Applicable since: 01-07-2023

Article 1: Definitions

In these terms and conditions:

  1. Entrepreneur/Consultant: Tara who lives at QLD Australia and with whom the Consumer can contact via the Website in the context of the provided services by the Entrepreneur.
  2. Consumer: the natural person who does not act in the exercise of a profession or business with whom Entrepreneur concludes an Agreement.
  3. Agreement: the agreement to provide services as referred to in Article 4 paragraph 1 of these general terms and conditions.
  4. Website: the online platform where the services are provided: www.tompkinchats.com.
  5. Privacy conditions: the conditions of the Entrepreneur with regard to the processing of personal data.

Article 2: Scope of application

  1. These general terms and conditions apply, to the exclusion of any other general terms and conditions, to all legal relationships between the Entrepreneur and the Consumer, unless the parties agree otherwise in writing.
  2. If one or more provisions of these general terms and conditions are null and void or are annulled, the other provisions of these general terms and conditions will remain fully applicable.

Article 3: Formation Agreement

  1. The Agreement is concluded when the Consumer creates a paid membership account or books a consultation with the Entrepreneur on the Website.

Article 4: Services

  1. The service of the Entrepreneur consists of offering a paid membership for receiving podcasts and for booking a consultation in respect to giving advice and guidance in the field of personal development.
  2. The service is purely intended for entertainment purposes and no rights and/or claims can be derived from the insights obtained.
  3. The Entrepreneur can set additional requirements for the Consumer who wants to use the service. These requirements are clearly stated on the Website before entering into the Agreement.

Article 5: Consumer Behaviour

  1. The Consumer is not permitted to act indecently, unlawfully or contrary to the law or to incite or encourage others to do so. For example, he/she is forbidden to:
    1. use threatening language towards the entrepreneur/consultant;
    2. use unlawful texts, image and/or sound material;
    3. sells the information on the website to a third party
    4. violates the copyright of the information placed at the website
    5. make racist or offensive statements;
    6. provide login details to third parties. Login details remain strictly personal.
  2. The Consumer accepts that the Entrepreneur can check the data supplied by him and the behaviour of the Consumer in connection with possible violations of these general terms and conditions.

Article 6: Protection of personal data

  1. The Privacy conditions of Entrepreneur apply to the use of the Website. This describes how the personal data of the Consumer is processed. Entrepreneur adheres to the legal rules with regard to the protection of privacy and cookie legislation.

Article 7: Liability

  1. Any liability for damage arising from or related to the performance of the Agreement is always limited to paying back by the Entrepreneur to the Consumer the already paid amount by the Consumer for the ordered service(s) on the Website which were not performed. A claim can never be permitted for services already performed due to article 4.2.

Article 8: Account deletion/block

  1. The entrepreneur can end the membership account (or have it deleted) in case consumer does violates articles 5 and/or 6..
  2. If a Consumer acts contrary to Article 5 paragraph 1, the Entrepreneur can, without prior notice, block or delete the Consumer's membership account, all without any obligation to pay damages and/or compensation. The Entrepreneur will inform the Consumer of the blocking or removal, stating the reason.

Article 9: Payment

  1. Payment of the ordered services must be done by the offered payment services provided by the Website.
  2. Consumer payment details will only be used for the purpose of paying the consultation fee or membership fee.
  3. Booked consultations are personal, non-transferable and non-exchangeable.
  4. Booked consultations are valid for 2 years after purchase date and then expire automatically.

Article 10: Refund Policy

  1. If the appointment is canceled 24 hours before the start of the consultation Consumer can by him/herself book a new appointment on another day and of course without costs. In case the cancellation was done too late (thus not 24 hours before the start of the consultation) there is no possibility to make a new appointment online at the website.
  2. There will be no refund of the consultation fee if the appointment is canceled too late. An appointment is canceled too late if the cancellation is sent later than 24 hours before the start of the consultation. The consultation fee will not be refunded if you have forgotten (to cancel) the appointment for the consultation or if you have mistakenly assumed the wrong date or time of the appointment.
  3. In case there was a really absolute unforeseen reason why Consumer could not attend a consultation Consumer can send a mail by the Website and explain why Consumer was not able to do the cancellation in time. Entrepreneur will have a look at the reason and if it is indeed understandable Consumer will get a code with which Consumer can do a new booking without costs.
  4. Refund of the consultation fee of a performed consultation given that the Consumer is dissatisfied of the performed consultation by the Entrepreneur is not possible.

Article 11: Force majeure

  1. Force majeure, in addition to what is understood by law and case law, is understood to mean any circumstance independent of the will of the Entrepreneur, as a result of which the fulfillment of the Agreement is prevented in whole or in part or as a result of which the fulfillment of his obligations cannot reasonably be expected from the Consumer. be required, regardless of whether that circumstance was foreseeable at the time of the conclusion of the Agreement. Force majeure also includes in any case - but not exclusively - data loss as a result of computer failure, virus infection or computer breach by third parties, and other calamities that prevent or limit the business operations of the Entrepreneur. In the event of force majeure, the execution of the Agreement by the Entrepreneur will be suspended or the Agreement will be terminated,

Article 12: Use of Services

  1. The consumer is responsible for the confidentiality and secrecy of the login details for the account.
  2. The Consumer is liable for the (unlawful) use by third parties of the login details and for all actions or statements made via the Consumer's account.
  3. If third parties gain access to the Consumer's account, the Consumer must report this to the Entrepreneur immediately after discovery.
  4. Entrepreneur is never liable for any damage that Consumer may suffer as a result of unauthorized access to his account by third parties.
  5. The Consumer fully, irrevocably and unconditionally indemnifies the Entrepreneur against any claims that third parties may make as a result of damage caused by unlawfully obtained access to the Consumer's account.

Article 13: Maintenance, malfunctions and liability for maintenance and malfunctions

  1. The Entrepreneur will make every effort to ensure that the services to the Consumer run smoothly. The entrepreneur cannot guarantee continuous availability of the services.
  2. The entrepreneur can carry out maintenance or have it carried out on the network, servers, websites, etc. at any time. As a result, services may be temporarily unavailable. The entrepreneur strives to limit the nuisance of this as much as possible. Entrepreneur cannot be held liable for damage that may arise from this to Consumer and / or third parties. The entrepreneur will, insofar as possible, announce maintenance in advance via the Website.
  3. If circumstances require the Entrepreneur to carry out maintenance (or have it carried out) immediately (in the event of malfunctions, for example), the Entrepreneur may not be able to give a timely announcement. Entrepreneur cannot be held liable for damage that may arise from this to Consumer and / or third parties.
  4. Availability of services and/or websites of Entrepreneur is not guaranteed. Malfunctions and maintenance can cause (temporary) interruption of the Service. Entrepreneur is in no way responsible or liable for the consequences of this failure for Consumer and / or third parties.

Article 14: Final provisions

  1. The entrepreneur is entitled to unilaterally make changes to these general terms and conditions. The changes will take effect at the announced time of entry into force. The Entrepreneur will make the amended terms and conditions available to the Consumer in a timely manner. In that case, access to the account is only possible after the amended terms and conditions have been accepted by the Consumer. If the Consumer does not want to accept the amended terms and conditions, he can delete his account or have it deleted, without prejudice to the other provisions of these general terms and conditions.
  2. The legal relationship between Entrepreneur and Consumer is governed solely by Australian law.
  3. All disputes between Entrepreneur and Consumer that may arise as a result of or in connection with the Agreement will be settled by the competent court to be chosen by the entrepreneur to the exclusion of any other person. This also applies if an obligation is wholly or partly performed abroad or if the Consumer has his place of residence abroad. Entrepreneur and Consumer will not appeal to the court until after they have made an effort to settle the dispute in mutual consultation.