Terms and Policies
Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to https://michellec.co (the 'Website'). Where website design and training courses are offered (the 'Services').
1.2. The Website is operated by Michelle C (ABN 2552408319). Access to and use of the Website, or any of its associated Products or Services, is provided by Michelle C. 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.
1.3. Michelle C reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Michelle C 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.
Before you continue, we recommend you keep a copy of the Terms for your records.
2. 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 Michelle C in the user interface.
3. Registration to use the Services
3.1. In order to access the Services, you must first register for an account by contacting Michelle C by email or through the Website (the 'Account').
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
3.3. You warrant that any information you give to Michelle C in the course of completing the registration process will always be accurate, correct and up to date.
3.4. By using the Website you agree to be bound by the Terms (the 'Member').
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Michelle C; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Michelle C of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Michelle C providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Michelle C;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Michelle C for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1. Where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of:
(a) Stripe ('Stripe')
5.2. All payments made in the course of your use of the Services are made using Stripe ('Stripe'). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Services Fee 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 Services Fee.
5.4. You agree and acknowledge that Michelle C can vary the Services Fee at any time.
6. Refund Policy
Michelle C will only provide a partial refund of the Services Fee if the manager of Michelle C makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund'). Full refunds are never given. Refund amounts will be calculated based on services already provided, as calculated by Michelle C.
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Michelle C 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Michelle C or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Michelle C, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Michelle C does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Michelle C.
7.3. Michelle C retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
7.4. You may not, without the prior written permission of Michelle C 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
9. General Disclaimer
9.1. Nothing in the 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.
9.2. 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 the Terms are excluded; and
(b) Michelle C 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 Services or these Terms (including as a result of not being able to use
the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind, including, but not limited to, the implied warranties or merchantability or fitness for a particular purpose. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Michelle C make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Michelle C) 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 Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Michelle C; and
(d) the Services or operation in respect to links which are provided for your convenience.
9.4. Michelle C does not warrant or make representations regarding the use of materials in the site, the results of the use of such materials, the suitability of such materials of any user's needs of the likelihood that their use will meet any user's expectations, or their correctness, accuracy, reliability, or correction. Michelle C likewise does not warrant or make any representations of guarantees that you will earn money using the site or Michelle C's technology, trainings or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of of your business plan; the time you devote to your business, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. Since these factors differ among individuals, Michelle C cannot and does not warrant or make any representations or guarantees regarding your success or income level. Michelle C does not warrant that the use of materials will be uninterrupted or error free, that defects will be corrected, or that the site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. Michelle C shall not be responsible for any performance or service problems caused by any third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. Limitation of liability
10.1. Michelle C's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to
10.2. You expressly understand and agree that Michelle C, its affiliates, employees, agents, contributors 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.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Michelle C as set out below.
11.2. If you want to terminate the Terms, you may do so by:
(a) providing Michelle C with 7 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Michelle C has made this option available to you. Your notice should be sent, in writing, to Michelle C via the 'Contact Us' link on our homepage.
11.3. Michelle C may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
(b) Michelle C is required to do so by law;
(c) the provision of the Services to you by Michelle C is, in the opinion of Michelle C, no longer commercially viable.
(d) Michelle C believes that you have displayed inappropriate, bullying, aggressive, abusive behaviour, or any other behaviour that is not conducive to Michelle C continuing to effectively provide Services.
11.4. Subject to local applicable laws, Michelle C reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Michelle C's name or reputation or violates the rights of those of another party.
12.1. You agree to indemnify Michelle C, 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 Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
Your use of the Site and any dispute arising out of your use of it is subject to the laws of South Australia and the Commonwealth of Australia. These Terms are governed by the laws of South Australia and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in South Australia. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
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.
If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.
1. Collection of personal information
Personal information: The type of information we collect may include:
- contact details including email address, address and telephone number;
- any other information requested on this Site or otherwise requested by us or provided by you.
Your use of our Site: As with most online businesses, we may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
2.Collection and use of personal information
We collect and use the information for purposes including:
- to contact and communicate with you;
- for internal record keeping;
- for market research and business development including website development;
- for marketing including direct marketing;
- to run competitions or offer additional benefits to you;
- to send you promotional information about third parties that we think may be of interest to you; and
- for data analytics purposes.
3.Disclosure of personal information to third parties
We may disclose personal information to:
- credit reporting agencies and courts, tribunals and regulatory authorities where customers fail to pay for goods or services provided by us to them;
- courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you – which may include parties located, or that store data, outside of Australia; and
- third parties to collect and process data including but not limited to Google Analytics – which may include parties that store data outside of Australia.
If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible by law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith.
4.Your rights and controlling your personal information
Your provision of third party information: If you provide us with third party personal information then you warrant to us that you have the third party’s consent to provide this.
Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us via the Contact Form.
5.Storage and Security
We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We may use Google Analytics and similar software and services to collect and process your data from time to time. Information about how Google uses your data is located at www.google.com/policies/privacy/partners or any other URL which Google may provide from time to time.
7.Links to other websites