All purchases are final and nonrefundable.

The User may not, except with the Provider express written permission, distribute or commercially exploit any materials. The User may not transmit or store any materials on any website or other forms of the electronic retrieval system. The violation of any of the clauses expressly provided in this Terms, or other Terms And Conditions under this Website is a blatant violation of the Provider’s IP.

GENERAL TERMS AND CONDITIONS

(also referred to as ‘Terms”, T & C’s, or “Terms And Conditions”)

These Terms And Conditions contained herein on this webpage, govern your access to and use of all Websites (collectively referred to herein below to as “Website” or “Site”) that form the Network of the Michelle Irving (hereinafter – the “Provider”), including any content, functionality, and services offered on or through the website

www.michelleirving.com.au

By using the Website, opening an account, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service.

You must not use this Website if you have any objection to any of these Terms And Conditions. These Terms, including any other legal notices, privacy policy, payment policy, and disclaimers contained on this Website, constitute the entire agreement between the Provider and the User of the Website concerning his use of this Website and supersede all prior agreements and understandings with respect to the same.

This Website is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Website or the Provider services. By using this Website, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

Intellectual Property Ownership

During any contractual relationship, negotiation, presentation of ideas, use of the Website, purchase of Services, and similar the Provider has the full ownership of any Materials or ideas shared or produced.

 The User may not, except with the Provider express written permission, distribute or commercially exploit any materials. The User may not transmit or store any materials on any website or other forms of the electronic retrieval system. The violation of any of the clauses expressly provided in this Terms, or other Terms And Conditions under this Website is a blatant violation of the Provider’s IP.

All Product-related intellectual property solely developed by the Provider any time shall be owned by the Provider only.

All Project-related intellectual property invented, created, conceived or developed, as a direct result of the development of any Provider materials or ideas, without a specific contract that transfer the ownership, shall be owned exclusively by the Provider.

Provider Confidential Information / NDA

Subject to these Terms, Michelle Irving grants User a persona, non-exclusive, non-transferable, non-sublicensable, revocable license to download, display, and use the Website, including text, graphics, images, photographs, videos, data, displays, illustrations, and other content associated with the Site or Michelle Irving Group Content, for personal non-commercial use in connection with the Services.

This license does not include any right to, and you will not:

(a) sell, resell or commercially use the Website or Michelle Irving Group Content;

(b) copy, reproduce, distribute, publicly perform or publicly display the Site or Michelle Irving Group Content;

(c) modify the Site or the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Site or Content;

(d) use any data mining, robots or similar data gathering or extraction methods on the Website; and

(e) use the Site or Content other than for their intended purposes.

The Website is protected by the copyright laws of Australia – AU, international treaties and conventions, and other taws, and Michelle Irving Group retains all right, title, and interest in and to the Site, including all intellectual property rights associated with the Website.

Infringement and Indemnity

If the Provider determines that any material under is IP is being infringed by the User's activities and that such infringement could affect him under this Terms, or any other agreement, it will promptly notify the User in writing.

Besides, if the Provider determines that any Licensed know-how or idea is being misappropriated by the User's activities and that such misappropriation could affect him under this Terms, or any other agreement, it will promptly notify the User in writing.

The User shall indemnify and hold the Provider harmless in respect of any damages incurred as a result of any breach of this Terms, or other agreements, by the User.

The User acknowledges that in the event of a breach or threatened breach of any provisions about the Provider’s IP, inside any Agreement or Terms, the harm suffered by the Provider would not be compensable by monetary damages alone and, accordingly, the Provider shall, in addition to other available legal or equitable remedies, be entitled to injunctive relief against such breach or threatened breach.

All expenses costs, fees, damages, losses, and royalties or other amounts paid in settlement incurred in connection with an Infringement Allegation shall in no way be the burden and/or responsibility of the Provider but shall be the sole burden and/or responsibility of the User.

Limitation of liability

In no event will the Provider, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any materials linked to it, any content on the Site or such other websites or any services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Neither the Provider nor any of his agents or nominees shall be liable for the management or performance of any services (including any reduction in the value); and any taxes or duties payable in respect of any services.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

In countries where exclusions or limitations of liability are allowed, the Provider, its affiliates, suppliers or distributors won’t be liable for:

1. any indirect, special, incidental, punitive, exemplary, or consequential damages, or
2. any loss of use, data, business, or profits, regardless of legal theory.

 

these exclusions or limitations will apply regardless of whether or not the Provider or any of its affiliates has been warned of the possibility of such damages.

Risk Disclosure

The User is the only responsible for determining whether the use of any of the Provider services is legal in his jurisdiction.

If you are uncertain, please seek independent legal advice.

The Provider may be forced to suspend or discontinue or to change aspects of any services in any jurisdictions if demanded by the regulators or Applicable Law, without notice and for whatever reason. In such a case, all the Services may be frozen for an indefinite period until the matter is resolved.

 The Provider shall not be liable for any delay, error, interruption or failure to perform any obligation under these General Terms, where the delay or failure is directly or indirectly resulting from any cause beyond control, including but not limited to:

• acts of God, nature, court or government;
• (failure or interruption in public or private telecommunication networks, communication channels or information systems;
• acts or omissions of acts of a party for whom we are not responsible;
• delay, failure or interruption in, or unavailability of, third-party services;
• strikes, lockouts, labour disputes, wars, terrorist acts and riots.

 

You understand and agree that you use the Provider services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the services. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.

Prohibited Conducts

You agree to use the Site following these Terms and applicable laws and regulations.

You will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Website.

In connection with your use of the Site and the Services, you will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Impersonate another person or log in to an account which you are not authorized to access;
• Use or attempt to use another User, account without authorization from that User and the Provider;
• Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the Site and the Services or that could damage, disable, or impair the functioning of the Website and the Services in any manner.
• Interfere or attempt to interfere with service or any user, host or network, including by way of introducing a virus, overloading, -flooding" or crashing, or sending unsolicited e-mail, promotions or advertisements;
• Reverse engineer, decompile, or disassemble any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Website; or
• Develop or use any third-party applications that interact with the Website or Services without our prior written consent, including any scripts designed to scrape or extract data from the Site.

 

The client understands and agrees that he/she is voluntarily choosing to use the Website and is solely responsible for any outcomes or results.

While the Provider believes in its services and that all the products can help many people, you as the Client acknowledge and agree that the Provider is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications.

General Terms

This Website is provided “as is,” with all faults, and the Provider makes no express or implied representations or warranties, of any kind related to this Site or the materials contained on this Site. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

 Certain areas of this Site are restricted from access and the Provider may further restrict access to any areas of this Website, at any time, in its sole and absolute discretion.

Any user ID, Login and password the User may have for this Website are confidential.

 The User agrees not to perform any actions through the Site that violate: the provisions of these Regulations, guidelines published on the Website, the Website policy, legal provisions, or good morals.

 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 Violation of Provider's Terms of Service and/or Community Standards may get your account disabled permanently.

The Agreements will continue to apply to you until terminated by either you or the Michelle Irving Group.

Michelle Irving Group  may terminate the Agreements or suspend your access to the Site at any time. If you or the Provider terminate the Agreements, or if the Michelle Irving Group suspends your access to the Site you agree that the Provider shall have no liability or responsibility to you and the Michelle Irving Group will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

To learn how to terminate your account, please contact us through the Customer Service contact.

The Provider may make changes to its Terms of Service from time to time. When these changes are made, the Provider will make a new copy of the Terms available on this page. Using this Site the User is expected to review such Terms regularly to ensure he/she understands all Terms And Conditions governing the use of this Website.

Governing Law

These Terms shall be construed and governed in accordance with the laws of the Website Owner’s jurisdiction, and you submit to the non-exclusive jurisdiction of the Website Owner’s jurisdiction for the resolution of any disputes.

Any dispute arising out of or in connection with this Terms or any services, unless amicably settled between the Parties, shall be referred to the competent court or other dispute resolution authority, determined as per the procedural law of Website Owner’s jurisdiction. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority cannot consolidate or join more than one claim and cannot otherwise preside over any form of a consolidated, representative, or class proceeding.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this Terms will be deemed void. 

Our address is:

35 Marne Street, South Yarra, Melbourne, Victoria, Australia 3141.

Email: [email protected]

PAYMENT POLICY & PROCEDURE

The purpose of this Payment Policy & Procedure (hereinafter – the “Payment Policy”) is to establish operational processes and procedures for all Websites that form the Network of the Michelle Irving (hereinafter – the “Provider”) to minimize risk and provide the greatest value.

 The following payment policy is considered part of the Terms and Conditions of the Website www.michelleirving.com.au

Hereinafter the Website www.michelleirving.com.au and every website that form the Network of the Michelle Irving will also be referred jointly to as ‘Website’ or ‘Site’.

By making any purchases through the Site (individually and collectively, the “Service”) you are accepting and agreeing to be bound by each of the conditions of sale and other Terms set forth herein.

The Service is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Website or the Provider services. If you do not meet all of these requirements, you must not access or use the Website without the supervision of an adult.

Definition

• Account: means an account registered by the User on the Platform.
• Agreement on the Storage of the Cardholder’s Credentials (hereinafter “ASCC”): the agreement between the Michelle Irving and the User. ASCC authorises the Provider and its payment service provider to store the User’s name, surname, card expiry date, and PAN number and/or to process transactions initiated by the User.
• Bank: means any bank, which collects payments made by the Users.
• Bank transfer: means an electronic transfer of the User's Funds from one bank/financial institution to another.
• Banking Day: means the part of a day on which the Bank is open to the public for carrying on substantially all of its banking functions.
• Cardholder: means any User, who makes payments on the Platform using a Payment card.
• Deposit: means a transfer of a certain amount of money to the User’s Account via a Payment card or Bank transfer.
• Online bank transfer: means a technical connectivity service enabling any User to fund their Accounts with a valid bank account by submitting an electronic transfer request to payment.
• Order: means a personal application to the Terms of Use making a purchase by the User.
• Payment card, Card, Debit card, Credit card: means a payment card Visa, Visa Electron, MasterCard or Maestro, which is used by the User as the means of payment on the Platform.
• Rules of International Payment Systems: means any rule, instruction, recommendation, etc., of MasterCard and/or Visa, which regulates order of processing transactions, technical requirements for processing transactions, as well as other provisions on acceptance of a Payment card.
• PayPal/Stripe: American companies operating a worldwide online payment system that supports online money transfers and serves as an electronic alternative to traditional paper methods like checks and money orders.
• User or Consumer: means a person or an entity that uses the Services, agrees to follow the Terms of Use and is a holder of an Account for purposes which are outside his business;
• Content: means any material in any form published on Our Website by us or any third party with our consent.
• Installment: This means an installment required in relation to a Payment Plan.

Agreement on the storage of the cardholder’s credentials (ASCC)

Before you can submit your order you may be required to provide a valid payment card number and associated information for a payment card that you are authorised to use, including any or all of the following:

• your name as it appears on the card;
• the credit or debit card type;
• the card, expiration date;
• any activation numbers or codes needed to charge your card; and
• the billing address or Sp code or postal code associated with the card
• or the Provider’s possibility to provide appropriate services it should obtain from the User, with the explicit consent, to store these credentials, in order to enable fast and safe payment, every time with the User’s explicit consent.

You authorise the Provider and our payment processor, as applicable, to use information you submit to charge your card or other payment methods for the price you submitted, in addition to any taxes, fees, and charges as described in these Terms,

• at our convenience, including as early as at the time the order is submitted; or
• for Website submissions, after you have confirmed your payment.

The User can accept or not accept the ASCC within the first payment process and every time before the transactions.

An online cancellation procedure for the ASCC is simply and easily accessible and is linked with the process of payment card removal.

You authorize us or our third-party payment processor to store your payment card information and, if needed, to continue billing your card.

Price

All the prices are indicated with the specific Service.

The price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the changed price.

If you have purchased a Service that is on a scheduled Payment Plan must be paid off in full according to the schedule listed on the order form/order confirmation.

All services are billed in Australian Dollars (AUD).

Please, be informed that in case the User’s local currency is different from Australian Dollars (AUD), it will be automatically converted into the above-mentioned currency. 

Payment Method

For the Users’ convenience, the Provider offers several payment methods.

The variety of payment methods that are accepted may not be available or limited, as reflected in the purchase tool.

The Provider reserves the right, in its sole discretion, to accept only some of the services mentioned below:

• Bank Transfer

The Provider will accept from the User only transfer from Bank on which he/she is indicated as the account holder.

• Card Payment

The provider will accept only verified payment cards.

The User has the right to use several Payment cards as long as they are verified.

• Paypal

     Your payment will be processed before the service runs.

Upon selecting the Service, Consumers will be directed to a sales page whereby payment details are provided. Once completed, Consumers will receive an Invoice through their nominated email account. The Invoice will include a unique identifying number, this document authorises the charges concerning the Services to your Card.

• Stripe

     Your payment will be processed before the service runs.

Upon selecting the Service, Consumers will be directed to a sales page whereby payment details are provided. Once completed, Consumers will receive an Invoice through their nominated email account. The Invoice will include a unique identifying number, this document authorizes the charges concerning the Services to your Card.

 It is your responsibility to print or save a copy of each online invoice and retain such copy for your records.

 If the Provider makes an error on your invoice, you must contact us within 30 days after the error first appears on your bill.

The Provider will then promptly investigate the charge. If you do not contact us within that time, you release the Michelle Irving from all liability and claims of loss resulting from the error and the Provider will not be required to correct the error or provide a refund.

 In the event the charge does not go through, you may be able to re-submit a payment method.

For automatically renewing, we'll charge your payment method before the renewal time unless the service is canceled or you decline to renew it.

 If you are paying by payment card, we or our third-party payment processor may run one or more payment card authorisation checks on your card before then.

Automatic Renewal and Cancellation

On Your renewal date, the Provider will renew your contract automatically for the number of Services associated with your account unless you cancel or modify your subscription to the Services.

You may cancel the Services at any time, with or without cause.

You should refer back to the offer describing the Services as

• You may not receive a refund at the time of cancellation;
• (You may be obligated to pay cancellation charges;
• You may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and/or
• You may lose access to and use of Your account when you cancel the Services.

Suspension of Services

If the invoicing for the Services is not successful due to insufficient funds on Your part, the Provider may suspend or cancel the Services. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of Your account and its content.

 If you are not able to pay an installment under a Payment Plan at the renewal time, we will process the payment a second time.

If the payment fails again and it would not be paid in 48 hours from the notice, the full amount then outstanding becomes immediately due and payable.

In this case, you authorize us to arrange the withdrawal of any outstanding funds on your payment method without further reference to you.

This includes, from the due date for payment until the date payment is received and capitalized:

- penalty, and

- interest on overdue amounts (charged at a rate of 2% per annum). This provision is expressly higher than the rate set by the Penalty Interest Rates Act 1983 (Vic).

Communication

For all payments, you must ensure there are sufficient funds available through the use of your payment method. You agree to notify us promptly in writing if the ASCC payment specified in any Plan is without funds, cancelled, suspended, due to expire, or otherwise ceases to be operative.

In this case, you must immediately register another payment method or pay the outstanding balance of installments and all other monies payable under this agreement.

 Refunds

All sales are final. Except as otherwise provided herein, any store credit(s) in your account will be applied to purchases, and will not be paid to you as a refund.

If a transaction exceeds the value or remaining balance of your store credit(s), the balance of the purchase price must be paid by you.

Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.

 For subscribers residing in the EU or European Economic Area:

In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way the Services have been provided to you.

General Terms

Our Services may be provided by email / made available for you to download / in the way we have explained in our Website.

Services do not include Internet access. You are responsible for paying the fees charged by your Internet access or Wi‑Fi providers.

If you access the Services through wireless devices (for example, phones and tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. You are solely responsible for any costs you incur to access the Services through any wireless or other communication services.

If we are not able to provide your Services within [10] days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.

We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.

If we change the nature or provision of the Services, you may terminate this contract.

We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of downtime, we will tell you in advance.

Please note that Michelle Irving will appear as the payee on your payment method.

Governing Law

These Terms shall be construed and governed in accordance with the laws of the Website Owner’s jurisdiction, and you submit to the non-exclusive jurisdiction of the Website Owner’s jurisdiction for the resolution of any disputes.

Any dispute arising out of or in connection with this Terms or any services, unless amicably settled between the Parties, shall be referred to the competent court or other dispute resolution authority, determined as per the procedural law of Website Owner’s jurisdiction. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority cannot consolidate or join more than one claim and cannot otherwise preside over any form of a consolidated, representative, or class proceeding.