Welcome to traceymcbeath.com.au a website that engages in holistic wellness promotion and coaching services (in person and remotely), under the leadership of Tracey McBeath Health Coaching Pty Ltd.
By visiting our website, creating a profile, purchasing any product/service or by clicking the “I accept” or “I agree” button while purchasing a subscription, you denote your legally-binding agreement to the following Terms and Conditions. If you do not agree to these terms and conditions, we encourage you to close this webpage.
The company reserves the rights to modify these Terms and Conditions at any time without prior notice, so we encourage you to visit this page regularly.
We reserve the rights to change or terminate any feature or service; we may restrict your access to some portions of website in the event we find that you are engaging in an activity that is inappropriate or in violation of these terms and conditions. You are not permitted to engage in any illegal activity either with or to the website.
You must create an account on our website in order to purchase goods or services. We are not responsible for the username and password details of you or others. Do not share your login information with anyone else. In case you forget your password, you can use “forgot password” option in the sign-in section of our website.
Minimum Age: To purchase the goods or services of this website, you must be 18 years of age or older. By using this website and/or purchasing our programs, you agree that you are at least 18 years of age or older. In the event that you are under the age of 18, you must have the express permission of your parent or legal guardian prior to purchasing any goods or services.
Use of Website and Service
As a user of this website or a user/registrant of any of this website’s services, you agree:
- Personal Use – Your account is solely for your own, personal use. You may not allow others to access or use your account. You may not transfer your account to any other person. You agree that we, as the owners of this website, are not responsible for third party access to your account that in any way results in theft or illegal usage, storage, or sale of your personal information.
- Reporting of Violations – You will immediately contact us when you see (i) any possible violation of the Agreement by anyone, and (ii) any unauthorized access to your account, whether known or not.
- Content Removal – Any information or content you submit to the Services or in the public area will be available to us for monitoring. We keep the right to remove any information that in any way violates any possible law of the Services or any third party.
- No False Information – You agree that every content or information you provide will not be inaccurate, false or misleading. Neither to us nor to any user. If any information or content becomes as such, you will quickly contact us of the change that happened.
- No Advertising or Commercial Solicitation – Our messaging systems automatically scan all incoming (email and other) messages and filter out messages that may appear to be spam. We may also report any incoming email as spam. This can result in IP addresses and domain names being blacklisted. Users may not use our messaging facility or any of our other services to store, copy, relay, send or distribute spam. You must not send any chain letters, spam or junk email to other users of the Services. Furthermore, you agree that the information that you get from the Services will not be used by you in means of selling, advertising and such until the approval of the other user. By agreeing with this you acknowledge the fact that any breach of the terms will cause significant damages to us, that such damage will be hard to assess, and that we may take any action we deem necessary as outlined within these Terms of Service in order to enforce this policy – and that you disclaim any loss as a result of such enforcement.
- No Harassment of Employees or Agents – You agree that you will not harass, pressure or threaten any agents or employees that are responsible with providing the Services to you.
- Refund Policy for Digital and Information Products – Due to the digital nature of online courses and products, and the fact that digital content cannot be returned, our digital courses are non-refundable. We feel confident that we’ve laid out everything you get in our courses in the descriptions of the products. Please read the details and description of each course so you understand exactly what you are buying. Additionally, digital information products and courses are designed to be performed to completion; failure to complete a course will reduce or eliminate its effect upon the customer. We consider registering for our digital products similar to the idea of purchasing a concert ticket (but with a heavy dose of learning). If you purchase a concert ticket, but don’t show up for the show (in this case, digital content), the venue or artist doesn’t give you a ticket refund. Same rules apply here. We’re completely invested in making sure you have the best experience possible, so please email us with any questions about what’s included and what is not included and we will always give you an honest answer so you can make the best decision for you. We’re happy to answer any questions about what is taught, and what is not taught, in our courses. Though traceymcbeath.com.au strongly believes in the value of the advice found within its information products, results are not guaranteed. Traceymcbeath.com.au disclaims any express or implied warranties.
- Refund Policy for Coaching and Coaching-Related Services – Refunds for coaching will not be provided under any circumstances.
We reserve the right to withdraw or change website features at any time and by any means without prior notice. This may result or be resultant from a mistake, malware, technical issue, glitches, fraudulence, illegal involvement, tampering, or any other reason that interferes with or prohibits the appropriate conduct of this website, company, or campaigns. However, traceymcbeath.com.au will not be held liable for these issues or any and all damages they may cause. We reserve the rights to change the pricing structure on any product we choose, at any time and without prior warning.
You acknowledge that all the emails, phone number, credit card and other information you provide us belongs to you and you are not using any fake information.
- When creating a profile, purchasing our membership, contacting other members, posting anything on our social media accounts, or visiting any page, you will NOT:
- Disclose any confidential information about other users without their permission
- Engage in any kind of offensive behaviour (pornography, racism, abusiveness, harassment etc.)
- Forward chain letters using our website
- Use picture that does not belong to you. You are not permitted to impersonate anyone.
- Infringe any third party’s rights
- Upload any malicious software, virus etc that could disrupt the working of system tools, servers, networks
- Try to sell other users’ information to third parties
- Try to access our services through automated robots, or conduct attacks such as Denial of Service
- Promote products/services on our website.
Trademarks and Copyright Ownership
All data and content, in any form, contained by or offered through the website and all intellectual property rights relating to said content are the sole property of traceymcbeath.com.au. This includes all information, content, photographs, articles, text, video, images, functions, or other content. You acknowledge and agree that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Australian copyright laws, and traceymcbeath.com.au owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the Australian copyright laws, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
We may add some third-party products/services on our website and in that case, the product copyrights belongs to the creator or successor in interest of the creator. We may also sell products/services as an affiliate so some of the products will be added to our website from other companies. We are not liable for any problem arising out of their contents, description, products etc. Under no circumstances shall traceymcbeath.com.au, its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a user’s reliance on information obtained through the traceymcbeath.com.au web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the traceymcbeath.com.au website.
This website itself or any section of this website may not be duplicated, sold, reproduced, copied, resold, visited, or otherwise used for commercial purposes excluding the possession of express written consent from the website or company owner(s). You may not utilize “hidden text”, hereafter defined as being of the same purpose as metatags, without the company’s express written consent. Any unauthorized use of hidden text terminates any license granted by the company and associated companies and voids these Terms and Conditions. You may be prosecuted for such actions.
THE TRACEYMCBEATH.COM.AU WEB SITE IS PROVIDED BY TRACEYMCBEATH.COM.AU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRACEYMCBEATH.COM.AU DISCLAIMS ALL IMPLIED WARRANTIES.
WITHOUT LIMITING THE FOREGOING, TRACEY MCBEATH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE TRACEYMCBEATH.COM.AU WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE TRACEYMCBEATH.COM.AU WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE TRACEYMCBEATH.COM.AU WEB SITE; OR (IV) THAT THE TRACEYMCBEATH.COM.AU WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF TRACEYMCBEATH.COM.AU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRACEYMCBEATH.COM.AU DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE TRACEYMCBEATH.COM.AU WEB SITE OR ANY RELATED SERVICES. THE OPERATION OF THE TRACEYMCBEATH.COM.AU WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF TRACEYMCBEATH.COM.AU.
UNDER NO CIRCUMSTANCES SHALL TRACEYMCBEATH.COM.AU OR TRACEY MCBEATH BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE TRACEYMCBEATH.COM.AU WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE TRACEYMCBEATH.COM.AU WEB SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO TRACEYMCBEATH.COM.AU’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE TRACEYMCBEATH.COM.AU WEB SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
Products and Services
All the products or services made available on this website are intended solely for personal or small business use. You may not transfer, re-sell, assign, or dispose of any service without the prior written consent of the company. We reserve the right to cancel any membership if it appears that it is of fraudulent or inappropriate nature. Prices, promotions, and campaigns are subject to change without prior notice.
As of the most recent revision date, the services offered by TRACEYMCBEATH.COM.AU, through this website, are as follows:
- All courses, coaching and programs are designed by Tracey McBeath based off personal experience and enthusiastic research. Tracey McBeath is not a nutritionist. She is however a Nutrition Network Advisor, a Certified Banting Coach & a Qualified Personal Trainer. She has enjoyed substantially improved health, and those who have accompanied her on her healthy lifestyle choices as contained within this program have overwhelmingly reported positive results. You are highly encouraged to perform your own research and engage in due diligence with a licensed professional.
- Online programs, guided courses, and other information products the Company makes available for purchase a variety of information products related to wellness, mindset coaching, finances, and other issues. These products are self-directed on the part of the customer. Like any journey, that of self-discovery is not without risk, and travellers are urged to take safety measures. If in the course of engaging in introspection or other activities under the guidance of the product, the customer begins to experience raw or otherwise difficult or confusing emotions, that individual is encouraged to seek licensed therapy as soon as possible, particularly if such therapy has not already been in process.
You agree to defend, indemnify, and hold harmless the company and any associated companies and their associates from and against all liabilities, damages, and costs resulting from the violation of these terms and conditions. This wrongful or negligent conduct, whether conducted by yourself or any other person accessing the website using your information, will be assumed to have been conducted by you and is in no way reflective upon or liable to the website or its company.
Tracey McBeath is not a medical professional.
The resources made available by and through TRACEYMCBEATH.COM.AU are an informational resource for people seeking how to live a low carb healthy lifestyle. The information contained herein and through other sources connected to via TRACEYMCBEATH.COM.AU is based on the personal experiences of Tracey McBeath, shared in the hope that it will spark inspiration and positive change in the reader. Tracey McBeath is not a medical doctor or nurse, and does not hold licenses as a nutritionist or dietitian.
The owners and creators of this website assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found within or material linked to herein. Tracey McBeath cannot guarantee the outcome of following the general recommendations and statements about potential outcomes, which are merely expressions of theory and extrapolation from anecdotal evidence, and not the result of peer-reviewed scientific study. Tracey McBeath specifically disclaim any implied or express warranties about the information and recommendations provided herein.
The information in this website should not be interpreted as medical advice; any recommendations cannot be applied to every individual, without first undergoing a thorough, in-person examination by qualified medical personnel to assess the risks of its application. Readers are urged to consult with a medical professional prior to instituting lifestyle changes. The information provided by Tracey McBeath cannot substitute for professional medical care, whether diagnosis or treatment for any injury, deficiency, or disease.
Possible Affiliate Relationships
While this website recommends certain online resources for wellness and independent business building, neither its creators nor its owners can or will promise any results from the purchase of, or even the faithful following of, such third-party products and programs. While generally speaking, the adherence to reputable health and business advice will yield more positive results than those realized by less enthusiastic participation, each person’s experience will vary, and a lack of expected results will not create any liability on the part of Tracey McBeath.
Recommendations of third party entities may be accompanied by an affiliate relationship between those entities and TRACEYMCBEATH.COM.AU. At all times when such relationships exist, Tracey McBeath, will endeavour to provide proper notice to any audience member exposed to a recommendation, whether written or oral, to a third party with whom Tracey McBeath enjoys an affiliate relationship. However, given that such communication may have occurred before or after your own witnessing of the recommendation, unless an affiliate relationship is specifically disclaimed by TRACEYMCBEATH.COM.AU or Tracey McBeath please assume that all such recommendations carry some form of incentive towards Tracey McBeath though nonetheless they may be carefully curated and recommended in good faith with the best interests of the audience and customer base of TRACEYMCBEATH.COM.AU in mind.
We do not guarantee any measure of accuracy of our content and information on our website or any associated social media platforms. We do not guarantee accuracy for any warranties, liability, or any other damages caused by violation of this agreement. The following is a list where we do not offer accuracy:
Any form of warranty posted on any terms or through any medium which might be implied by law
Any form of liability attached to any loss or damages from using our website. Said loss or damages have no limitations and result from the posts of other users, by using our website, or any hyperlinks or advertisements that are in any way associated with our website. They can include:
○ Data loss
○ Monetary loss
○ Contract loss
○ Company loss
○ Information breach
○ Income loss
Disclosures to Third Parties Not Protected
Any protection afforded by law in your benefit and against TRACEYMCBEATH.COM.AU such as HIPAA compliance requirements for therapy patients, is not and cannot be extended to any third parties, including but not limited to group therapy participants, in person or in online forums such as Facebook® groups organized by the Company. Therefore, your voluntary participation in forums, including those created by the Company, that indirectly result in the publication of your personal information, including your name, likeness, and psychological issues, are by virtue of your use of these forums, you demonstrate both an express understanding of the inherent risks and permanently release the Company and Tracey McBeath from any liability for such disclosure.
Payments for products and services from the Company are made through third party resources, including PayPal, Square, Stripe, and directly through merchants for online courses and programs such as MemberVault.com. The Company cannot be held liable for any breach of security or protocol by these third-party entities, and in using them, you agree that if you are damaged in some way as a result of their behaviour, that you will pursue only the party that is directly involved in a breach of your information, and will hold the Company and Tracey McBeath harmless in such matters.
If you voluntarily choose to share your personal story on the testimonial page, any identifying information that you do provide will be publicly posted and you would irrevocably absolve the Company and Tracey McBeath from any liability for your own public disclosure on that forum. Should you decide after the fact that you were mistaken in posting your personal information publicly, you may contact firstname.lastname@example.org with a request to remove the testimonial. The removal will be affected within a commercially reasonable period of time, but under no circumstances longer than 7 days.
Termination of Usage
We may suspend or terminate any user’s access to all or any part of the TRACEYMCBEATH.COM.AU website including any account thereon, without notice, for any reason in our sole discretion.