Terms and Conditions
1. About the Website
1.1. Welcome to www.indigojourney.co. This Website provides online coaching,
programs, professional supervision, consultancy and therapy.
1.2. The Website is operated by Tracy Whitmore @ Indigo Journey. Access to and use
of the Website, or any of its associated Products or Services, is provided by Tracy
Whitmore. Please read these terms and conditions carefully. By using, browsing
and/or reading the Website, this signifies that you have read, understood and agree
to be bound by the Terms. If you do not agree with the Terms, you must cease
usage of the Website, or any of Services, immediately.
1.3. Tracy Whitmore reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Tracy Whitmore updates the Terms,
they will use reasonable endeavours to provide you with notice of updates to the
Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms for
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Tracy Whitmore in the user interface.
3. Registration to use the Services
3.1. In order to access the Services, you must first register for an account through
contact on the Website.
3.2. As part of the registration process, or as part of your continued use of the Services,
you may be required to provide personal information about yourself (such as
identification or contact details), including:
(a) Email address
(b) Preferred username
(c) First and last name
(d) Phone number
3.3. You warrant that any information you give to Tracy Whitmore in the course of
completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member
of the Website and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Tracy Whitmore; or
(b) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident or
from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify Tracy Whitmore of any
unauthorised use of your password or email address or any breach of security
of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the
sole use of the Website by you for the purposes of Tracy Whitmore providing
(e) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Indigo Journey;
(f) you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of
solicitation may be removed from the Website without notice and may result in
termination of the Services. Appropriate legal action will be taken by Tracy
Whitmore for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
5.1. Where the option is given to you, you may make payment for the Services by way
(b) Electronic Transfer
(c) Credit Card
5.2. All payments made in the course of your use of the Services are made using
Paypal, unless otherwise stated. In using the Website, the Services or when making
any payment in relation to your use of the Services, you warrant that you have read,
understood and agree to be bound by the Paypal terms and conditions which are
available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Services
Fee is returned or denied, for whatever reason, by your financial institution or is
unpaid by you for any other reason, then you are liable for any costs, including
banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that Tracy Whitmore can vary the Services Fee at any
6. Refund Policy
Tracy Whitmore will only provide you with a refund of the Services Fee in the event they
are unable to continue to provide the Services or if the manager of Indigo Journey makes a
decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Indigo Journey are
subject to copyright. The material on the Website is protected by copyright under
the laws of Australia and through international treaties. Unless otherwise indicated,
all rights (including copyright) in the Services and compilation of the Website
(including but not limited to text, graphics, logos, button icons, video images, audio
clips, Website, code, scripts, design elements and interactive features) or the
Services are owned or controlled for these purposes, and are reserved by Tracy
Whitmore or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or
licensed by Tracy Whitmore, who grants to you a worldwide, non-exclusive, royaltyfree,
revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your
device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
7.3. Tracy Whitmore does not grant you any other rights whatsoever in relation to the
Website or the Services. All other rights are expressly reserved by Tracy Whitmore.
7.4. Tracy Whitmore retains all rights, title and interest in and to the Website and all
related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade
mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process),
7.5. You may not, without the prior written permission of Tracy Whitmore and the
permission of any other relevant rights owners: broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change in any
way the Services or third party Services for any purpose, unless otherwise provided
by these Terms. This prohibition does not extend to materials on the Website,
which are freely available for re-use or are in the public domain.
8.1. Tracy Whitmore takes your privacy seriously and any information provided through
your use of the Website and/or Services are subject to Indigo Journey’s Privacy
Policy, which is available on the Website.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations
or conditions implied or imposed by law, including the Australian Consumer Law (or
any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not
expressly stated in the Terms are excluded; and
(b) Tracy Whitmore will not be liable for any special, indirect or consequential loss
or damage (unless such loss or damage is reasonably foreseeable resulting
from our failure to meet an applicable Consumer Guarantee), loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the
Services or these Terms (including as a result of not being able to use the
Services or the late supply of the Services), whether at common law, under
contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website
and the Services is provided to you “as is” and “as available” without warranty or
condition of any kind. None of the affiliates, directors, officers, employees, agents,
contributors and licensors of Indigo Journey make any express or implied
representation or warranty about the Services or any products or Services
(including the products or Services of Tracy Whitmore) referred to on the Website.
includes (but is not restricted to) loss or damage you might suffer as a result of any
of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other
harmful component, loss of data, communication line failure, unlawful third
party conduct, or theft, destruction, alteration or unauthorised access to
(b) the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party material
and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the
products of Indigo Journey; and
(d) the Services or operation in respect to links which are provided for your
10. Limitation of liability
10.1. Tracy Whitmore’s total liability arising out of or in connection with the Services or
these Terms, however arising, including under contract, tort (including negligence),
in equity, under statute or otherwise, will not exceed the resupply of the Services to
10.2. You expressly understand and agree that Tracy Whitmore, its affiliates, employees,
agents, contributors and licensors shall not be liable to you for any direct, indirect,
incidental, special consequential or exemplary damages which may be incurred by
you, however caused and under any theory of liability. This shall include, but is not
limited to, any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation and any other intangible loss.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Tracy
Whitmore as set out below.
11.2. If you want to terminate the Terms, you may do so by:
(a) providing Tracy Whitmore with 14 days days’ notice of your intention to
(b) closing your accounts for all of the services which you use, where Tracy
Whitmore has made this option available to you.
Your notice should be sent, in writing, to Tracy Whitmore via the ‘Contact Us’ button
on our homepage.
11.3. Tracy Whitmore may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
(b) Tracy Whitmore is required to do so by law;
(c) the provision of the Services to you by Tracy Whitmore is, in the opinion of
Tracy Whitmore, no longer commercially viable.
11.4. Subject to local applicable laws, Tracy Whitmore reserves the right to discontinue or
cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services without
notice if you breach any provision of the Terms or any applicable law or if your
conduct impacts Tracy Whitmore or Indigo Journey’s name or reputation or violates
the rights of those of another party.
12.1. You agree to indemnify Tracy Whitmore, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on
the Website or attempts to do so; and/or
(c) any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute has arisen under the Terms, must give written
notice to the other party detailing the nature of the dispute, the desired outcome and the
action required to settle the Dispute.
On receipt of that notice by that other party, the parties to the Terms must:
1.1. Within 14 days days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
1.2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not
been resolved, the Parties must either agree upon selection of a mediator or request
that an appropriate mediator be appointed by the President of the Australian Mediation
Association or his or her nominee;
1.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and
the cost of the venue of the mediation and without limiting the foregoing undertake to
pay any amounts requested by the mediator as a pre-condition to the mediation
commencing. The Parties must each pay their own costs associated with the
1.4. The mediation will be held in Geelong or online , Australia.
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as “without prejudice” negotiations for the purpose of applicable laws of
13.5. Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so.
14. Venue and Jurisdiction
The Services offered by Tracy Whitmore is intended to be viewed by residents of Australia.
In the event of any dispute arising out of or in relation to the Website, you agree that the
exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created hereby shall be governed, interpreted and construed by, under and
pursuant to the laws of Victoria, Australia, without reference to conflict of law principles,
notwithstanding mandatory rules. The validity of this governing law clause is not contested.
The Terms shall be binding to the benefit of the parties hereto and their successors and
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable
and both parties having taken the opportunity to obtain independent legal advice and
declare the Terms are not against public policy on the grounds of inequality or bargaining
power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.