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Terms and Conditions

Terms and Conditions

Mentoring terms and conditions: Mentoring terms and conditions will be provided on commencement of mentoring program.     Site Terms and conditions: Credit This document was created using a contractology template available at www.freenetlaw.com. Introduction These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. License to use website Unless otherwise stated, Tracey Mathers Pty Ltd own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or
  • edit or otherwise modify any material on the website.
Acceptable use You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. No warranties This website is provided “as is” without any representations or warranties, express or implied. Tracey Mathers Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Tracey Mathers Pty Ltd does not warrant that:
  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional. Limitations of liability Tracey Mathers Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Tracey Mathers Pty Ltd has been expressly advised of the potential loss. Variation Tracey Mathers Pty Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.    

Successful You >> Terms and Conditions

 

Terms and Conditions of Attendance and Participation 

These are the terms and conditions (the “Agreement”) governing your participation in any Tracey Mathers owned and operated in person or virtual program, meeting, session, masterclass, show, seminar or conference (the “Program”). By registering for the Program you agree to these terms, which form a binding legal contract between the Program owner and host, Tracey Mathers (“Tracey Mathers” or “Owner and Organiser”) and the registered participant (“you” or “Participant”). If you are registering on behalf of another individual, it is your responsibility to ensure the person participating is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the Participant aware of these terms and that they have accepted these terms.

 

1. Participant Requirements

1.1 Access. Your payment and registration entitles you access to the Program for which you have registered. Any and all other costs associated with your attendance shall be borne solely by you, and Tracey Mathers shall have no liability for such costs.

 

1.2 Use of Likeness. By participating in the Program you acknowledge and agree to grant Tracey Mathers the right to record, film, live stream, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Tracey Mathers includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.

 

1.3 Program Content. You acknowledge and agree that Tracey Mathers, in its sole discretion, reserves the right to change any and all aspects of the Program, including but not limited to, the Program name, themes, content, program, speakers, performers, hosts, moderators, venue, and time. The Program content shall be recorded by Tracey Mathers and will be accessible to paid Participants.

 

1.4 You understand and accept that there will be up to 20 but including more than 20 women as part of your group. 

 

2. Prohibited Conduct

2.1 Limitations on Use. By registering for a Tracey Mathers Program you agree not to sell, trade, transfer or share your access link and/or code, unless such transfer is granted by the Organiser. By registering for a paid Program, you agree not to share, sell or trade your access. If Tracey Mathers determines that you have violated this policy, Tracey Mathers may cancel your access, retain any payments made by you, report you to law enforcement authorities, and ban you from future Programs.

 

2.2 Disruptive Conduct. You acknowledge and agree that Tracey Mathers reserves the right to remove you from the Program if Tracey Mathers, in her sole discretion, determines that your participation or behaviour create a disruption or hinder the Program or the enjoyment of the Program content by other attendees.

 

2.3 Recording, Live Streaming, and Videotaping. Participants may not record or broadcast audio or video of sessions at Tracey Mathers Programs.

 

2.4 Unethical/Non-Compliant Business Practices. Tracey Mathers reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices.

 

2.5 In addition to the requirements and prohibitions set forth in this Section 2, Tracey Mathers may also exclude any prospective participant from registering for or participating in any Program, in Tracey Mathers’s sole discretion.

 

3. Fees and Registration

3.1 Payment. The payment of the applicable fee for the Program is due prior to registration. If such payment is insufficient or declined for any reason Tracey Mathers may refuse to allow you to access the Program and shall have no liability in that regard. 

 

3.2 Upon registering for the Program, you agree to pay for a full 12 months, which can be paid either monthly or upfront at a discounted price. If you choose to leave the Program at any time, you are still liable to pay the full 12 months. 

 

3.3 Any and all other costs associated with your attendance, such as food and beverage at the quarterly catch ups, shall be borne solely by you, and Tracey Mathers shall have no liability for such costs.

 

3.4 Taxes. The fees may be subject to sales tax, value added tax, or other taxes and duties which, if applicable, will be charged to you in addition to the fees.

 

4. Cancellation and Quality Assurance

4.1 Tracey Mathers strives to provide you with the most productive and effective experience possible. If after attending a Program you feel there is some way we can improve, please provide us in writing with your comments on the evaluation provided upon arrival. We will evaluate individual complaints in a context of collective comments from the Program. As speakers are confirmed months before the Program, some speaker changes or topic changes may occur in the program. Tracey Mathers is not responsible for speaker changes, but will work to ensure a comparable speaker is located to participate in the program.

 

4.2 Cancellations are subject to the entire Program fee. All sales are final. No payments will be refunded or refundable. Please note that if you do not cancel and do not access the Program, you are still responsible for payment. In no event shall Tracey Mathers be obligated to refund all or a portion of the registration fee.

 

4.3 If Tracey Mathers is prevented from carrying out its obligations as it pertains to the Program you registered for as a result of any cause beyond its control, or such Program cannot be Virtually conducted because of a software or issue with the hosting platform or due to acts of God, strikes, labour disputes, government requisitions, restrictions or war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic, curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition (collectively a “Force Majeure”) Tracey Mathers shall have the right to immediately terminate the affected Program without liability and shall be relieved of its obligations to Registrant. If the affected Program is terminated due to a Force Majeure occurrence before the first day of the Program, then Tracey Mathers will reschedule the affected Program and your registration fee will be applied to the rescheduled Program.

 

5. Program Registration Confirmation

5.1 Once you have completed your registration, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form. Be sure to check your junk email box too in case any of your Program email(s) are caught by spam filters.

 

5.2 You will receive essential information for registered attendees electronically at the email address, Successful You online portal and/or private group Facebook page, that are provided when registering.

 

5.3 In addition, you will also be added to the Program participant list for notifications of future Programs.

 

5.4 If you would like to opt-out of any of these benefits, a link is provided in each email to provide the ability to opt-out.

 

6. Your Privacy Is Important to Us

Introduction

This Notice explains how Tracey Mathers (“Tracey Mathers”) collects and processes your Personal Data. Each time you use our Site, the current version of this Notice will apply. Accordingly, whenever you use our Site, you should check the date of this Notice (which appears at the bottom) and review any changes since the last version. This Notice is applicable to all Site visitors, registered users, and all other users of our Site.

 

“Personal Data” is any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.

By visiting www.traceymathers.com (the “Site”), you acknowledge that you have read and understood the processes and policies referred to in this Notice.

 

How to contact us

If you have any questions or concerns about this Notice, please contact us using the Contact section on our Site.

 

Alternatively, you can contact us by sending an email to tracey@traceymathers.com.au. 

 

 

 

 

 

 

HOW WE COLLECT PERSONAL DATA

Personal Data that you give us

We may collect and process the following Personal Data:

  • Contact information, which you provide when corresponding with us by phone, email or otherwise. This includes information you provide when you participate in discussion boards or other social media functions on our Site and when you report a problem with our Site. The information you give us may include your name, address, email address, phone number, financial information and/or credit card information.
  • Due payment information, including financial information such as credit/debit card and account numbers used to process your Program ticket registration and/or sponsorship payment.
  • Purchase information, relating to purchases of delegate passes and Program participation, either in-person or via our Site. Purchase information will include financial information as well as information concerning the content and time of the purchase.

 

Personal data we collect from you

With regard to each of your visits to the Site we will automatically collect the following information:

  • Technical information, including the Internet protocol (IP) address used to connect your computer or device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • Information about your visit, including pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number; and
  • Location information

 

Non-Personal Data

We collect information that is sent to us automatically by your web browser and we may use this information to generate aggregate statistics about visitors to our Site, including, without limitation:

  • IP addresses
  • Browser type and plug-in details
  • Device type (e.g., desktop, laptop, tablet, phone, etc.)
  • Operating system
  • Local time zone

 

We may use non-Personal Data for various business purposes such as providing customer service, fraud, market research and improving our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings.

 

How we use your Personal Data

We will only process your Personal Data where (1) you have provided your consent which can be withdrawn at any time, (2) the processing is necessary for the performance of a contract to which you are a party, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, except where such interests are overridden by your rights and interests.

 

Personal Data that you give us

We may use Personal Data that you provide directly to us for the following purposes:

  • to carry out our obligations arising from your Program registration, or any other contract entered into between you and us and to provide you with the information, products and Program registration services that you request from us;
  • to organize Programs that you have purchased or registered for, and to provide you with information, and other materials, relating to the content of the Program, the speakers, sponsors and other attendees;
  • to provide our newsletter and other publications, provided you have given your consent;
  • to respond to your questions and provide related Program registration services;
  • to provide you with information about other Programs, products and services we offer that are similar to those that you have already purchased, provided you have not opted-out of receiving that information;
  • to notify you about changes to our Programs; and
  • to ensure that content from our Site is presented most effectively for you and your computer.

 

Information we collect about you

We will use Personal Data that we have collected about your use of our Site:

  • to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our Site to ensure that content is presented most effectively for you and your computer; as part of our efforts to keep our Site safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
  • to make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.

 

Selling or renting your Personal Data

We will never sell or rent your Personal Data to third parties without your opt-in consent.

 

Security

Although we use security measures to help protect your Personal Data against loss, misuse or unauthorised disclosure, we cannot guarantee the security of information transmitted to us over the internet.

All information you provide to us is stored on secure servers.

Any payment transactions will be encrypted using SSL technology.

 

How long we store your Personal Data

We will store your Personal Data, in a form which permits us to identify you, for no longer than is necessary for the purpose for which the Personal Data is processed. We may retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. Consistent with these requirements, we will try to delete your Personal Data quickly upon request.

 

Cookies and Do Not Track policy

We use cookies for anonymous tracking data.

 

YOUR RIGHTS

Correction and removal

If any of the information that we have about you is incorrect, or you wish to have information (including Personal Data) removed from our records, you may do so by contacting us at tracey@traceymathers.com.au. 

 

Opting out

Additionally, if you prefer not to receive marketing messages from us, please click on the unsubscribe link within any marketing message that you receive.

 

Request access to your Personal Data: You may have the right to request access to any Personal Data we hold about you as well as related information, including the purposes for processing the Personal Data, the recipients or categories of recipients with whom the Personal Data has been shared, where possible, the period for which the Personal Data will be stored, the source of the Personal Data, and the existence of any automated decision making.

 

Request correction of your Personal Data: You may have the right to obtain without undue delay the rectification of any inaccurate Personal Data we hold about you.

Request erasure of your Personal Data: You may have the right to request that Personal Data held about you is deleted.

 

Object to processing of your Personal Data: You may have the right to prevent or restrict processing of your Personal Data.

 

Request restriction of processing your Personal Data Request transfer of your Personal Data: You may have the right to request transfer of Personal Data directly to a third party where this is technically feasible.

 

Changes to this Notice

If we make any material changes to this Notice or the way we use, share or collect personal Data, we will notify you by revising the “Effective Date” at the top of this Notice, prominently posting an announcement of the changes on our Site, or sending an email to the email address you most recently provided us (unless we do not have such an email address) prior to the new policy taking effect.

 

Any changes we make to this Notice in the future will be posted on this page and, where appropriate, notification sent to you by email. Please check back frequently to see any updates or changes to this Notice.

 

7. Intellectual Property

7.1 All intellectual property rights in and to the Program, the Program content, and all materials distributed at or in connection with the Program are owned by Tracey Mathers or the Program sponsors or speakers presenting at the Program. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing at the Program, in any Program content or in any materials distributed at or in connection with the Program for any reason without the prior written permission of Tracey Mathers.

 

7.2 For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by Tracey Mathers or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of Tracey Mathers or its affiliates, all of which shall at all times remain the exclusive property of Tracey Mathers and its affiliates.

 

8. Disclaimer of Warranties, Limitation of Liability

8.1 Tracey Mathers gives no warranties in respect of any aspect of the Program or any materials related thereto or offered at the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Program is provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at the Program are theirs alone and do not necessarily reflect the views, opinions, or positions of Tracey Mathers or any employee thereof. Program makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees or sponsors at a Tracey Mathers Program and will not be liable for any errors, omissions or delays in this information or any losses, injuries or damages arising from its display or use. Tracey Mathers does not endorse, and expressly disclaims all liability relating to, any of the products or services provided by speakers, attendees, or sponsors.

 

8.2 Except as required by law, neither Tracey Mathers nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Program or other aspect related thereto or in connection with this Agreement.

 

8.3 The maximum aggregate liability of Program for any claim in any way connected with, or arising from, the Program or this Agreement, whether in contract, tort or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to Tracey Mathers under this Agreement.

 

9. Miscellaneous

Tracey Mathers’ failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. Tracey Mathers shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tracey Mathers’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Tracey Mathers’s prior written consent. A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind Tracey Mathers in any respect whatsoever.

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