The Course and Online Store is granted and operated by O’Loan Family Law (We, Our or Us). These Terms set out the full extent of the agreement between You and Us in relation to the Course and Online Store and as to how You may use the Course, Our website, Our Online Store, legal content, and other resources We may make available in connection with the Course and Online Store.
Bonuses means the bonuses as advertised by Us from time to time.
Competitor means any entity which provides or any person who owns or is employed by a business which provides services which compete or conflict with the Course or Online Store.
Confidential Information means all confidential information, non-public or propriety information, including intellectual property, technical, commercial, financial or other information, exchanged between the Parties or known to a Party before, on, or after the date the Course commences or Your access products in the Online Store.
Course means any courses, programs, training module/s, educational sessions, series of presentations and/or webinars presented by Us or on Our behalf from time to time.
Course Services means the inclusions of the Course as updated from time to time, which may include Templates, videos, access to the Membership Area and Public Interactive Platforms.
Course Term means the duration of the Course for which You have subscribed, being the period of time and/or sessions comprising the Course and commencing on the Course start date and ending on the Course end date, and does not include any periods of renewal.
Fee means Our non-refundable fee charged in consideration for Your Subscription to the Course or Your purchase of a product from the Online Store (as applicable).
Malicious Code means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
Members Area means the online portal for the Course where the online component of the Course can be accessed and/or the online portal for the Online Store where store digital purchases can be accessed.
Online Store means any product, template, service or item which can be purchased direct through Our website.
Parties means You and Us.
Public Interactive Platform means the Members Area and any live group training delivered via Zoom, Facebook or other platform, and any other online platforms used to deliver the Course or other services from time to time.
Subscription means a valid and active subscription to the Course.
Templates means any documents created by You or Us in connection with the Course or Online Store which include but are not limited to legal templates and tailored legal documents, and in any format including but not limited to word documents, PDFs, or videos.
Terms means these terms of use.
Us/We/Our means O’Loan Family Law.
Website Terms means the terms of Our website that can be found here.
You/Your means the person or entity whose name the Course of Online Store purchase is registered under.
a. These Terms, together with the Website Terms (Membership Documents) collectively constitute a legally binding agreement between the Parties.
b. If there is any inconsistency between the terms of the Membership Documents, then the documents are to prevail in the following order to the extent of any inconsistency and as permitted by law:
c. By subscribing to the Course, You agree to use the Course in accordance with the Membership Documents as specified above, which You are deemed to have read and understood at the time You subscribe.
d. We reserve the right to amend the Membership Documents from time to time at Our own discretion, with any such amendments being effective immediately upon publication on Our website or in the Members Area (as applicable).
e. Your continued use of the Course represents an agreement by You to be bound by the Membership Documents as amended. If You do not agree to be bound by the amended terms, then You can cancel Your Course in accordance with clause 12.
f. Any query in relation to the Membership Documents may be directed to Us at info@oloanfamilylaw.com.au.
The products in the Online Store are designed to be once-off purchases.
a. You agree that the Online Store is personal to You and Your licence to use products from the Online Store is on a per person basis.
b. The Parties acknowledge that the use of the Online Store does not in any way constitute a joint venture, partnership, employment, or agency relationship between themselves.
c. You acknowledge that We may conduct Our own due diligence, background checks and research in respect of Your profile and Your credit worthiness, as relevant to the use of the Online Store. Such information obtained by Us will, in addition to the information You have provided Us, be treated as Confidential Information in accordance with clause 5.
d. We reserve the right to decline the use of products from the Online Store by any entity or person for any reason, at Our sole discretion.
e. The use of the Online Store is not available to a Competitor. If You, being a Competitor, use products from the Online Store and We become aware of this fact after You have made a purchase, We reserve the right to terminate and not allow You to use the Products from the Online Store.
f. If You choose to retain additional legal from an unaffiliated lawyer, You acknowledge that it will be entirely at Your own expense and that We are under no obligation to work in conjunction with or report to an unaffiliated lawyer. The use of Our Online Store will at all times remain exclusive from any additional legal services You engage.
g. You warrant that all personal information You provide to Us at the time of making a purchase from the Online Store is true and correct as at the date of Your purchase with Us.
a. The Course Services will be available to You for the duration of the Course Term only.
b. You agree that the Course is personal to You and Your licence to use Course Services is on a per person basis.
c. The Parties acknowledge that the Course Services does not in any way constitute a joint venture, partnership, employment, or agency relationship between themselves.
d. You acknowledge that We may conduct Our own due diligence, background checks and research in respect of Your business profile, business operations and Your credit-worthiness, as relevant to the Course. Such information obtained by Us will, in addition to the information You have provided Us, be treated as Confidential Information in accordance with clause 5.
e. We reserve the right to decline a Subscription to a Course by any entity or person for any reason, at Our sole discretion.
f. Courses are not available to a Competitor. If You, being a Competitor, subscribe to a Course and We become aware of this fact after You have made a purchase, We reserve the right to terminate the Course under clause 14a at any time and not allow You to use the Products from the Online Store.
g. You agree not to assign or transfer the Course without Our prior written consent, except that You may assign it to a successor or assign, provided such successor or assign is not a Competitor.
h. If You choose to retain additional legal services from an unaffiliated lawyer, You acknowledge that it will be entirely at Your own expense and that We are under no obligation to work in conjunction with or report to an unaffiliated lawyer. The Course will at all times remain exclusive from any additional legal services You engage.
i. You warrant that all personal information You provide to Us at the time of subscribing for the Course is true and correct as at the date of Your purchase with Us and if You are in the Course You agree to notify Us should any of that information change during the Course Term.
a. You acknowledge that whilst the Course and Online Store has been designed and prepared by lawyers, this is general advice only and cannot be relied upon as legal advice as it does not take into consideration Your exact agency circumstances.
b. This information in the Course and Online Store is for guidance only as there are many variables in Your situation. Contact Us to find out if any of these variables apply to You.
c. Whilst We may provide high level advice in live group sessions or other platforms, this is not legal advice and You are not covered by professional legal privilege in those settings and anything sensitive or potentially litigious should only be discussed privately to maintain privilege.
d. When We have 1 on 1 sessions with You, or You chose to have Us complete legal work for You, then those sessions are regarded as legal advice and legal services.
e. You acknowledge that, with the exception of 1 on 1 consultations with Us and any customised legal services We provide to You, the Course and Online Store, does not constitute legal advice or legal services.
a. The Parties agree to treat as confidential, all Confidential Information exchanged in the course of the Course or during use of the Online Store.
b. The Parties may not disclose any Confidential Information of the other Party to a third party with the exception of information:
c. The Parties’ duty of confidentiality to each other is ongoing and survives the Course Term and ceasing to use the Online Store.
d. The Parties acknowledge that any information that is disclosed in a Public Interactive Platform under clause 8 does constitute Confidential Information.
a. The Course Services are as set out onhttps://www.onolegal.com.au/start-up-sorted-program at checkout or on Our website and We may revise these from time to at Our own discretion, with any such updates being effective immediately upon publication on Our website. If You do not agree to the change in Course Services, then You can cancel Your Course in accordance with clause 12.
b. We may revise the Bonuses and special offers from time to time. You agree that You are entitled to any Bonuses or special offers which are applicable to the Course as at the date the Course commences and not to any subsequent Bonuses or special offers, or otherwise advertised by Us, following that date.
Whilst We use reasonable efforts to ensure the Members Area and Online Store are secure, nothing on the internet is truly 100% secure. You acknowledge and agree that:
a. using and accessing the Members Area and Online Store is at Your risk;
b. we accept no responsibility whatsoever if Your sharing of information on the Members Area or Online Store causes You loss of any form including but not limited to loss of goodwill and consequential loss;
c. nothing in the Members Area or Online Store constitutes legal advice – if You wish to obtain legal advice, You must request a 1 on 1 consultation with Us;
d. recording, screenshotting or otherwise sharing any content in the Members Area or Online Store is not permitted;
e. any content, behaviour or language that is defamatory, abusive, inappropriate or antagonistic will not be tolerated in the Members Area;
f. You will not knowingly use the Members Area or Online Store to store or transmit Malicious Code;
g. Your username and login details are personal to Your agency and must not be shared with anyone else; and
h. We, at Our absolute discretion, reserve the right to remove any person or entity in breach of this clause 7 from the Members Area or Online Store and to terminate their Membership or access to the Online Store if We deem necessary.
You acknowledge that:
a. Our Public Interactive Platforms are public forums which may be accessed by all Our subscribed clients, which may include Your own competitors and persons or entities with whom You may have a conflict of interest;
b. any information You share on a Public Interactive Platform is shared entirely at Your own risk and is not subject to legal privilege, nor does it constitute Confidential Information;
c. We accept no responsibility whatsoever if Your sharing of information on any Public Interactive Platform causes You loss of any form including but not limited to loss of profits, goodwill and consequential loss;
d. no form of training or information shared by Us on a Public Interactive Platform can be construed as legal advice – if You wish to obtain legal advice, You must request a 1 on 1 consultation with Us;
e. recording, screenshotting or otherwise sharing any content from a Public Interactive Platform is not permitted;
f. any content, behaviour or language that is defamatory, abusive, inappropriate or antagonistic will not be tolerated on a Public Interactive Platform; and
g. We, at Our absolute discretion, reserve the right to remove any person or entity in breach of this clause 8 from a Public Interactive Platform and to terminate their subscription if We deem necessary.
a. Your licence to use the Templates is as set out in these terms and conditions.
b. You may only provide copies of the completed Templates to parties with whom You are dealing with.
c. You acknowledge that any change You make to the Templates without consulting Us compromises the integrity of the document and as such, We will not be responsible for any issue, legal or otherwise, that arises in relation to that changed part of that document.
d. We may update the Templates as necessary to reflect changes in legislation and commercial practice and as such, You agree to download and rely on the most recent version of that Template at all times. If You rely on an older version of a Template, We will not be responsible for any issues, legal or otherwise, concerning the content in that Template.
a. All Course Services and products in the Online Store are subject to copyright protection including but not limited to the Templates, webinars, training modules, training sessions, and training videos (Licensed Membership Services) are protected by the intellectual property laws of Australia and they belong exclusively to Us and are the property of Us or Our licensors (if any), and We retain all ownership rights to them.
b. We grant You a limited, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Licensed Membership Services at individual level for:
c. For the avoidance of doubt, when Your Course ends, You no longer have the right to use any of the Licensed Membership Services, including any Templates which You may have downloaded, and if You continue to use such Course Services and Templates We will charge You the cost of purchasing those Course Services or Templates.
d. The Licensed Membership Services are licensed for Your use only at individual level and You may not reproduce, transmit, sell, distribute, sub-license or otherwise make available copies of these to any other person or entity.
e. We own or license all intellectual property rights (including copyright and trade marks) in all Templates, information, text, material, graphics, logos, icons, sound recordings, software and source code on Our Members Area and Online Store (Subject Matter).
f. Material on Our Members Area and Online Store, including photographs, plans, and drawings, and other content are protected by copyright and are Our property or Our licensor’s. Unless otherwise indicated, We reserve all rights in the Subject Matter. You may make a temporary copy of all or part of this material on Your local computer for the sole purpose of viewing it and print a single hardcopy of a whole page of the Subject Matter for limited use in Your business (excluding using it in the operation of a legal service business). Except as permitted by the Copyright Act 1968(Cth), You may not otherwise copy or reproduce the Subject Matter. Using the photographs, and other Subject Matter without Our permission may constitute an infringement of copyright and may expose You to serious liability.
a. You agree to pay to Us, through Our third party payment provider, Our Fee, which for a Course or a product in the Online Store has been advertised at.
b. If You join the Course by paying in full and taking advantage of the discounted price, Our Fee for the Course is to be paid before the commencement of the Course Term, unless We have arranged another method with You.
c. If You join the Course under a payment plan, the full amount of Our Fee is payable in instalments as indicated for the payment plan for the Course. If you join the Course under a payment plan you are not able to take advantage of the discounted price as applicable for joining the Course by making a full payment of Our Fees.
d. Upon joining the Course under a payment plan, We or Our third party payment provider will initiate charge of your first instalment payment amount of Our Fee. You will be required to provide Us or Our third party payment provider with Your credit card information at the time You join the Course. Subsequent instalments of the Course Subscription and Our Fees will be automatically charged to your credit card every 28 days until the full Course Subscription amount and Our Fee payable have been paid. In the event of a missed or late installment payment, the remaining balance of Our Fee becomes immediately due and payable. By joining the Course, you give us permission to deduct the remaining balance of the Course Subscription and Our Fee from your credit card.
e. For a standalone consultation which will be conducted by Us in a 1 on 1 setting, You will be invoiced for Our Fee (plus GST) once We provide the consultation.
f. You authorise Us, through Our third party payment provider, to:
g. In the event You default to pay Our Fee, You acknowledge that We may take any steps as We think necessary to recover any outstanding amounts from You.
a. You may cancel the Course at any time by emailing Us atinfo@oloanfamilylaw.com.au
b. If You joined the Course with full payment of Our Fees completed and You cancel the Course, We will not be required to refund to You any Course Subscription or Our Fee.
c. If you joined the Course under a payment plan with instalments of Our Fee remaining and You decide to cancel the Course, any outstanding balance of the Course Subscription and Our Fee payable under the payment plan must be paid before the cancellation can be processed. Should you wish to cancel the Course immediately, the remaining balance of the Course Subscription and Our Fee under the payment plan becomes immediately due and payable. Regarding the instalments already paid of the Course Subscription and Our Fee, we will not be obligated to refund to You any of the Course Subscription or Our Fee.
d. Upon cancellation of the Course, Your licence to use the Course Services (including any Templates and corresponding guided video explainers You may have downloaded) will cease on the last date of the billing month in which You cancel the Course. For the avoidance of doubt, You only have the right to use the Templates whilst You have a Membership or Course with Us. Any contracts You have put in place that are signed can stay in place, but You cannot create new ones using Our Templates. If You continue to use such Course Services and Templates, We will charge You the cost of purchasing those Course Services or Templates.
a. We may, in Our sole discretion, terminate Your access to the Course or products in the Online Store immediately at any time for any reason including but not limited to:
b. In the event of termination under clause 12(a):
a. We may, at Our sole discretion and from time to time make special offers available to join the Course or purchase a product from the Online Store including but not limited to offering:-
a lock-in discount. If We have made an offer to You to join the Course or purchase a product in the Online Store through a lock-in discount special offer and You accept Our lock-in discount special offer You will be locked-in to the Course for the Course Term. If You terminate Your Subscription prior to the expiry of the lock-in period You will be liable for the full Fee for the duration of Your Subscription up to the time of termination such that You will no longer receive benefit of any discounted Fee and the lock-in discount special offer will be null and void.
To the maximum extent permitted by law, and without limiting any other provision in these Terms:
a. We exclude all liability for indirect, incidental, special and consequential loss or damage of any kind, loss or corruption of data, loss of use, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter;
b. Our Members Area, Course Services, Online Store and Templates are provided on an ‘as is’ and ‘as available’ basis;
c. we make and give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to the Course Services, Online Store or any other content You obtain from Our website;
d. no oral or written information or advice given by Us, Our suppliers, agents, representatives, or employees will create a warranty or in any way increase the scope of the express warranties given.
e. In the event that Our supply of the Course Services or products through the Online Store constitute a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010(Cth) (the Act) and regulations made thereunder, nothing contained in these Terms excludes, restricts or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon You pursuant to the Act, Our sole liability for breach of any such remedy or guarantee shall be limited to the remedies available under the Act.
f. We comply with the Australian Consumer Law (ACL) and Our supply of goods or services to You is subject to consumer guarantees provided under the ACL. If You think the supply of Our goods or services to You fails to meet a consumer guarantee, please contact us so We can review the issue and liaise with You to remedy it.
g. We do not guarantee that the online platforms by which You access the Course Services, Online Store, Our website or third party websites will be free from viruses, or that access to Our website or third party websites will function as intended or be uninterrupted. You must take Your own precautions to ensure that the process which You employ for accessing such online platforms and Our website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system. For clarity, We do not accept responsibility for any interference or damage to Your own computer system which arises in connection with Your access or use of the Course Services, Our website or any third party websites.
h. Our limitation of liability will survive termination of Our working relationship with You.
You indemnify Us in respect of any liability suffered or incurred by Us for any loss, cost (including legal costs on a full indemnity basis), action, proceeding, claim, damage, demand, liability or expense as a result of Your breach of these Terms and/or the other Membership Documents under clause 2, Your use of the Course Services, Online Store or warranties given by You. This indemnity continues after the Membership Term ends or the Course Term ends or Our working relationship with You ends.
a. The Parties must use reasonable endeavours to resolve any dispute under these Terms by taking the following steps:
before they commence legal proceedings (except proceedings for interlocutory relief). Costs of any mediator or expert will be borne equally between the Parties.
a. Severance:
A provision of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining provisions or parts of the provisions of these Terms continue in force.
b. Jurisdiction:
The Membership and Course and Online Store is governed by and construed in accordance with the laws of the Australian Capital Territory, Australia. By using the Membership, You irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales.
c. The Course and Online Store may be accessed and used overseas. We make no representation that the Course or Online Store complies with any laws outside Australia. If You access the Course or Online Store from outside Australia, You do so at Your own risk and are responsible for complying with the laws of the jurisdiction where You access the Course or Online Store.
d. Waiver:
If one of the Parties waives any part of these Terms at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given.
e. Currency:
Unless specifically agreed otherwise between the Parties, all monetary amounts contained in these Terms are in Australian Dollars (AUD).
f. Force Majeure:
We will not be liable under or in connection with the Course or Online Store (except in relation to an obligation to pay money) for any delay or non-performance caused by activities or factors beyond Our reasonable control, including but not limited to delays and non-performance caused by viruses, denial of service attacks, or other acts or omissions or service outages by third parties (including any internet service provider).
g. Assignment:
h. Invalidity:
If any provision of these Terms is held invalid, unenforceable or illegal for any reason, it may be deleted or modified to the extent that is necessary and this Agreement will otherwise remain in force.
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