TM Legal Atelier®  

Digital Product Purchase Terms and Conditions

Thank you for choosing TM Legal Atelier®.  

These Digital Product Purchase Terms and Conditions govern your purchase (Terms and Conditions)

By clicking “accept” and proceeding with your purchase, you agree to the terms and conditions set out below.

1. Digital Products  

1.1. The website www.tmlegalatelier.com.au (Website) is operated by TM Solicitor Pty Ltd (ABN: 52 644 204 339) t/as TM Legal Atelier® (TM Legal Atelier®). Access to and use of the Website is provided by TM Legal Atelier.  

1.2. The Website provides you with an opportunity to browse and purchase various digital products, titled the Atelier Guide, that have been listed for sale through the Website (Digital Products).  

1.3. You have agreed to purchase a Digital Product from the Website.

2. Acceptance of the Terms and Conditions

You accept the Terms and Conditions by proceeding with your purchase.  

3. Personal Information

3.1. When purchasing a Digital Product, you will be required to provide personal information such as your full name and e-mail address. You agree that all details that you have provided in completing the purchase are true and correct.

3.2. Your personal information is kept in accordance with TM Legal Atelier’s Privacy Policy (Privacy Policy), which can be accessed on the Website.  

4. Purchase of Digital Products  

4.1. By making a purchase through the Website, you will agree to the payment of the purchase price listed on the Website for the Digital Product (Purchase Price).

4.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).

4.3. By making a purchase, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.

4.4. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are exclusive of GST (goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999) where applicable.

4.5. TM Legal Atelier® reserves the right to accept or reject your order for any reasonable reason, including if the requested Digital Product is not available. If your order is rejected, TM Legal Atelier® will notify you and refund the Purchase Price promptly.

5. Refund Policy  

5.1. Subject to clause 8 (Warranty) and your rights under the Australian Consumer Law, TM Legal Atelier® does not provide refunds for Digital Products. Please keep that in mind when making a purchase.

5.2. If you have any issues with a Digital Product, please e-mail [email protected].  

5.3. If you have received an incorrect Digital Product, TM Legal Atelier® will arrange for the correct Digital Product to be provided. To resolve any issues, please email [email protected] with details of the issue within 48 hours of receiving the Digital Product.  

5.4. TM Legal Atelier® does not provide refunds for a change of mind.  

6. Digital Product Delivery  

6.1. All Digital Products will be provided via email to your nominated email address after the successful completion of your purchase. If you have not received a Digital Product within 2 hours of purchase, please check your junk email folder. If the Digital Product cannot be located please email [email protected] so arrangements can be made to resolve the matter.    

7. Use of Products

By purchasing a Digital Product from TM Legal Atelier®, you agree to use the Digital Products for the purpose intended, being to provide you with general information and guidance only.  

8. Warranty

TM Legal Atelier’s Digital Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Digital Product. You are also entitled to have the Digital Products replaced if the Digital Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty). A major failure with a Digital Product under Australian Consumer Law includes but is not limited to, where the Digital Product is significantly different from the description shown to you, or the Digital Product is unfit for its normal purpose.  

9. Information and Digital Product Disclaimer  

9.1. You are solely responsible for your own legal, professional, financial and business decisions, choices, actions and results arising out of or resulting from the Digital Products. As such, you agree that TM Legal Atelier® is not and will not be liable or responsible for any actions or inaction, or for any indirect result of any information provided by TM Legal Atelier®, except to the extent such liability cannot be excluded under applicable law.

9.2. Any information, content or documentation provided by TM Legal Atelier® does not constitute legal advice and is provided for general information purposes only. TM Legal Atelier® recommends you seek independent legal advice prior to relying on any information or documentation provided through the Digital Products.  

9.3. All care is taken in the preparation of the information and published materials provided to you through the Digital Products. Except as required by law (including the Australian Consumer Law), TM Legal Atelier® does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.  

9.4. To the extent permissible by law, TM Legal Atelier® will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation provided to you through the Digital Products.

10. Copyright and Intellectual Property

10.1. The Digital Products of TM Legal Atelier® are subject to copyright. The material contained within the Digital Products are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Digital Products are reserved by TM Legal Atelier®. Upon purchase, TM Legal Atelier® grants you a limited, non-exclusive, non-transferable, revocable licence to use the Digital Product for your own personal or internal business purposes only.

10.2. TM Legal Atelier® retains all rights, title and interest in the Digital Products and all related content.

10.3. You may not, without the prior written permission of TM Legal Atelier® and the permission of any other relevant rights owners: copy, republish, upload to a third party, transmit, post, distribute, adapt or change in any way the intellectual property in the Digital Products, including the content of the Digital Products.

11. Force Majeure

11.1. If circumstances beyond TM Legal Atelier’s control prevent or hinder its provision of the Digital Products, TM Legal Atelier® is free from any obligation to provide the Digital Products or fulfil your order while those circumstances continue. If such circumstances continue for more than 30 days, either party may cancel the order, and TM Legal Atelier® will refund the Purchase Price.

11.2. Circumstances beyond TM Legal Atelier’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, a pandemic, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

12. Indemnity

You agree to indemnify TM Legal Atelier®, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees) incurred, suffered or arising out of or in connection with any breach of these Terms and Conditions by you, except to the extent caused or contributed to by TM Legal Atelier®.

13. Mailing List Registration  

You agree that by purchasing a Digital Product your name and email address will be added to the TM Legal Atelier® mailing list (Mailing List) and you agree to receive promotional material, updates and other content from TM Legal Atelier®. You may unsubscribe at any time.  

14. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to these Terms and Conditions, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.

15. Governing Law

The Terms and Conditions are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions will be governed pursuant to the laws of New South Wales.

16. Independent Legal Advice

By proceeding with a purchase, you acknowledge that you have had the opportunity to obtain independent legal advice and that you have read, understood, and agree to be bound by these Terms and Conditions.

17. Severance

If any part of these Terms and Conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the Terms and Conditions will remain in force.