TERMS AND CONDITIONS

Tracey Montgomery General Terms and Conditions of Service – 2021

By using this website, products or services provided by Tracey Montgomery (TM), you agree to these General Terms and Conditions of Service 2021 (TC’s).

Your use or access to the website and any services or products provided by Tracey Montgomery is conditional upon your acceptance of and compliance with these Terms and Conditions.

You warrant that you are at least 18 years of age and have the right to enter into a legally binding contract. If you are under the age of 18 years, written consent from a parent or guardian is required.

Conditions of Use of this site and products and services

Medical and Health Disclaimer

You should obtain advice from a qualified medical, health or other professional person before relying on the contents of information on this website or any products or services provided by Tracey Montgomery (Tracey Montgomery) so as to determine their suitability for use by you. Tracey Montgomery is not a medical professional and does not give, or purport to give, any medical diagnosis or advice. Nor should anything contained in this website or any products or services provided by Tracey Montgomery be construed as medical advice or diagnosis. The products and services offered on this website are for information and educational purposes only.

You are required to obtain advice from an accredited medical professional before you undertake any course/ program. It is strongly advised that this program not be undertaken by any individual such as:

1. Individuals who are pregnant, are breastfeeding, or trying to conceive a child.

2. Individuals with any ongoing physical condition including:

cancer or any other long term illness;

liver disease, kidney disease or renal failure;

eating disorders;

diabetes, blood pressure or cholesterol issues

elderly persons;

individuals who are recovering from recent illness or injury; and

individuals with a low body mass index.

If you possess one or more of these conditions and still wish to undertake the course / program we require a letter from your medical practitioner stating you are capable of participating.

Disclaimers and Warranties

The disclaimers and warranties set out below form part of these Terms and Conditions in relation to all information and content on this website and all products and services provided by Tracey Montgomery.

All is provided on an “as is” and “as available” basis without any warranties of any kind (express or implied). Tracey Montgomery does not make any warranties:

that the website will be error free or uninterrupted;

that any file downloaded from the website is free of any virus or contamination or destructive features or that receipt of emails or other communication via the internet such as Facebook, Twitter etc;

as to the merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement of any product, service or publication on this website, or one that is able to be accessed through any link on this website;

that a particular result or benefit will be achieved by using any of the information, products or services available through the website or as provided by Tracey Montgomery. You acknowledge that results may vary from person to person and that you are using the information, products and services at your own risk;

that any information provided is current, accurate, correct or reliable, although all is provided in good faith and is believed to be accurate as at the date of publication. You acknowledge that it may be updated from time to time and that products or services may experience price changes, described inaccurately, or be unavailable. This applies to all content, information or material contained on this website or that can be accessed through any link on this website.

Tracey Montgomery reserves the right to change or update information and prices, correct errors, inaccuracies or omissions at any time without prior notice to you.

Third Party Content and Links

These Terms and Conditions only apply to this website and products and services provided by Tracey Montgomery. Tracey Montgomery or third-party users of Tracey Montgomery’s website and social media forums may provide links to other websites or resources via Tracey Montgomery’s website or social media forums. Tracey Montgomery has no control over these third-party sites, content, products or services. It is the user’s responsibility to read the terms and conditions, privacy policies and guidelines of any other website or product or service before using it. You acknowledge and agree that Tracey Montgomery does not endorse (and is not responsible or liable for) any third party’s website, content, products, services or anything related to them. You further acknowledge and agree that under no circumstances will Tracey Montgomery be held responsible or liable, whether directly or indirectly, for any loss or damage that you suffer, or allegedly suffer, in connection with your use or reliance on the website, content, products or services available on any other website or from any third party, or the actions or failure to act of any third parties who are referenced on the Tracey Montgomery website.

Limitation of Liability

Indirect and Consequential Loss

To the extent permitted by law in no event will Tracey Montgomery (or her employees, agents or subcontractors) be liable to you for any indirect, special or incidental, punitive, exemplary or consequential loss, costs expenses or damages (including loss of revenue, data, profits or opportunity whether directly or indirectly), suffered or incurred by you and arising out of or in connection with your access to or use of the website, any linked website, your reliance on any information on the website or use of products or services available on it, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute or any other basis of liability.

Total Liability

To the extent permitted by law, Tracey Montgomery’s total liability in respect of all claims in connection with use of this website, or products and services provided by Tracey Montgomery or any agreement with Tracey Montgomery (whether based in negligence, or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you (up to and including the date the cause of action accrued).

The limitation of liability set out above does not attempt or purport to exclude liability arising under statute if, and to the extent that, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify Tracey Montgomery and any employees, agents and subcontractors from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a Solicitor/Client basis) suffered or incurred by us, which arises as a result of your breach of these Terms and Conditions.

Intellectual Property

This website (including content, material, recipes, exercise programs, logos and video) are owned by Tracey Montgomery and remain the exclusive property of Tracey Montgomery and her licensors. Nothing in the website should be interpreted as granting any right to commercial use or distribution of or transfer of intellectual property rights from Tracey Montgomery to you of same without Tracey Montgomery’s express, written consent.

Personal Information Collection Notice

In using the website or any products or services provided by Tracey Montgomery, you may be required to provide certain personal information in which you have certain rights. Your personal information that Tracey Montgomery may collect, use and disclose, may include sensitive information relating to your health, age, height and weight and how you pay for Tracey Montgomery’s products and services. This information is required in order for Tracey Montgomery to provide you with the products and services.

Tracey Montgomery collects, uses and discloses your personal information for the reasons set out in the Privacy Policy only (see website for a copy of the policy). If Tracey Montgomery requires your personal information for any other reason, Tracey Montgomery will notify you separately at the time of collection. Tracey Montgomery usually discloses personal information collected on a confidential basis to contractors and service providers (such as financial service providers) so that they can provide a service to Tracey Montgomery (which in turn enables Tracey Montgomery to provide services to you). Unless you ask Tracey Montgomery not to, she may also use your personal information to send updated information and other promotional material to you.

You consent to your personal information being used and/or disclosed for any reasons given to you by Tracey Montgomery (at the time of collection), including the reasons set out in Tracey Montgomery’s Privacy Policy. You also consent to us using and disclosing your personal information to financial service providers to allow processing of your payments.

You always have the right to request Tracey Montgomery to delete or correct information held about you.

Payment and Refunds

Payment is required before access and use of any Tracey Montgomery Program / service is granted. Tracey Montgomery reserves the right to terminate your access or not provide any product or service if your required payment is not made or any instalment payment due has not been paid on time.

By completing this purchase, you acknowledge, agree, and authorise us to charge your card on a recurring basis to this planned timing.

Please note if you are paying in instalments:

If your card/account is declined for any reason (insufficient credit, closed, expired, or other reason), we will contact you to update your payment information. You agree to do so within 5 business days. Failure to update your account information will cause your access to the program to be suspended until payment is made. This is not a pay by month, or pay for partial access agreement, which would not be fair to those who have committed to the entire payment plan. You will not be refunded.

All fees set and cannot be cancelled and non-refundable.

If you have chosen a service that requires payment by instalments for a specified term you acknowledge that you are liable for all payments, until the end of the specified term and your account will continue to be debited until the end of the specified term.

When providing Tracey Montgomery with credit card, account or other personal financial details to make a payment, you warrant that you have given the legal right to use that credit card/ account to make purchases and the information that you are supplying is true, correct and complete.

We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product or service availability, errors in the description or price, any other error in your order, or for fraud or unauthorised or illegal transactions, whether actual or suspected.

1. Payment Default

1.1. If the Customer:

(a) Fails to pay for any Goods or services on the due date; or

(b) Otherwise breached this agreement and failed to rectify such breach within seven days; or

(c) Cancel delivery of Goods or services; or

(d) Commits an act of bankruptcy or allows a trustee in bankruptcy or receiver and manager to be appointed to the Customer or any of its property; or

(e) Allow a judgment or order to be enforced or become enforceable against the Customer’s property; or

(f) Permits proceedings to be commenced to wind the Customer up or controller, receiver, administrator, liquidator or similar officers appointed to the Customer in respect of any part of its property;

then the Company may enter upon the Customer’s premises (doing all that is necessary to gain access) where Goods supplied under this contract are situated at any time and re-take possession of any or all of the Goods the Company has supplied to the Customer and:

(i) Resell the Goods concerned;

(ii) Terminate the agreement; and

(iii) Sue for any monies owing.

1.2. The Customer will be in default if the Customer does not pay any monies payable when called upon so the Customer and the Guarantor(s) jointly and severally acknowledge and agree that the Company is authorised to contact a credit reporting agency throughout the term of the Agreement to obtain a report about the creditworthiness of either the Customer or the Guarantor(s) or both.

1.3. The Customer and the Guarantor(s) jointly and severally authorise the Company to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.

1.4. The Company reserves the right to report a Customer's delinquent account to a credit reporting agency should payment remain outstanding for more than 60 days. In addition, the Company may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Customer acknowledges and agrees to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day the Company refers the matter to their nominated debt collection agency. The Customer shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own Customer or indemnity cost basis.

Severance & Termination

We may terminate or suspend your access to this website or any product or service immediately, without prior notice, for any reason, including if you are in breach of these Terms and Conditions. Tracey Montgomery is not liable to you or any third party for any claims or damages arising out of any termination.

If a provision of these Terms and Conditions is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

Variation

If you do not agree with any of the Terms and Conditions or any amendment, modification, or replacement you must stop using the website, product or service immediately. Your continued use of the website, or a product or service will constitute acceptance of these Terms and Conditions (and any amendment, modification or replacement from time to time) by you.

Survival

All terms which by their nature should survive termination, shall survive termination and expiry of any registration or membership or other agreement between you and Tracey Montgomery, including without limitation, the above-mentioned clauses regarding warranty disclaimers, indemnity and limitation of liability.

Governing Law

These Terms and Conditions are governed by the law of the United Kingdom. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

Disclaimer

We have made every effort to accurately represent the Program and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including their background, beliefs, dedication, desire, and motivation. By signing below, you acknowledge that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result of your participation in the Program and that you take full responsibility for your business growth. By signing below, you also acknowledge that you have represented to the Company that payment of your Program membership fees will not place a significant financial burden on yourself.

The Program instructor is not qualified to provide legal, tax, accounting or financial advice, and the information provided to you by the Program instructor is not intended as such. You should refer all legal, tax, accounting, and financially related inquiries to appropriately qualified professionals.

These Terms of Purchase & Community Guidelines are the entire agreement between us. This Terms and Conditions statement supersedes our prior discussions, emails, online or voice messages.

Content and delivery

Program - Online Business Accelerator

Modules and outline

Duration - 8 weeks

Delivery - Online training in members area - Videos / worksheets, weekly group Q&A on Facebook group here Q and A /ZOOM, Facebook group/community daily, live time questions answered.

Program Steps

> Week 1 - Get Clear On Your Client - Ideal customer Get very clear, you should not market , video , price and package until you know this

> Week 2 - Brand Identity - Your dynamic brand Designing and strengthening your branding that makes you stand out from the crowd to your ideal market.

Week 3 - Package & Price Your Program Based on your ideal market we make this perfectly aligned to your target market.

> Week 4 - Organic Marketing Funnel So important to be strategic about getting leads into your business

> Week 5 - Paid Marketing Funnel Use my model to bring in more leads.

> Week 6 - Mastering the Strategy Session Call - Sales Sales are very important to your business. No customers no business

> Week 7 - Video - and how to use it in your business for impact How to use Video effectively to get in front of more of your customers

> Week 8 - Mind set / Being consistent

Consistency is king/ the walk of the entrepreneur.

Community Guidelines

Big Girl’s Pants Welcome to our Community!

We’re are happy to have you here!

This is our space to grow together. So it’s Tracey Montgomery job to keep it an amazing, safe and a supportive place to be. With that said, it’s time to make it clear that there are some ground rules for the comments and Facebook groups.

RULE #1 Be nice. The course you are a part of is a supportive community where we can all grow together. In order for a community to be its best, we must all be our best. There is no tolerance for bullying, bitching, drama, gossip, or toxic negative energy towards any client, staff member of Big Girl’s Pants and Tracey Montgomery. If you bring negative energy into this community, not only are you hurting every client, staff member, Tracey Montgomery’s experience, but you’re also hurting yourself. Failure to abide by this rule will result in immediate and permanent expulsion from the community & course without a refund.

RULE #2 No Spam, No Self Promotion or Solicitation. This community is not a place for you to get leads, poach or find clients for your business. Never email or contact any other members of this group without their permission (this includes adding them to your email list). Breaking this rule will result in immediate removal of the course and community without a refund. If you have any question about this rule Email biggirlspants@yahoo.com Don’t contact or offer someone help only to funnel them into a call, paid service or an affiliate link. Let your business make money ethically. This is a community of honest entrepreneurs who are here to grow.

The Facebook Group.

Our FREE online mastermind communities (Online Clients Accelerator , Get Clients Fast System and other PAID Support groups ) are only for those who are in good standing. Various team members of Linda Morrison Pty Ltd will serve as managers for each group. We don’t control Facebook. If they decide to change their policies, or they choose to charge members of Facebook groups, then there’s really nothing we can do about it. This may result in the limiting or removal of our ability to keep this Facebook group open. We reserve the right to eliminate the Facebook group entirely if the group guidelines listed above (and below) are not honoured. If you have any course delivery/technical questions, then email us directly biggirlspants@yahoo.com the office hours are 9:30am to 3pm Monday to Friday. Don’t use the Facebook group to ask these questions. We can help you better one on one through email.

While this Facebook group is an amazing supportive community, it is not the place to go looking for professional therapy support.

Any opinions, ideas, advice, or other contributions made by members of this community are those of the author.

Please, please follow the guidelines. We want this to be an amazing experience for you. But if you make a mistake, if you slip up, here’s what we might have to do. We might remove your post without notice. If your post is inappropriate, self-promotional, unethical, hurtful, challenging, asking course delivery/technical questions or at all inappropriate, we reserve the right to remove it immediately.

We might contact you directly to let you know that you’ve violated our guidelines.

We could also have our lawyer contact you if the issue is serious enough.

We could have to remove you completely from the course and the community.

If you have any questions about the above guidelines, please reach out to us and ask. Email: biggirlspants@yahoo.com We will definitely answer your question, because we don’t want any of these things to happen to you. We do reserve the right to change these Community Guidelines. If we do, we will be sure to let you know, and we will post the revised Community Guidelines in the Facebook group for you to see.

Contact Us

If you have any questions regarding these Terms and Conditions, please contact Tracey Montgomery at info@traceymontgomery.org Mobile +44 (0)7968 787097