SMS Accelerator - Terms

Purchase Agreement

BACKGROUND

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SMS ACCELERATOR PROGRAM by Tracy Harris Co®. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Tracy Harris Co® (ACN 98344992371) provides business mentoring, Instagram strategy services and support products for start-up mums in business.
The services and products provided by Tracy Harris Co® have been created with a deep intention to provide business development support to start-up mums by award-winning teacher and mentor, Tracy Harris.
You can purchase a range of business mentoring and Instagram strategy service packages to meet individual client needs via this website.
This Purchase Agreement (Agreement) forms a binding contractual agreement between you, the Purchaser, and Tracy Harris Co®.

These Terms of this Agreement are important and you should ensure that you read them carefully and contact Tracy Harris CoⓇ at [email protected] if you have any questions before purchasing our Products and Services.

This Agreement constitutes the entire and only agreement between the purchaser (you) and Tracy Harris Co® (us) and supersedes all prior agreements, conduct, representations, and understandings.
We value your personal information and will not share your information without your express consent. Please view our Privacy Policy in full here

By proceeding with your purchase, you confirm that have the legal capacity to enter into this Agreement and to be bound by its terms.

ACCEPTANCE of TERMS
By accessing, downloading or using the Products and Services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
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 the Products and Services.

SERVICES and PACKAGES
Social Method Society Accelerator Program - A 4-week coaching container for woman who ready to accelerate out of procrastination and into progress. Available for current Social Method Society members only. 

PRICING and PAYMENT
Pricing
Current prices and packages are as follows:
Social Method Society Monthly Accelerator Program = A one-off payment of $1,100 AUD which includes 4 x coaching calls. 

All prices included GST for accounts with a registered Australian address.
Tracy Harris Co reserves the right to change fees and charges at any time without notice. Please check the website for updated fees and charges.
All credit payments are required to be made online via PayPal or Stripe.

Online Payment Security
Credit card details of all account holders may be retained by the payment gateway, integrated into our e-commerce platform, Kajabi and our email marketing provider ActiveCampaign.

REFUNDS
You understand and agree
Due to the digital nature of the product refunds are not available for any purchase or download, unless there is a breach of the Australian Competition and Consumer Act 2010.

The Social Method Society Accelerator Program is a 4 week transformational program for current SMS members only. It is a one off payment and includes 4 x coaching calls with coach Tracy Harris. If you are unable to attend the calls live, replays will be available via the website. 

If you are unsatisfied with the site content or coaching calls for any reason, you can opt to not attend any remaining calls. Please contact our support team ([email protected]) for any and all queries relating to the program.

*NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCE.

NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR BUSINESS AND PERSONAL DEVELOPMENT FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.


RIGHT TO TERMINATE
Tracy Harris Co reserves the right to terminate your use of the Site and Services generally if you breach these terms, as determined by us in our sole discretion.

LICENSE
Upon purchase of any product or service under this Agreement, including but not limited to eBooks, Workbook, Videos and all PDF downloads (Our Content) Tracy Harris Co® grants the purchaser a perpetual, worldwide, restricted, and non-exclusive license for use of such content for personal use only.

Restrictions
All materials produced by Tracy Harris Co® are not for reproduction or use as a training tool in your own workshops or communities or for distribution to and use by your clients without the express permission in writing from Tracy Harris Co®.
An application for permission to use any materials or content may be submitted to [email protected].

COPYRIGHT AND INTELLECTUAL PROPERTY (Trademarks)
All material on this Site or otherwise delivered by Tracy Harris Co® including (but not limited to) eBooks, videos, graphics, (Our Content), is subject to copyright.
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Tracy Harris Co for The Social Method Society, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Site or our content.
The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Tracy Harris Co®
The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Tracy Harris Co®, in any manner that is likely to cause confusion with customers, or in any manner that disparages Tracy Harris Co®
Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Tracy Harris Co® will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

Privacy
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.


GENERAL DISCLAIMER
All Tracy Harris Co® products and services are intended for general education and information purposes only.
Tracy Harris Co® provides Instagram support, guidance and tools for small business, 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 personal business and marketing skills and background and application.
Any testimonials and examples of our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
You acknowledge and agree that Tracy Harris Co, its employees 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
Tracy Harris Co® cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information or strategies.
You acknowledge that there is an inherent risk in any business enterprise or activity and there is no guarantee that you will earn any money as a result of your purchase of our Products, Membership or Services.
The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

DISPUTE RESOLUTION
Should a dispute arise between us, we strongly encourage you to contact Tracy Harris Coe® at [email protected] to seek a resolution.
Any reasonable requests will be considered and Tracy Harris Co® will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

APPLICABLE LAW
These Terms shall be construed in accordance with and governed by the laws of the State of NSW, Australia.
You consent to the exclusive jurisdiction of the courts in NSW to determine any matter or dispute which arises between you and Tracy Harris Co.
By proceeding with your purchase, you are deemed to have read, understood and agreed to the terms of your purchase under this Agreement. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.