Effective Date: 4 December 2021

Welcome to www.traciehartley.com (Site).

This Site is owned and operated by Tracie Hartley, ABN 22 496 619 910 trading as Tracie Hartley (referred to in these terms as “Tracie Hartley “I”, “me”, and “my”). Please take the time to read the terms of use that apply to your use and enjoyment of my Site and the content made available to you via my Site and my social media channels (“Terms”). These Terms, together with my Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”).

CONSENT TO SITE TERMS

By accessing and using my Site, my social media channels and any other materials made available to you or provided to you on my Site (whether available for purchase or not), you are taken to accept my Terms. By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given consent to allow any of your minor dependents to use this site.

CHANGES TO THESE TERMS

I reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date I post the revised version on my Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of my Site, products, services and content. If at any time you choose not to accept these Terms, you should not use my Site.

Your continued use of my Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you. If you are uncertain about the Terms or anything else on my Site, please don’t hesitate to contact me before proceeding with any purchase.

INTELLECTUAL PROPERTY

My Site, products and services contain intellectual property owned by me and/or by third parties that license the content to me (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of my Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever my Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without my prior written consent. I reserve the right to immediately remove your access to my Site, products, services, and Content, without refund, if you are found to be violating these Terms.

LINKS TO OTHER WEBSITES

My Site and social media channels may have links to other sites operated by third parties. Unless I expressly tell you otherwise, I do not in any way endorse, control or approve of, nor am I responsible for, the content on those websites. It’s up to you to decide if those websites and their content are suitable and appropriate for you.

PRIVACY

These Terms also include my Privacy Policy which sets out how I use your personal information, which can be accessed here. By using my Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

PRICES AND PAYMENT

All prices are in Australian Dollars (AUD). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.

I reserve the right at any time to modify or discontinue the product or service without notice at any time. I shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.

I may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. I reserve the right to reject or cancel any orders where you add more than one discount code. I allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through my Site, including but not limited to any consent you provide to receive communications from me. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

INFORMATION AND ADVICE

My Site contains content, including blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. I do not purport to be legal or medical practitioner, financial advisor or any other type of licensed professional and cannot be held liable for any reliance on the information I provide, either on my Site or through my products and/or services.

Any reference to other products or services, programs, courses, processes or other information appearing on my Site does not constitute or imply my endorsement, sponsorship or recommendation in any way.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

I always appreciate interaction on my social media channels and feedback about my Site, products and services, as it helps me to improve my Site and my products and services. Through the use of my Site, you may be invited to submit a review, and you can also comment on my blog or other parts of my Site or interact with me via my social media channels. I love to hear from you!

Where you do decide to submit such feedback or comments, you:

  • warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);

  • give me permission to post or otherwise use that feedback on my social media or other channels;

  • waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide me with;

  • warrant that any content provided does not violate these Terms; and

  • warrant that you are at least 18 years old.

I reserve the right to remove a review or comment if such review or comment contains:

  • libellous or otherwise unlawful, abusive or obscene material;

  • personal attacks on myself or another contributor;

  • material that discloses your personal information; or

  • Information that is unrelated to the post or content that you have reviewed or commented on.

My Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent my views or opinions, but are the sole product of their creator. I disclaim all liability with respect to any content submitted by any users.

COMPETITIONS

I may from time to time run competitions through my Site and/or through my social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.

TESTIMONIALS.

Where you have provided testimonials (in any format), you acknowledge that I may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at my discretion.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:

  • for any unlawful purpose;

  • to solicit others to perform or participate in any unlawful acts;

  • to violate any international, federal, or state regulations, rules, laws, or local ordinances;

  • to attempt to change, remove, deface, hack or otherwise interfere with my Site or any material or content displayed on the Site;

  • to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;

  • to infringe upon any other person's proprietary rights;

  • to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

  • to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law I make no representations or warranties about my Site and/or my products or services including that:

  • they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

  • access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

  • there is no possibility of failure to store communications or other data.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event am I responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of my Site and/or my products or services, your inability to access our Site, interruption or outage of my Site or the fact that content on my Site or in my services is inaccurate, incomplete or out of date. My liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

MY RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold me harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of my Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

ADDITIONAL TERMS

Where you elect to enter into a one-on-one arrangement with me, I will issue you with a Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with me and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated:

a.        where you breach any provision of these Terms; or

b.       at any time by me, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.

CEASING MY WEBSITE

I have the right to discontinue my Site. If I decide to do this, it can be at any time and may be without notice to you. I may also exclude any person from using my Site, at any time and at my sole discretion. I will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

I am permitted to assign, transfer and subcontract my rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with my Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between me and you in relation to your use of my Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to my Site and your use of our Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of New South Wales, Australia. In relation to any dispute, I ask that you contact me in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.