Terms & Conditions

Greetings, brave heart! This website, www.michellewhitehead.com.au, is owned and operated by me, M M Whitehead, ABN: 91968443292.

If you have any questions or need further information, please feel free to contact me at michelle@michellewhitehead.com.au.

Contact Information

Office Address: I do not provide an office address, as I work from home and wish to protect my family’s privacy. However, I am happy to conduct interviews with you using Zoom at our mutual convenience. You can book in a time here.

Postal Address: PO Box 438, South West Rocks, NSW 2431

Email: michelle@michellewhitehead.com.au

Phone: 0436291346

This document sets out the Terms and Conditions you need to be aware of when using this website. Please take a moment to read them, as they set out your important rights and obligations and I care about making sure we both know where we stand. When you visit this website, use my services or purchase my products, you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t accept this agreement, you should not continue to visit this website or purchase anything from me.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

There may be additional specific terms of service relevant to my services and products. These are listed and linked below in the section on Terms of Purchase & Terms of Service. If you have any questions about these terms, or if anything in them does not seem fair to you, please contact me to discuss your concerns before you make a purchase. If there is any inconsistency between these Website Terms & Conditions and those specific terms, this document is overruled to the extent of the inconsistency. Where specific terms are not provided, the general terms below apply. 

Content Disclaimer

On this website and social media accounts you may find blog posts, checklists, stories, webinars, educational material and information about the legal, risk management and dispute resolution needs of small businesses. You will also find quite a lot of metaphor, imagination and mindset work, because I believe that the safety of your business is inextricably entangled with your belief in your integrity as a business owner. This information is provided for your personal and professional development, to assist you in understanding good management issues relating to the ownership of a small business (especially a business that doesn't fit into a traditional box). My intention is to help you ground your business on solid foundations, develop a deeper understanding of best practice, and grow in confidence as you bring your work to the world. I want to set you & your business up for success because, as an educated, enlightened, empowered small business owner, you have the potential to make a difference to the future of humanity. 

MY RIGHTS & RESPONSIBILITIES

The information provided is based on thorough research and my own professional knowledge. I take every care to ensure that it is accurate. However, I am human and I may make mistakes. If you read something that doesn’t sound right to you, please contact me to discuss it. Also, I am only providing general information that is in no way a substitute for legal or professional guidance tailored to your specific circumstances. I am not responsible for the decisions you make or actions you choose to take based on that general information. 

Your visit to my website - or your purchase of a DIY Pack or training program - does not create a legal professional relationship between us. My Initial Consultations, DIY Packs, Serenity Connective membership and all of my Courses do not constitute a legal service. If you have any doubt about whether you can rely on something as professional legal advice, please ask me (hint: it will usually involve a paid consultation or drafting service). 

You are an adult, so please use your common sense and get proper advice before making important decisions about your life and business. If you are not an adult, congratulations on your interest in entrepreneurial law. I hope you enjoy the information I provide and are smart enough not to rely on anything you read on the internet without discussing it with a trusted adult or professional adviser!

The content of all information provided on this site is entirely mine unless otherwise acknowledged. I reserve the right to modify this website and the information provided on it at any time, including altering or deleting it without notice.

VISITOR RESPONSIBILITIES

Just in case you skipped over the previous section, I will say this again. You are responsible for your own safety and well-being – physical, financial and legal – while browsing the internet. Anything you read here was written or recorded for a general audience. You are an individual, running a business that is unique to you. Do NOT act on anything you read here without first seeking independent, professional advice specific to your situation and circumstances. You are important! Take care of yourself and your business properly!

DOWNLOADS

This site may offer paid and free downloads. While I take cybersecurity seriously and make every reasonable effort to ensure these downloads are safe and hassle free, I am not responsible for any viruses or other damage which might occur as a result of you downloading material from this site. Please make safety your priority and ensure you have adequate protection against viruses and other malicious attacks that may occur without my knowledge or consent.

EXTERNAL LINKS

From time to time I may provide links to third party sites. I am not responsible for any information provided on these sites, and the links are solely for your information or entertainment. I do not endorse any products they offer for sale and have no relationship with them unless otherwise clearly notified. This includes the links to my affiliates. While I believe them to be reputable businesses, any purchase you make from them is at your own risk, and I am not a party to the transaction between you in any way.

What's with all the rainbows, castles, dragons & unicorns? Am I a real lawyer?

Yes, I really, truly am a lawyer. I began my practical legal training in a small country law firm in 2008, was admitted to the Supreme Court as a solicitor in NSW in 2010 and have practiced law continually ever since. I am a professional member of the Law Society of NSW. If you need me to wear a suit to our zoom conference, I can - but I much prefer us both to feel relaxed and comfortable. I try to be the living proof that lawyers don't have to be intimidating to get respect. 

I have first class Honours in English, first class Honours in Law, and a Master of Laws with Honours. I have a Graduate Diploma in Legal Practice, a Vocational Graduate Diploma in Family Dispute Resolution, and I have trained in Trauma Informed Mediation, Workplace Mediation and Child Inclusive Mediation. I am also paying off a HECs debt (Australia's version of student debt) equivalent to a large mortgage!

I am qualified to help clients all over Australia and NZ. I don't represent people in court because, as a mediator (aka channel of peace), I believe in most situations there are less stressful, less expensive, better ways to resolve problems, particularly when it comes to small business disputes.  One of the very best ways to do this is to have a Contract that Cares, which does such a good job of managing your relationship in the present, setting expectations and clearing up misunderstandings before they happen that problems very rarely arise - and if they do, you have a built in mechanism for dealing with them in a way that is to your mutual benefit. I also provide Conflict with Compassion consultations to help you process your emotions and consciously choose how to respond when things go wrong.

When I am not writing Contracts that Care (or supporting my clients while they write their own) I am processing trade mark applications, polishing up my programs, or editing and creating Masters level law courses as a Program Developer with the College of Law.

You can read more about my journey and my approach to the law on my About Page. My branding not only reflects who I am and what makes me happy - it also ensures that the right clients know when they have found me, and the wrong clients (those who don't appreciate my approach) move right on by without wasting their time or mine. It is also a whole LOT more FUN!

Life is too short to be boring and beige, don't you think?

Important Notice - Terms of Purchase & Terms of Service

There are a number of ways you may choose to work with me that are available to purchase or book through my website. As mentioned above, the general terms and conditions in this document apply to all of my services and products unless alternative terms are explicitly mentioned below.

DIY Pack Terms of Purchase
Please click the link above to read the Terms of Purchase for my Contracts that Care DIY Packs. The Terms of Purchase are also linked at the point of sale and a copy is provided for you with your DIY Pack documents. 

Legal Drafting Terms of Service
These Terms of Service apply to any legal drafting work, including DIY+Review, Done for You and VIP Upgrades on DIY Packs. For drafting work over $825 (inc GST) I will send them as a Cost Disclosure & Agreement for you to sign.

Initial Consultations
These free 30 minute chats are intended to help you with feeling like you "don't know what you don't know", answer simple questions, explain how I might be able to assist you with your business foundations, help us both decide if we are a good fit to work together and help you select the most appropriate product or service for your needs. They are not legal advice. 


Payment Terms

Some products and services on this site may be offered for instant purchase. I accept PayPal payments or direct bank deposits.

If making a direct deposit, I will email your tax receipt to you after your payment clears in my account. Tax receipts are automatically provided for PayPal purchases. Please let me know if there is any issue, or you do not receive a receipt.


Delivery

All DIY Packs and document products for sale on this website are provided by download. The download will be made available to you instantly if you pay with PayPal, or within 24 hours of your payment clearing my account if you pay by direct deposit.

All face to face services are provided by Zoom.

First, you need to book an appointment using my booking calendar.

Any reschedule requests should be made at least 4 hours before the appointment time.

Acuity will confirm your appointment the day before and will provide you with the Zoom link. It is your responsibility to be available at the specified time. If you are not available, I will try to make contact with you via email and phone for 15 minutes past the appointment time, and then I will cancel the appointment. You are welcome to reschedule. I am human too, and very very rarely I may miss a free consultation call. If this happens I will apologise profusely and hope that you will be as understanding of me as I try to be when our positions are reversed.

If I realise I can’t make an appointment for some reason, I will try to give you as much notice as possible. I will offer you an opportunity to reschedule.

All paid calls are invoiced AFTER the call, and payment is due within 7 days. 

Please be aware that I homeschool 3 children. While I do my best to run a professional service, sometimes my kids need me, or are not entirely cooperative in waiting for my attention. They have been known to occasionally interrupt a call. If this is a problem for you, please let me know well in advance of the scheduled time.


Returns Policy

PRODUCTS and SERVICES

Please see the Terms of Purchase for the product or service that you are interested in. Terms of Purchase are linked for each product or service near the Buy Now button. If there is no link then the following terms apply.

CHANGE OF MIND

I want you to be 100% happy with your purchases from me. However, I also need to feed my family, so there are reasonable boundaries around this. if you are not totally satisfied with your purchase, please email me: michelle@michellewhitehead.com.au within 24 hours of purchase so we can discuss your concerns and try to negotiate a win/win solution. Specific products and services may have their own terms which override this. 

MINOR PROBLEM

All sorts of things can go wrong when purchasing documents online. If you have a problem, let me know asap: michelle@michellewhitehead.com.au.

I will offer a full refund for any physical problems or errors which cannot be resolved to our mutual satisfaction within 48 hours of the download.

If you have an issue with a service I have provided, please contact me immediately at the above email address to discuss the issue.

MAJOR PROBLEM

A major problem is one which cannot be fixed or is too difficult to fix. It is something that would have prevented you purchasing the product or service if you had known about it in advance. When there is a major problem, you have the right to choose whether you would prefer to:

  • Cancel the contract and receive a refund: If you would like to receive a refund due to a major problem, you must contact me within 48 hours of downloading the product or receiving the service.
  • Seek compensation for the difference between the price paid and the value of the product or services actually provided: if you discover a major problem and wish to cancel the contract after 48 hours, you must tell me as soon as you become aware of the major problem. We will determine whether you are entitled to a refund based on the nature of the problem and the time since purchase.

Indemnity

You take full responsibility for your implementation of any suggestions that I make during any consultation with me, including an initial consultation. You understand that my advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, ask me questions, do your own research, and make informed choices about how to proceed. You agree to indemnify me against all consequences arising directly or indirectly from your choices, unless I have breached my professional responsibility to you. 


Visitor Comments

I have turned comments off on my blog due to the overwhelming nuisance of spam bots. That doesn't mean I don't want to hear from you!!! Please feel free to send me your comment by email, or look for the blog post on my Facebook page, where you are very welcome to leave a comment. Having said this, I still reserve the right to moderate any comments made on any of my social media channels, including deleting comments that I deem to be rude, offensive, spammy or unacceptable without any notification or correspondence with you.


Jurisdiction

If you have a problem, contact me and we will discuss it. If we can’t reach an agreement, I may suggest bringing in a neutral third party (a mediator) to help us find a solution. If we still can’t work it out, any disputes or arguments arising under this agreement are to be dealt with under the law of New South Wales, Australia.

It is a condition of working with me that you agree that legal action is a last resort and that we will take all reasonable action and cooperate in good faith to try and reach an efficient resolution of the dispute before wasting our time & money cluttering up the courts. If we do have a problem, we will treat each other with mutual respect, communicate compassionately, and keep our issues private. 


Here is that contact information for you one more time:

Michelle Whitehead

Booking Calendar

Postal Address: PO Box 438, South West Rocks, NSW 2431

Email: michelle@michellewhitehead.com.au

Phone: 0436291346

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