TERMS AND CONDITIONS OF SALE
THE POSITIVE LAWYER SITE
Welcome to The Basalt Group and to our The Positive Lawyer® Sites (our Online Store).
The Positive Lawyer® owns and operates this Online Store which may be made available on any of our clickfunnels, websites, landing pages, or Online Stores from time to time, as well as any associated software, programs and apps, as available for use and download on Android and iOS devices.
Creative Planet Pty Ltd as the Trustee for The Creative Planet Trust, trading as ‘The Positive Lawyer’ (ABN 84 558 995 183) (The Basalt Group, The Positive Lawyer®, we, us, our) is a consulting and training business that offers services in legal project management and associated disciplines to individuals and businesses.
These Terms and Conditions (Terms) govern your use of our Online Store, and our products and services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to The Basalt Group in writing at email@example.com before using our Online Store, buying our products, or engaging our services.
The Positive Lawyer® products and services are intended for users aged 18 and over.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
These Terms were last updated in November 2018.
1 ACCEPTANCE OF TERMS
1.1 By browsing, accessing, downloading, purchasing, or using the products and services offered on our Online Store, whether or not you have purchased or engaged our products and services either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business, you acknowledge that you have read and understood these Terms and agree to be bound by them.
2 VARIATIONS TO TERMS
2.1 The Positive Lawyer® reserves the right, in its sole discretion, to vary, change or amend any part of these Terms.
2.2 In that event, The Positive Lawyer® will provide notice of the variation by publishing the updated Terms on our Online Store.
2.3 The updated Terms will be taken to have effect on the date of publication.
2.4 Your continued use of our products and services and the Online Store constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.5 Should you object or disagree to these Terms, you must discontinue your use of our products and services, and our Online Store.
3.1 Before you purchase our products and services through our Online Store, you may be required to register an account with us.
3.2 To register an account, you must provide us with accurate, complete and up-to-date user information, as requested from time to time, and it is your responsibility to inform us of any changes to your user information.
3.3 We may at any time request documents to verify your identify either at, or after, the time of registration.
3.4 You must ensure the security and confidentiality of your registration details, including any username and/or Password at all times. You must notify us immediately if they become aware of any unauthorised use of your registered details.
3.5 Once registered as a user, you must not allow any other person or user to use your Password or your account or to share our products and services with anyone else.
3.6 If you are using our products or services, you acknowledge and agree that:
(a) You are solely responsible for protection and confidentiality of any password or user identification that may be issued to at the time of registration or from time to time (Password);
(b) You will not reveal (or cause to be revealed through any act or omission) your Password to any other person, other than yourself;
(c) You will not cause any of the products and services that are available on our Online Store to be revealed or supplied to any other person or business;
(d) You will immediately notify us if your Password is lost or becomes known to any other person;
(e) You are solely responsible for all access to and use of this Online Store via your Password, whether such access or use is by you or any other person; and
(f) Any information you provide to us for posting or inclusion in our The Positive Lawyer®Community, at any time, becomes our property.
4 ONLINE STORE TERMS
4.1 You may buy products and services offered online by us by completing the order form available on our Online Store. To buy products and services via our Site, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
4.2 Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferable right to access and use our Online Store for your own personal use. You must not exploit any of Our Content for commercial benefit. Any other use of our Online Store is expressly prohibited.
4.3 You must not use the Online Store to:
(a) provide or upload false or misleading information, create a false identity or use or attempt to use another person’s Online Store account;
(b) hack into any part of our Online Store through password mining, phishing, or any other means;
(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
(d) circumvent the Online Store’s structure, presentation or navigational function so as to obtain information the Law Society has chosen not to make publicly available through the Online Store;
(e) act in a manner that negatively affects other users, including through a denial-of service attack or a distributed denial-of-service attack;
(f) transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to products or services that are not deemed items, unless expressly authorised by The Positive Lawyer®; or
(g) attempt to modify, reverse engineer, or reverse-assemble any part of Basalt Group’s Online Store.
4.4 Without limiting clause 4.3 above, you must comply with all applicable laws, regulations, codes or standards when using the Online Store.
5.1 To the extent that you provide any personal information to us, where Personal Information has
the same meaning as in the Privacy Act 1988 (Cth), and The Positive Lawyer® will treat such
6 PLACING YOUR ORDER
6.1 You may place an order to purchase The Positive Lawyer® ’s products and services via our Online Store or directly via correspondence with one of our representatives.
6.2 Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us within our sole discretion.
6.3 All orders will be processed on business days in New South Wales, Australia, which are Monday to Friday, excluding public holidays.
7 ORDER PROCESS
7.1 Any order you submit via our Online Store is subject to our acceptance of your order and the availability of items. Until you complete a purchase, any item(s) in your cart are not reserved and may be purchased by other customers.
7.2 You must pay for an item at the time you place your order through our Online Store and The Positive Lawyer® will deduct all amounts owing at the time of processing your order.
8 ONLINE STORE AVAILABILITY AND CHANGES
8.1 The Positive Lawyer® may withdraw and/or re-offer any item listed for sale on its Online Store, including any landing pages and/or any other medium if the item:
(a) becomes unavailable; or
(b) was incorrectly described or listed.
9 DISCOUNTS, PROMOTIONS AND OFFERS
9.1 From time to time, The Positive Lawyer® may offer the opportunity to purchase its products and services at a discounted or promotional price on our Online Store, subject to these Terms.
9.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Online Store.
10.1 Prices for our products and services vary and are dependent upon the type of products and services purchased.
10.2 All prices for The Positive Lawyer® ’s products and services are in Australian dollars (AUD) and as displayed via our Online Store or otherwise confirmed verbally at the time of purchase.
10.3 Prices include GST unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, where applicable.
10.4 All prices are subject to change without notice, except as displayed online or confirmed verbally at the time of purchase.
10.5 All products and services are offered for sale subject to availability. If an item is out of stock or not being run at a certain point in time, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.
11.1 Invoices and receipts for any of The Positive Lawyer® products and services are automatically generated to the email address entered at the time of purchase or as registered to your account, but can otherwise be requested at any time by emailing firstname.lastname@example.org.
11.2 In circumstances where we invoice you for payment, payment becomes due and payable in accordance with the date prescribed on that invoice Failure to make payment by the payment due date may lead to suspension or termination of our products and services in accordance with clause 20.
11.3 Some of our payments are operated through an online and automated billing system, through the use of a default payment provider (Online Payment). Our default payment provider may include Stripe, PayPal and other such providers as nominated and available on our Online Store from time to time. Where your payments are made via Online Payment:
(b) You authorise us to debit your account for a once-off payment, or a periodic payment (as the case permits), to ensure payments are made in accordance with our default payment provider (i.e. Stripe).
(c) You agree to ensure sufficient funds are available in your nominated account to meet each payment.
(d) In the event there are insufficient funds in your nominated account to meet the periodic payment, or where the periodic payment is in default, we reserve our right to charge you a fee.
(e) In that event, you also authorise us to debit your nominated account within 3 business days of the initial default, for the periodic payment and any associated fee referred above.
11.4 Any default in payment by the payment date may lead to suspension, or termination of the Online Store or our products and services in accordance with clause 20.
12 REFUNDS AND CANCELLATION POLICY
12.1 For all corporate clients and their users, any cancellation or refund requests are to be determined in accordance with the terms of any services agreement you have entered into with us.
12.2 For all individual clients and users, any cancellation or refund request will be assessed on a case-by-case basis, in accordance with the costs associated with each product or service delivered by The Positive Lawyer® to you, or otherwise where The Positive Lawyer® determines in its sole discretion that genuine value has not been received or is not able to be received by you.
12.3 Cancellation or refund requests must be made in writing to us at email@example.com.
12.4 Nothing in these Terms is intended to exclude or limit your rights as a consumer in accordance with the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law set out in Schedule 2 of this Act (ACL) whereby any refunds or claims in respect of our goods and/or services is limited to the following, at our option, unless otherwise compelled to do so by law or a Court of competent jurisdiction, as follows:
(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
13 PRODUCTS AND SERVICES DISCLAIMER
13.1 All of The Positive Lawyer® products and services are intended for consulting, educating and training in legal project management and associated disciplines primarily for individuals, but also businesses. Our products and services are primarily in the form of online education and training modules, or otherwise as facilitated in person through workshops and seminars from time to time, where we aim to provide with frameworks, tools and templates for our students to develop skills and strategies to be on time and within budget within the legal services sector. Students may include lawyers, employees other professionals alike that are employed by, or undertake work within the legal services and professional services sector.
13.2 Nothing on our Online Store, or any of the content provided to you by us in the supply or in connection with our products and services, purports to offer any legal, financial, business, information technology or other professional advice. You acknowledge and agree that we are educators first and foremost, and that we aim to teach skills and equip you with frameworks, tools and templates for your own navigation, implementation, development and use. Before acting on any recommendations and information you receive in connection with our products and services you acknowledge and agree to seek such other independent professional advice as required. We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold The Positive Lawyer® harmless for any loss suffered as a result of our recommendations and information supplied in connection with our products and services and in accordance with this Online Store and further acknowledge and agree that the indemnities under clause 12 are considered reasonable.
13.3 The Positive Lawyer® is not a legal services provider and cannot provide any legal advice or business advisory services relative to the suitability of our products and services. You are solely responsible for determining whether our products and services are suitable for use in accordance with any laws and regulations that govern you, your employ within a business, and your employer’s industry.
14 RESULTS AND PROFITABILITY DISCLAIMER
14.1 The Positive Lawyer® ’s products and services are educational, and consultancy based only and the extent of any results to be attained by you whether for your own personal or professional development is dependent upon you solely.
14.2 The Positive Lawyer® teaches skills, provides support, guidance and supplies frameworks, tools, templates and strategies for its students, i.e., you, to set goals, determine priorities and achieve results, but any decisions made, and the consequences that flow from those decisions, is your sole responsibility. Your success depends on many factors, including your own commitment, dedication, desire, and motivation, your dissemination and application of our education and training modules to your own circumstances or to that of the business you are in the employ of, considering your own personal and professional development, or your employer’s capabilities, and the general economic climate.
14.3 The Positive Lawyer® cannot and does not make any guarantees about your ability to obtain personal or business results or improve business profitability in connection with our products and services, particularly arising from our education, training, ideas, information, publications, frameworks, tools, templates and/or strategies. You acknowledge that there is inherent uncertainty in any personal and professional development, professional enterprise and revenue generating activity and agree there is no guarantee that personal and professional development, efficiency, productivity or profitability will improve or increase as a result of your use and supply of our products and services.
14.4 Any testimonials and examples published online, whether on our Online Store, The Positive Lawyer® Community, or through our social media handles, or within our marketing materials, are not to be taken as a guarantee that you will achieve the same or similar results.
15 INTELLECTUAL PROPERTY, COPYRIGHT AND TRADE MARK NOTICES
15.1 The Positive Lawyer® reserves all intellectual property rights, including but not limited to copyright in any and all content available, accessed or downloaded from our Online Store. All such content is protected under the Australian Copyright Act 1968 (Cth), through international treaties, and protected in other countries, as a collective work(s) and/or compilation(s), pursuant to international copyright laws and international conventions.
15.2 All content available via the Online Store, or otherwise delivered by us in the supply of our products and services, including (but not limited to) audio and visual recordings, film and video, soundbites, presentations, publications, course materials, education/training modules, guides, frameworks, tools and templates, text, graphics, information architecture, underlying software programming and coding (Our Content), is subject to copyright.
15.3 The Positive Lawyer® grants you a non-exclusive, non-transferrable license to our Content for education and training purposes only where you may browse, access, download, or print our Content for non-commercial, personal or internal business use, however you must obtain our prior written consent if you wish to use, distribute, copy or reproduce our Content, or anything on our Online Store. You agree not to use, distribute, copy or reproduce our Online Store, or any of Our Content for any other purpose without our express written consent.
15.4 Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. You agree that you must not disassemble, decompile, reverse engineer or otherwise attempt to discover any of Our Content or source code contained in the Online Store. Without limiting the foregoing, you agree not to modify, disassemble, decompile, reverse engineer, sell, resell, or exploit for any purposes any aspect of the Online Store and Our Content.
15.5 You acknowledge that you do not acquire any ownership rights by using the Online Store or Our Content.
15.6 The trademarks, logos, and service marks displayed on our Online Store are the registered or unregistered trademarks of The Positive Lawyer®. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to The Positive Lawyer®, in any manner that is likely to cause confusion with customers, or in any manner that disparages The Positive Lawyer®.
15.7 Nothing contained on this Online Store or in The Positive Lawyer® Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.
15.8 Violations of our intellectual property including copyright, trademarks and other proprietary rights and is strictly prohibited and you agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that The Positive Lawyer® will be entitled to seek interlocutory (injunctive) relief if such steps are necessary to prevent violations of its intellectual property and other proprietary rights.
16.1 While The Positive Lawyer® will reasonably endeavour that its Online Store is available continuously, The Positive Lawyer® does not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.
16.2 Your access to the Online Store may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control.
16.3 Except as expressly provided otherwise in the Terms, The Positive Lawyer® reserves the right to change or discontinue any Online Store feature or service (or part thereof) on the Online Store at any time.
17 THIRD PARTY LINKS, AFFILIATES & SPONSORS
17.2 As affiliates of certain products and services we may also receive compensation for recommending, endorsing or promoting products and services as featured on our Online Store,via The Positive Lawyer® Community or in the course of delivering our products and services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those products and services which are not our own.
17.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain products and services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored products and services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted products and services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
18.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including but not limited to legal costs and disbursements on a full indemnity basis) whether incurred or suffered by you, or us, as a direct, or indirect consequence of using, or attempting to use our information, products, services, or for any breach of these Terms by you, or your agents.
18.2 We are not responsible, and expressly limit our liability to the extent permitted by law in accordance with clause 13 above, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site, The Positive Lawyer® Community or by engaging with us for our products and services.
19 LIABILITY IS LIMITED
19.1 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
19.2 In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, our products or our services.
19.3 These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
(a) Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
(b) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
(c) Accessing websites or servers maintained by other organisations through links on our Site, The Positive Lawyer® Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
(d) The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
20.1 If The Positive Lawyer® reasonably considers that you have breached these Terms, The Positive Lawyer® may (at its option, and without limiting the remedies available to it in any way) bar you from accessing the Online Store on a permanent or temporary basis. If this occurs, you must not access or use the Online Store during the period of your suspension.
21.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
22.1 Clauses 15 and 23 survive termination or expiry of these Terms together with any other term by which its nature is intended to do so.
23 DISPUTE RESOLUTION
23.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause 23 herein.
23.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
23.3 In the case of claims against us, all notices are to be provided to firstname.lastname@example.org.
23.4 If the dispute is not resolved by agreement within five business days of the Second Party receiving the notice referred to above, either party may refer the matter to any alternate dispute resolution processes such as mediation, arbitration or expert determination, as elected by the either party in writing.
23.5 Once an alternate dispute resolution process has been elected, the parties are to make arrangements for, in the case of:
(a) Mediation, to conducted by a mediator agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
(b) Arbitration, to be conducted by an arbitrator agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
(c) Expert determination, to be conducted by an expert agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
23.6 Once either a mediator, arbitrator or expert is appointed, the parties agree that:
(a) The costs of the alternate dispute resolution process shall be borne equally between the disputing parties.
(b) The chosen mediator, arbitrator or expert, shall determine the procedures for mediation.
(c) The chosen mediator, arbitrator or expert, will not have the power or authority to make any other determination in relation to the dispute.
23.7 If the parties have not reached a resolution of the dispute within ten business days of the selection of a mediator, arbitrator or expert, neither party shall be obliged to continue any attempt at alternate dispute resolution under this clause 23, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
23.8 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
24 APPLICABLE LAW
24.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the non-exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.
25 CONTACT US
25.2 If you have questions or comments regarding our Online Store or The Positive Lawyer® products and services, please email us at email@example.com.
Business Name: The Basalt Group
ABN: 84 558 995 183
© Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2018). All Rights Reserved.