Terms & Conditions

Greetings, brave heart! The following domains are owned and operated by me, Michelle Whitehead, ABN: 91968443292:

  • carefreecounsel.com
  • carefreecounsel.com.au
  • carefreecounsel.au
  • michellewhitehead.com.au

(They all point back to this site.)

If you have any questions or need further information, please feel free to contact me using the information below.

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. A good place to start is my free initial consultation below - or browse my legal services to find the consultation that suits your needs.

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

Email: contact@carefreecounsel.com

This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from me. Please take a moment to read it, as it sets out the terms of our relationship so that we may both benefit from clear boundaries and knowing what to expect from each other.

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 & Conditions. If you don’t agree, 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. 

These Terms & Conditions may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.

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 in my social media accounts, I provide information about the legal and risk management needs of online business owners. You will also find quite a lot of mindset work, often conveyed through metaphor. I believe that the safety of your business is inextricably entangled with your confidence, your integrity as a business owner, and your commitment to best practice. These concepts benefit from imaginative exploration, because if it's boring, we won't do it. My content is provided for your education, professional & personal development, to help you ground your business on solid foundations, develop a deeper understanding of what best practice means for you, 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 business owner, you have the potential to make a difference to the future of humanity.

CONTENT POLICY

The information I provide 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. It is important that you understand that generalised information about legal issues and business ownership is never a substitute for 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 my courses including Castle Quest 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, and it will usually be spelled out in the Terms for that offering).

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 may modify my content at any time, including altering or deleting it without notice.

VISITOR RESPONSIBILITIES

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 or view 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 generic information without first conducting your own research, seeking independent, professional advice specific to your situation, and making an informed decision based on your personal values and vision for your business. You are important! Take care of yourself and your business properly!

It really should go without saying, but as a user of my website, you agree not to behave maliciously, spam any other user, post defamatory content about anyone, infect any aspect of my website with malware, hack into any part of my website where you don’t have my permission to be or use my website for any purpose other than consuming my content, engaging in my programs, and purchasing my products or services. You also agree not to use my website or content in any way that is unlawful or harmful to any other person or business. If you do, I have the right to refuse you service and ban you from accessing my website or social media.

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, education or entertainment. I do not endorse any products they offer for sale and have no relationship with them unless otherwise clearly notified.

I may provide links to the websites of my affiliates and clients. I think they are wonderful, but I do not explicitly endorse any services or products they offer for sale. While I believe them to be reputable businesses, any relationship you enter into with them is at your own risk, and I am not a party to the transaction in any way. If you find a broken link, feel free to let me know.


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 Consultation Terms

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

You may choose to pay for your purchases from my website using Paypal or EFT deposit to my bank account. EFT is preferred from Australian customers to avoid Paypal fees. I will email your tax receipt to you after your payment clears in my account. Please let me know if there is any issue, or you do not receive a receipt. Where applicable, more detailed payment terms are provided in the specific terms of service or terms of purchase above.

PAYMENT PLANS

I never want someone to go without legals for their business because they can't afford them, so I am always very happy to offer payment plans. Please don't hesitate to let me know if you need to split your payment over up to six months, or negotiate a more flexible payment schedule. However, payment plans are offered for your convenience only, so you can spread your payment out over time. You are still committed to paying the whole amount, even if you change your mind about your purchase, as you have had access to my intellectual property, or I have completed work for you. It is your responsibility to ensure you have sufficient funds to make payment instalments on time.

OVERDUE PAYMENTS

Other than for DIY Packs and program purchases (which are invoiced in advance), I send my invoice after the consultation or when the work is complete. Payment is due within 14 days of the date on the invoice. If I have not received payment after 14 days, I will send you a reminder. I will continue to send weekly reminders after that until payment is received. After the first reminder, an administrative fee of $27.50 (inc. GST) will be added to the total amount due for every reminder sent. This is because having to nag you for my payment is not pleasant or fair to me. If there is a problem with payment, please contact me as soon as possible to make alternative arrangements and avoid incurring this administrative fee. If an invoice is more than 90 days overdue, you agree to pay all costs, including debt collection agency fees and solicitor’s costs, that I may incur in taking steps to recover any money that you owe to me, whether or not legal proceedings are issued in relation to the debt. 


Delivery

DIY PACKS

All DIY Packs and document products for sale on this website are provided by download. Please see the DIY Pack Terms of Purchase for more information.

If you pay by Paypal, the confirmation screen will include a download link. If you pay by direct deposit, I will email the documents to you within 12 hours of your payment clearing my account.

You can also login to your Carefree Counsel account to access the downloads HERE

CONSULTATIONS

All consultations are online - please see my appointment policy below and the terms of service relevant to that consultation. All paid calls are invoiced AFTER the call (except for Update Your Legals).

COURSES & SERENITY CONNECTIVE MEMBERSHIP

Course and membership content is accessed through my CONTENT PORTAL. I will also send out emails to assist you with the onboarding process, which I am always trying to ensure is as smooth and user-friendly as possible. If anything is unclear or confusing, I encourage you to reach out to me so I can assist you directly.


Appointment Policy

All consultations are provided using Zoom. First, you need to book an appointment using my booking calendar. Reschedule requests through Acuity (using the link in your confirmation of booking email) need to 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/or phone for 15 minutes past the appointment time, and then I will cancel the appointment. I understand that life happens so I will always offer you an opportunity to reschedule.

I am human too, and very very rarely I may miss a consultation. 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 and if urgent, I will fit you in outside my normal consultation hours.

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. On the flip side, I am very child friendly. I don't mind at all if you are breastfeeding or have a toddler crawling into your lap during our call. In order to get the most out of our time together, however, it is best if we can hear ourselves think.


Refund Policy

PRODUCTS & SERVICES

Please see the appropriate Terms of Purchase or Terms of Service. Terms of Purchase/Service are linked for each product or service near the Buy Now button They are also linked above. 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 contact@carefreecounsel.com 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 or courses online. If you have a problem, let me know asap, and I will do my best to fix it as quickly as I can. I will offer a full refund for any physical or technical problems or errors which cannot be resolved to our mutual satisfaction within 48 hours of your purchase. 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 within a reasonable time. 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 your purchase 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, gaining access to the content or receiving the service. Please make sure that you clearly explain the issue that you have experienced and why you believe it to be a major problem. If I agree that there is a major problem and that I am unable to fix the issue for you, I will process your refund within 14 days. 
  • 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 your purchase after 48 hours, you must tell me as soon as you become aware of the issue. I will negotiate with you in good faith to determine whether you are entitled to a refund based on the nature of the problem, the time since purchase and what is reasonable and fair to us both under the circumstances.
CONSUMER GUARANTEES

I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise. However, even if there is a major problem, my liability is strictly limited to:

  • replacing the goods or providing the services again; or
  • if I am unable to do so within a reasonable time, refunding you the full amount that you paid to me.

Indemnity

I do not make any guarantees or warranties about the accuracy of any material displayed on my website or in my products or programs, with the exception of any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. I am human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let me know.

While I make all reasonable efforts to ensure that this website and my services, products & programs meet with the highest standards of best practice, if something does go wrong that is not a direct result of my negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, I will not be liable for any loss or damage arising out of or related to my website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.

All sorts of things can go wrong when purchasing documents or courses online. If you have a problem, let me know asap, and I will do my best to fix it as quickly as I can. I will offer a full refund for any physical or technical problems or errors which cannot be resolved to our mutual satisfaction within 48 hours of your purchase. If you have an issue with a service I have provided, please contact me immediately at the above email address to discuss the issue.

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.

You expressly agree that if this indemnity is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to me for my products or services.


Intellectual Property

COPYRIGHT & TRADE SECRETS

The content of this website and in all my programs, resources and ebooks is protected by copyright laws and treaties around the world, with all rights reserved. You are welcome to share blog posts or other publicly available content through social media, but you must provide a link back to this website. You may store, print and reproduce the publicly available content that I supply solely for your own personal use, and only if I am clearly acknowledged as the source.

If you are participating in a program or membership I have created, content may be printed or downloaded to a local hard disk strictly to support your activities as a business owner. Program & membership content contains my trade secrets that are offered exclusively to participants. It is an essential condition of participation that you agree that you will not provide extracts of any program or membership content to anyone else without explicit written consent.

Commercial exploitation of my content in any way that competes with my business is strictly prohibited. You may link to my home page, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.

TRADE MARKS

I own the unregistered trade marks, logos, and service marks displayed on this website, including:

  • Carefree Counsel™ 
  • Contracts that Care™
  • Castle Quest™
  • Serenity Connective™

These trade marks may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages me or my business.


Respectful Communication

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.

If you are a participant a program or membership, you may have the ability to leave comments on posts in my Content Portal.

I reserve the right to moderate any comments made on this website, in the Facebook Groups I control, and on any of my social media pages and profiles, including deleting comments that I deem to be rude, offensive, spammy or unacceptable without any notification or correspondence with you. Keep it polite and play nicely, please.

There are specific responsibilities around engagement and confidentiality in the Terms of Participation for my larger programs and membership and these must be strictly complied with. 

Disrespectful or aggressive behaviour towards me or anybody else will not be tolerated. 


Dispute Resolution

NEGOTIATION

If you have any concerns, issues or complaint arising out of your use of this website, my products or services, or these terms and conditions, you agree to communicate with me with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email me at contact@carefreecounsel.com and expect a response within 2 business days.

MEDIATION

If we are unable to resolve a dispute by negotiation and discussion within 21 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if either of us would need to travel for more than an hour to attend the mediation.

The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of New South Wales or similar neutral authority.

We agree to share all the costs of mediation equally between us.

We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

PROFESSIONAL STANDARDS COMPLAINT

If we are unable to resolve a dispute by negotiation and mediation, you may access the complaints procedure offered by the Law Society of New South Wales here: https://www.lawsociety.com.au/for-the-public/making-a-complaint

AVOIDING PUBLIC DISCUSSION

We both agree that should we become involved in a dispute we will not engage in any public discussion about the issues, we will behave politely towards each other, and we will each act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with each other’s business or personal interests.

JURISDICTION

These Website Terms & Conditions are subject to the governing law of New South Wales. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales, and the Commonwealth of Australia, will have exclusive jurisdiction.

Thank you!

This Website Terms & Conditions document was created using my own Website T&Cs DIY Pack. Copying it without permission is an infringement of my copyright. I regularly search for key phrases and follow up with people who are using my work without first purchasing it from me. Look after your business and your clients by creating your own Website T&Cs with a Contracts that Care DIY Pack!