TERMS AND CONDITIONS
Welcome to www.soulpleaser.com (our Site, Soul Pleaser Site).
This Site gives you an opportunity to browse and purchase emotional wellbeing and business coaching services offered by Tracy Secombe Pty. Ltd. t/as Tracy Secombe, Soul Pleaser and Potential Realized (Tracy Secombe, we, us).
These Terms and Conditions (Terms) govern your use of this Site, as well as Tracy Secombe’s Soul Pleaser products and services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact Tracy Secombe about Soul Pleaser at email@example.com if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
Tracy Secombe’s products and services are intended for people aged 18 and over.
ACCEPTANCE OF TERMS
1. By accessing, downloading or using the Soul Pleaser products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all, or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of our Site and the products and/or services.
3. Tracy Secombe is an accredited coach certified by the Proctor Gallagher Institute. Tracy Secombe is not a registered psychologist and is not regulated by the Australian Health Practitioner Regulation Agency (AHPRA).
4. All Soul Pleaser products and services are based on Tracy Secombe’s knowledge, skills and personal experiences and are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the Soul Pleaser products and/ or services, purports to offer legal, financial, psychological, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
5. We provide the Soul Pleaser products and/ or services in the form of professional and personal development services through webinars, online programs and workshops, including advice, checklists, information tools and strategies and coaching but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire and motivation.
6. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
7. You acknowledge and agree that Tracy Secombe and/ or Soul Pleaser, its directors, principals or partners, agents, employees, officers and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
EARNINGS AND INCOME DISCLAIMER
8. Tracy Secombe cannot and does not make any guarantees about your ability to get results or earn any money with our courses, ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our Soul Pleaser products and/or services.
9. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.
REGISTERING YOUR DETAILS
10. Before you purchase our Soul Pleaser products and/or services, you must register an account with us.
11. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
12. We may at any time request a form of identification to verify your identity.
13. If you are a registered user or member to this Site, you acknowledge and agree that:
a. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
b. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
c. You will immediately notify us if your Password is lost or becomes known to any other person;
d. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
e. Any information you provide to us for posting or inclusion in our Soul Pleaser Community, at any time, becomes our property.
15. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
16. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
17. When using our Soul Pleaser products and/or services, you may be given access to Facebook groups, other online or in person forums (Soul Pleaser Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Soul Pleaser Community any of the following:
a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
b. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
c. Information that includes personal or identifying information about another person without that person’s consent.
d. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
f. Any material, non-public information about companies without authorisation to do so.
g. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
18. By posting or otherwise publishing Your Content on our Site or Soul Pleaser Community, you:
a. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
b. Warrant that you have the right to grant the above licences;
c. Warrant that Your Content does not breach these Terms; and
d. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
19. We reserve the right (but have no obligation) to:
a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
CODE OF CONDUCT
20. Our Site and Soul Pleaser Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
21. Whilst using this Site and/or our Soul Pleaser Community, we ask that you not:
a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other user’s privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code.
f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
23. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Soul Pleaser product and/or services participants (Participants) and representatives of Soul Pleaser.
24. You agree:
a. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
b. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
c. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
d. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
25. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
ACCESS TO THE WEBSITE
26. While Tracy Secombe will use reasonable endeavours to ensure that the Site and Soul Pleaser Community is available continuously, Tracy Secombe does not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.
27. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
28. Except as expressly provided otherwise in the Terms, Tracy Secombe reserve the right to change or discontinue any Site, feature or service (or part thereof) on the Site at any time.
LINKS AND AFFILIATE DISCLOSURE
30. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Soul Pleaser Community.
BOOKINGS AND CANCELLATIONS
31. By making a booking or registering with us for Soul Pleaser products and/ or services including online webinars, workshops or other services provided by Soul Pleaser, you agree to be bound by these terms.
32. In the case of online webinars, bookings must be made at least 48 hours before the desired session time by emailing firstname.lastname@example.org
and our fees are due and payable at the time of the booking.
33. In the case of Soul Pleaser workshops, conferences, retreats and other day events arranged by Tracy Secombe, bookings are encouraged at least 28 days prior to the date of the event, but must be made no less than 14 days before the date of the event, and our fees are due and payable at the time of booking.
34. You must ensure that you have access to an available computer, telephone or other mobile device at the time of your booking and have sufficient telephone and internet reception in order for us to be able to deliver our online services to you. If these resources are unavailable, then Tracy Secombe reserves the right to terminate your session without refund.
35. All individual coaching sessions require that both parties be fully present and have access to a private, quiet space where you will not be interrupted. Sessions may not be conducted while driving or otherwise unduly distracted. If you do not satisfy these requirements, Tracy Secombe reserves the right to terminate your session without refund.
36. If you need to reschedule or cancel a booking, you may do so without penalty provided at least 24 hours’ prior notice has been given to Tracy Secombe. If you cancel less than 24 hours prior to your session, or if you’re a ‘no show’, you forfeit the session.
37. In the unlikely event that Soul Pleaser cancels a booking, your session will be rescheduled as soon as practicable.
PRICES, PAYMENT AND REFUNDS
38. All prices for Soul Pleaser services are in Australian dollars (AUD). Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.
39. Refund requests will be assessed on a case-by-case basis and when genuine value has not been received or isn't able to be received, refunds will be granted at the discretion of the Tracy Secombe or the Soul Pleaser team.
40. Notwithstanding any other provisions in these Terms, to the extent that we are entitled to do so, Tracy Secombe limits its liability in respect of any claim under the Competition and Consumer Act 2010 (Cth) and/ or Schedule 2 to this Act, otherwise known as the Australian Consumer Law (ACL), to the following, at its option:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
41. Invoices for any Soul Pleaser program are automatically generated and can be requested at any time by emailing email@example.com
42. Some of our payments are operated through an online and automated billing system (Online Payment). We accept payment by Stripe. Where your payments are made via Online Payment:
a. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
b. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
43. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
44. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
45. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
46. From time to time, Soul Pleaser may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
RIGHT TO TERMINATE
47. We reserve the right to suspend, or terminate your use of the Site, Soul Pleaser Community or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.
48. Where you have breached these Terms, and we elect to terminate or suspend your access to the Site and/or provision of our services, you will not be entitled to a refund for any fees paid.
49. You may otherwise terminate, however in that event, you waive your right to any refund for payments made to us in connection with our products and services in accordance with these Terms and acknowledge that any refunds are only permitted in accordance with our refund policy in accordance with clauses 47 and 48.
COPYRIGHT AND TRADE MARK NOTICES
50. All material on this Site, in our Soul Pleaser Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
51. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
52. The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Soul Pleaser. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Soul Pleaser, in any manner that is likely to cause confusion with customers, or in any manner that disparages Soul Pleaser.
53. Nothing contained on this Site or in our Soul Pleaser Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
54. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Soul Pleaser will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
LIABILITY IS LIMITED
55. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the ACL.
56. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Soul Pleaser Community or Our Content.
57. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Soul Pleaser Community or Our Content.
58. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
a. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
b. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
c. Accessing websites or servers maintained by other organisations through links on our Site, Soul Pleaser Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
d. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
59. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Soul Pleaser Community or through use of our products or services.
60. You cannot transfer or assign your Soul Pleaser membership without Tracy Secombe’s prior written consent.
61. We may assign or transfer our obligations under these Terms at any time, upon prior written notice to you four (4) weeks prior notice in writing.
62. If a dispute arises between the parties in relation to this Agreement, the dispute must be dealt with in accordance with this clause.
63. Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
64. If the dispute is not resolved by agreement within five working days of the Second Party receiving the notice referred to in clause 63 above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five working days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited. The costs of the mediator shall be borne equally between the disputing parties. The chosen mediator shall determine the procedures for the mediation. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
65. Each party must attend and participate in the mediation in good faith.
66. If the parties have not mediated a resolution of the dispute within 10 working days of attending mediation, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it thinks fit in relation to the dispute.
67. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal with jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
68. Despite the existence of a dispute, controversy or claim, the parties must continue to comply with their obligations under the contract.
69. This clause survives termination of this agreement.
70. These Terms shall be construed in accordance with and governed by the laws of South Australia. You consent to the exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises between us.
71. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
72. If you have questions or comments regarding this Site, or Soul Pleaser products or services, please email us at firstname.lastname@example.org
Trading Name: Tracy Secombe Pty. Ltd. t/as Tracy Secombe, Soul Pleaser and Potential Realized
ACN: 074 736 306