means the Course will be accessible via the Member Portal for the Licence Term only. After this time the Course will expire and you will no longer be able to access the Course.

The Course 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 materials, booklets, and access to any other aspect of the Course. 

Warranty Period for the Services

Tracey Mylecharane Solicitor will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Tracey Mylecharane Solicitor makes no warranty that the Course will meet your requirements or that all clients will achieve the same results.

The Course does come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Course, you are entitled to cancel these Terms, and are entitled to a refund for the unused portion, or to compensation for its reduced value.

Course Disclaimer

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 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.

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related Products and services of Tracey Mylecharane Solicitor are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content, documents, materials, Products and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Tracey Mylecharane Solicitor or its contributors.

Tracey Mylecharane Solicitor retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a)        the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Tracey Mylecharane Solicitor; or

(b)       the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c)        a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Tracey Mylecharane Solicitor and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Tracey Mylecharane Solicitor takes your privacy seriously and any information provided through your use of the Purchase Services are subject to Tracey Mylecharane Solicitor’ Privacy Policy.

General Disclaimer

You acknowledge that Tracey Mylecharane Solicitor does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Product descriptions posted on Tracey Mylecharane Solicitor’ Product pages are used as an indication of the services rather than an actual representation.  Tracey Mylecharane Solicitor accepts no responsibility for inaccurate information supplied to it.

(a)          The website may contain technical inaccuracies or typographical errors or omissions.  Tracey Mylecharane Solicitor is not responsible for typographical, pricing, product information or advertising.

(b)         Advertised prices and availability are subject to change without notice.  Tracey Mylecharane Solicitor reserves the right to make changes, corrections and/or improvements to the Website, and to the products and services described in such information, at any time without notice.

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

Subject to this clause, and to the extent permitted by law:

(a)        all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b)       Tracey Mylecharane Solicitor 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 Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of Tracey Mylecharane Solicitor is at your own risk. Everything on the Website, the Purchase Services, and the Products of Tracey Mylecharane Solicitor, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Tracey Mylecharane Solicitor make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Tracey Mylecharane Solicitor) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a)        failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)       the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(c)        costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(d)       the Content or operation in respect to links which are provided for the User's convenience;

(e)        any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f)         any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

User Generated Content

If you choose to contribute any content to the Website or any other platform operated by Tracey Mylecharane Solicitor, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

By contributing content to the Website or other platform, you grant Tracey Mylecharane Solicitor a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Tracey Mylecharane Solicitor.

Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Tracey Mylecharane Solicitor can use that information with Your Content for advertising and promotional purposes, or any other business purpose

You confirm you own or have the right to use any copyright material included in Your Content (including replies to Tracey Mylecharane Solicitor social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Tracey Mylecharane Solicitor. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

Please ensure you keep your own copies of Your Content as Tracey Mylecharane Solicitor may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

Tracey Mylecharane Solicitor will endeavour to provide you with an appropriate credit when using Your Content on Tracey Mylecharane Solicitor platforms, though you understand and agree this may not always be possible.

Tracey Mylecharane Solicitor reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

Information Disclaimer

Any information, content or documentation provided on the Website, including within the associated blog, Eproducts, Courses and accompanying materials, and the podcast ‘Rise Up In Business’ (‘the ‘Podcast’) 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 on the Website. 

Tracey Mylecharane Solicitor will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website including within the associated blog, Eproducts, Courses and accompanying materials, and the Podcast.  All information on the Website including within the associated blog, Eproducts, Courses and accompanying materials, and the Podcast is prepared so that it is current as at the date of writing or recording. It should be noted that such information can become out of date and you must make your own assessment of the information and rely on it wholly at your own risk.

All care is taken in the preparation of the information and published materials including in the blog posts, Courses, Eproducts, Podcast episodes on the Website or on any other related platform. Tracey Mylecharane Solicitor does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

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 in the blog posts, Courses, Eproducts, Podcast episodes on the Website or on any other related platform.

Mailing List Registration

You will be given the option to register for the Tracey Mylecharane Solicitor Mailing List (the 'Mailing List').

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

If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Tracey Mylecharane Solicitor.

Limitation of Liability

Tracey Mylecharane Solicitor' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Tracey Mylecharane Solicitor is the resupply of information or Purchase Services to you.

You expressly understand and agree that Tracey Mylecharane Solicitor, its affiliates, employees, agents, contributors, third party content providers and licensors 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.

Tracey Mylecharane Solicitor is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Tracey Mylecharane Solicitor, by third parties or by any of the Purchase Services offered by Tracey Mylecharane Solicitor.

Indemnity

You agree to indemnify Tracey Mylecharane Solicitor, its affiliates, employees, agents, contributors, third party content providers and licensors 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 any Content you post through the Website;

(b)       any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c)        any breach of the Terms.

Venue and Jurisdiction

The Purchase Services offered by Tracey Mylecharane Solicitor is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

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

Independent Legal Advice

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

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 the Terms shall remain in force.

No Conflict of Interest

You understand, agree and warrant that by subscribing to Tracey Mylecharane Solicitor’s mailing list, and/or by accessing or downloading any resources from the website you are not engaging Tracey Mylecharane Solicitor to provide professional services to you, nor will you become a client of Tracey Mylecharane Solicitor. You further understand, agree and warrant that any access to or download of resources from the website will not in any way give rise to a conflict of interest, either direct, indirect or perceived, which may prevent Tracey Mylecharane Solicitor from acting in any legal matter of which you are a party.