Terms and Conditions

1. About the Website

1.1. Welcome to www.indigojourney.com.au. This Website provides online coaching,

programs, professional supervision, consultancy and therapy.

1.2. The Website is operated by Tracy Whitmore @ Indigo Journey. Access to and use

of the Website, or any of its associated Products or Services, is provided by Tracy

Whitmore. Please read these terms and conditions 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. Tracy Whitmore reserves the right to review and change any of the Terms by

updating this page at its sole discretion. When Tracy Whitmore updates the Terms,

they 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

Tracy Whitmore 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 through

contact on the Website.

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) Email address

(b) Preferred username

(c) First and last name

(d) Phone number

3.3. You warrant that any information you give to Tracy Whitmore in the course of

completing the registration process will always be accurate, correct and up to date.

3.4. Once you have completed the registration process, you will be a registered member

of the Website and agree to be bound by the Terms.

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 Tracy Whitmore; 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 Tracy Whitmore 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 Tracy Whitmore 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 Indigo Journey;

(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 Tracy

Whitmore 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. Payment

5.1. Where the option is given to you, you may make payment for the Services by way

of:

(a) PayPal

(b) Electronic Transfer

(c) Credit Card

(d) Cash

5.2. All payments made in the course of your use of the Services are made using

Paypal, unless otherwise stated. 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 Paypal 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 Tracy Whitmore can vary the Services Fee at any

time .

6. Refund Policy

Tracy Whitmore will only provide you with a refund of the Services Fee in the event they

are unable to continue to provide the Services or if the manager of Indigo Journey makes a

decision, at its absolute discretion, that it is reasonable to do so under the circumstances.

7. Copyright and Intellectual Property

7.1. The Website, the Services and all of the related products of Indigo Journey 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 Tracy

Whitmore or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or

licensed by Tracy Whitmore, who grants to you a worldwide, non-exclusive, royaltyfree,

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.

7.3. Tracy Whitmore does not grant you any other rights whatsoever in relation to the

Website or the Services. All other rights are expressly reserved by Tracy Whitmore.

7.4. Tracy Whitmore 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.

7.5. You may not, without the prior written permission of Tracy Whitmore 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.

8. Privacy

8.1. Tracy Whitmore takes your privacy seriously and any information provided through

your use of the Website and/or Services are subject to Indigo Journey’s Privacy

Policy, which is available on the Website.

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) Tracy Whitmore 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. None of the affiliates, directors, officers, employees, agents,

contributors and licensors of Indigo Journey make any express or implied

representation or warranty about the Services or any products or Services

(including the products or Services of Tracy Whitmore) referred to on the Website.

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 Indigo Journey; and

(d) the Services or operation in respect to links which are provided for your

convenience.

10. Limitation of liability

10.1. Tracy Whitmore’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

you.

10.2. You expressly understand and agree that Tracy Whitmore, 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 Tracy

Whitmore as set out below.

11.2. If you want to terminate the Terms, you may do so by:

(a) providing Tracy Whitmore with 14 days days’ notice of your intention to

terminate; and

(b) closing your accounts for all of the services which you use, where Tracy

Whitmore has made this option available to you.

Your notice should be sent, in writing, to Tracy Whitmore via the ‘Contact Us’ button

on our homepage.

11.3. Tracy Whitmore may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) Tracy Whitmore is required to do so by law;

(c) the provision of the Services to you by Tracy Whitmore is, in the opinion of

Tracy Whitmore, no longer commercially viable.

11.4. Subject to local applicable laws, Tracy Whitmore 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 Tracy Whitmore or Indigo Journey’s name or reputation or violates

the rights of those of another party.

12. Indemnity

12.1. You agree to indemnify Tracy Whitmore, 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.

13. Dispute Resolution

13.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses have

been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute has arisen under the Terms, must give written

notice to the other party detailing the nature of the dispute, the desired outcome and the

action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice by that other party, the parties to the Terms must:

1.1. Within 14 days days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

1.2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not

been resolved, the Parties must either agree upon selection of a mediator or request

that an appropriate mediator be appointed by the President of the Australian Mediation

Association or his or her nominee;

1.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and

the cost of the venue of the mediation and without limiting the foregoing undertake to

pay any amounts requested by the mediator as a pre-condition to the mediation

commencing. The Parties must each pay their own costs associated with the

mediation;

1.4. The mediation will be held in Geelong or online , Australia.

13.4. Confidential:

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as “without prejudice” negotiations for the purpose of applicable laws of

evidence.

13.5. Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.

14. Venue and Jurisdiction

The Services offered by Tracy Whitmore 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 Victoria, Australia.

15. Governing Law

The Terms are governed by the laws of Victoria, 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 Victoria, 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.

16. 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.

17. 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.