Tracey Race Health Coaching Terms of Use and Privacy Policy

Please read this information carefully.

Tracey Race Health Coaching (hereafter referred to as “Tracey Race Health Coaching”) provides Health Coaching, heath, wellbeing, nutrition and fitness services, and related programs, products and services (“Services”) online, via the Tracey Race Health Coaching website (the “Site”) to individuals who use this Site and/or register or purchase my Services (hereafter referred to as “Clients”,). The following Terms of Use and Privacy Policy, as amended or modified periodically (the “Terms of Use”), govern your use of my Services and Site.

By clicking the “I accept” button, or by using my Site or Services, you acknowledge that you are 18 years of age or older (or of your jurisdiction’s required legal age to form a legally-binding contract) and that you have read, understood and agree to be bound by these Terms of Use and Privacy Policy. If you do not wish to be bound by, and comply with, these Terms of Use, you should not access or otherwise use my Site or Services.

Tracey Race Health Coaching may modify these Terms of Use at any time, at my sole discretion, and such modifications shall be effective immediately and supersede all previous Terms of Use on my Site or your notification of such amendments. You agree to review these Terms of Use periodically, and your continued use of my Site or Services shall be deemed as conclusive and full acceptance of any modified Terms of Use.

Privacy Policy

Data Collection

Voluntary Data Collection

Tracey Race Health Coaching collects information that you provide to us, including, but not limited to, when you complete a form, enrol in a course, join a Facebook group, enter a promotion, join my community, or otherwise communicate with us. This information may include your name, address, email address, telephone number, gender, age, payment information, and any other relevant information you may provide.

I will collect personal identification information from Users only if they voluntarily submit such information to me. Users can refuse to supply personal identification information but doing so may prevent them from engaging in certain Tracey Race Health Coaching related activities.

Data for My Online Courses

When you enrol in any of my online courses you may be asked for personal information. Tracey Race Health Coaching is the controller and processor of the personal information collected for these programs.

Tracey Race Health Coaching

I offer independent fitness, nutrition and general health information, as well as coaching, for my clients. The content from this site is provided for convenience. However, the Tracey Race Health Coaching cannot accept any liability for its accuracy or content. Visitors who rely on this information do so at their own risk.

Automatic Data Collection

Tracey Race Health Coaching collects information when you visit my Site or learning platforms. This may include information about your device, operating system and browser type, your IP address (and the general physical location derived from it), the nature of your phone service, referring URLs, link clicks and page visits, interactions with video players, tools, and widgets, and other activity.

Use of “Cookies”

1st Party Cookies

A “cookie” is a small text file placed on a User’s computer to store information about that User. Cookies are not harmful and cannot introduce viruses or extract personally identifiable information. Tracey Race Health Coaching may use cookies to track Users’ visits to the Site, for marketing and advertising purposes, to help Tracey Race Health Coaching improve Users’ experiences, and/or to help Tracey Race Health Coaching understand how the Site is being used.

Users who do not wish to have cookies placed on their computers should disable cookies in their web browser settings, with the understanding that the disabling of cookies may impair a User’s experience on the Site and that certain features of the Site may not function properly without the aid of cookies.

3rd Party Cookies

Tracey Race Health Coaching may allow third-party companies to set and access their own cookies. Such third-party cookies are used to collect data about the Site’ traffic, for statistical analysis of advertisements on the Site and to further customize and enhance a User’s experience on the Site. Third-party cookies may also be used for traffic and conversion analysis and/or remarketing purposes, which may include, but are not limited to, promoting display ads based upon Users’ past behaviour, showing Tracey Race Health Coaching ads across the Internet, and providing reports on User interactions with my advertising services. Tracey Race Health Coaching does not control third-party cookies, and third-party cookies are not governed by this Privacy Policy, but are governed by the privacy policies of the third-party companies concerned.

Users may choose to opt out of, or disable, third-party cookies. Advertisers may allow users to opt out of ads by visiting their websites and customizing the User’s ad-control settings.

Assignment of Rights

In the event of an assignment, sale, joint venture, or other transfer of some or all of Tracey Race Health Coaching’s assets, you agree that Tracey Race Health Coaching may assign, sell, license or transfer any information that you have provided to me.

Use of Data

Tracey Race Health Coaching uses information about you for various legitimate interests, including: helping Tracey Race Health Coaching to detect and prevent fraud; improving network security; providing, maintaining and improving the Site and learning platforms; processing transactions; personally communicating with you; improving your user and learning experience; improving my advertising and marketing efforts; facilitating promotions; contacting Users about programs or courses for which they have expressed interest; and for other legitimate interests. Information about you will be maintained only as long as necessary to serve these legitimate interests. If, at any time, you wish to update or correct your information, or would like us to restrict or discontinue using your information, you can contact us at the address provided below. Note that, in some cases, a request to restrict or discontinue the use of your information may prevent you from continuing to enjoy certain of Tracey Race Health Coaching’s products or services.

Sharing Your Personal information and Disclosure of Data

I do not sell, trade, or rent Users’ personally identifiable information, nor do I otherwise disclose any personal information to any third party for their marketing purposes.

From time to time, Tracey Race Health Coaching may share some of your information with business partners, to operate and improve the Site and learning platforms; to process payments; to transmit emails; to conduct promotions; to host and protect data; to manage advertising; to offer technical and customer support; and for other legitimate interests. For example, if you choose to receive Tracey Race Health Coaching marketing materials or other promotional items, Tracey Race Health Coaching may provide your information to third parties entrusted with fulfilling those requests. You may opt out of receiving these and other emails from Tracey Race Health Coaching at any time through the “unsubscribe” or “manage preferences” link included in such emails.

Any information provided to third parties will only be provided at an aggregated or anonymised level, such that no individual can be identified or linked to the information.

I also disclose information when required to do so by law, or when I believe that such action is necessary to protect the property or rights of Tracey Race Health Coaching, relevant third parties, or the public at large.

Third-party Websites

The Site may contain links to third-party websites that are not controlled by Tracey Race Health Coaching. If you choose to visit such websites, Tracey Race Health Coaching is not responsible for the privacy practices or content of those websites, and it is your responsibility to review the applicable terms and privacy policies of such websites to confirm that you understand and agree with their policies.

Terms of Use

General Terms

Acceptance of Terms and General Provisions

By accessing Tracey Race Health Coaching’s website, www.traceyracehealthcoaching.com including, you agree to be bound by the terms and conditions described herein (“Terms of Use”) and any subsequent changes and updates as may be applied from time to time. Except as specifically stated otherwise, these Terms of Use set forth the entire understanding of the subject matter.

These Terms of Use, including all policies, terms and conditions, or other documents and agreements incorporated by reference, which you accept by using the Services or Site, constitute the entire agreement between you and Tracey Race Health Coaching regarding the use of my Services and Site. Any and all other written or oral agreements or understandings regarding your use of my Services and Site, including any previously existing, are hereby superseded and cancelled.

If any provision of these Terms of Use is found to be unlawful, void or unenforceable, then such provision shall be deemed severable from the rest of the Terms of Use, and shall not affect the validity and enforceability of any remaining provisions.

Modifications

Tracey Race Health Coaching reserves the right to change the Site, these Terms of Use, and any other policies or conditions, without prior notice. Please review this page periodically for any updates or changes. These Terms apply to all visits to the Site, both now and in the future. Your continued access of the Site shall be deemed your notification and acceptance of these changes.

Questions regarding these Terms of Use should be directed to traceyrace@gmail.com or to Tracey Race Health Coaching.

Education, Programs, and Limitations of Professional/Medical Advice

Tracey Race Health Coaching’s programs are of a general nature and should not replace any current medical care you may be receiving. Whilst Tracey Race Health Coaching shares and embraces your enthusiasm for Lifestyle Medicine, if you require more personalised advice, please consult your preferred health professional.

Additionally, Tracey Race Health Coaching -certified health coaches is not a medical professional. Tracey Race Health Coaching does not provide or offer professional medical evaluation, advice, diagnosis or treatment (“Medical Advice”), nor is it a replacement for such Medical Advice. My Services are provided for information only. I will provide you with access to general health education and information, nutritional and fitness advice, and references to other resources, according to the information you supply to or request from me. While I believe that the information I provide is current, reliable, and accurate, Tracey Race Health Coaching makes no such guarantee or warranty.

Before you make use of any Tracey Race Health Coaching Service or information, you hereby agree that you will consult a suitably qualified physician or other healthcare professional for any Medical Advice, particularly if changes in your diet or lifestyle may pose any risk to your health. My Services are not intended for use by Minors, or by individuals whose pre-existing health conditions, whether diagnosed or not, make changes to diet or lifestyle unsafe or otherwise inappropriate.

Furthermore, Tracey Race Health Coaching shall have no obligation or responsibility to monitor Users’ health statuses or conditions, nor to contact or alert any medical or emergency professional. Your reliance on any information obtained through my Site or Services is entirely at your own discretion, and Tracey Race Health Coaching disclaims all liability to you or any other parties in connection with such information.

Code of Health and Disability Services Consumers’ Rights

Tracey Race Health Coaching abides by The Code of Health and Disability Services Consumers’ Rights (“the Code”), which establishes your rights as a consumer, and the obligations and duties of Tracey Race Health Coaching to comply with the Code. Please follow the link to read the Code in full.

Security

Tracey Race Health Coaching employs appropriate technical and organizational safeguards to protect your information, including encrypted and certified web sockets, best practices for user management and security policy, and constant updates, via patches, for known security issues.

When Users submit sensitive information via the Site, all information is protected both online and offline. However, due to the nature of the internet, Tracey Race Health Coaching cannot guarantee or warrant the security of any information transmitted to me or through my Site or learning platforms. Users submit information at their own risk.

Minors

Tracey Race Health Coaching’s products and services are not intended for, nor are they available to, children under the age of 18 years (a “Minor”). The use of my Site or Services by a Minor is strictly prohibited Tracey Race Health Coaching specifically disclaims any and all responsibility or obligation for age or legal status verification of any User and accepts no liability arising from the use of my Site or Services by a Minor. Persons under the age of 18 years are requested to leave the Site immediately.

Payment

You agree to pay all applicable fees and taxes in relation to your purchase of Tracey Race Health Coaching’s Services, and further, you Tracey Race Health Coaching to charge you for such Services using your preferred payment method. All fees are chargeable in NZ Dollars and are non-refundable, except as required by law, or as detailed below under “Refund Policy”. Credit card and/or bank charges and foreign exchange rates are beyond Tracey Race Health Coaching’s control, and I am in no way responsible for these. You are responsible for providing me with complete and accurate billing and contact information, and I may suspend or terminate Services if fees become 30 days past due.

Intellectual Property

Unauthorized use of any material contained on the Site or learning platforms may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes of communications. Tracey Race Health Coaching monitors the use of its intellectual property and may seek legal action against any infringing parties.

All Tracey Race Health Coaching content provided or otherwise made available through the Site, learning platforms, and Services, including, but not limited to, text, graphics, images, music, software, audio, video, learning and other concepts, methods of operation, works of authorship of any kind, design and general appearance, and any other material or information (the “Content”) is the property of, or controlled and/or licensed by, Tracey Race Health Coaching and is protected by relevant intellectual property laws of New Zealand and other countries.

Subject to your agreement with these Terms of Use, Tracey Race Health Coaching grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, and display the Content solely in connection with your permitted use of my Services and Site.

Trademarks and Trade Names

All trademarks and service marks, trade names, logos and graphics (the “Marks”) displayed or otherwise used in my Services, Site or Content, are the registered or common law trademarks of Tracey Race Health Coaching. You may not make any use of such Marks for any purpose without Tracey Race Health Coaching’s prior written consent.

General Prohibitions and Acceptable Usage

In order to ensure a positive and welcoming environment when using Tracey Race Health Coaching’s Services, the following rules of usage will apply. You agree that you will not:

Allow your account to be used for any purpose by any other person (other than an appointed representative subject to your direct supervision);
Attempt to access any other individual’s account, including, but not limited to, attempts to create an account for my Services using another person’s credentials, unless you are their appointed representative, subject to a written agreement detailing such permission;
Create multiple accounts under different names or email addresses, or attempt to re-register an account that has been terminated by Tracey Race Health Coaching;
Post, upload, publish, submit or transmit through my Site or Services any content that:
i is an infringement or misappropriation of any third party’s intellectual property, trade secret, moral right, or right to publicity or privacy;
ii violates, or encourages conduct that might violate, any applicable law or regulation, or that might give rise to civil liability;
iii is fraudulent, misleading or false;
iv is defamatory, obscene, pornographic, or might reasonably be held as vulgar or offensive;
v promotes and/or encourages discrimination, bigotry, racism, hatred, harassment, or harm towards any individual or group;
vi is violent or threatening, or promotes violent or threatening actions towards any person or entity;
vii promotes and/or encourages illegal or harmful activities or substances.
Post, upload, publish, submit, transmit, or communicate in any medium or forum, by any means, content directly to and/or about Tracey Race Health Coaching employees that:
i is defamatory, obscene, pornographic, or might reasonably be held as vulgar or offensive;
ii promotes and/or encourages discrimination, bigotry, racism, hatred, harassment, or harm;
iii is violent or threatening, or promotes violent or threatening actions, or actions that might reasonably be perceived as threatening.
Use Tracey Race Health Coaching’s name, trademarks, logos, or other proprietary material, or the layout and design of any page or form within the Site or Services, without Tracey Race Health Coaching’s express written consent;
Display, mirror, or frame the Services, or any individual element within the Services, without Tracey Race Health Coaching’s express written consent;
Access, use, or otherwise manipulate or interfere with non-public areas of the Services and the Site, Tracey Race Health Coaching’s computer systems, or the delivery systems of Tracey Race Health Coaching’s providers;
Probe, scan, or otherwise test the vulnerability, or attempt to do so, of any Tracey Race Health Coaching system or network, or to attempt to breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any system or measure implemented by Tracey Race Health Coaching, or any of my providers or any other third party (including another User) to protect the Services, Site, or Content;
Interfere with, or attempt to interfere with, the access of any User, host or network, including, but not limited to, intentionally posting or transmitting any file containing a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive code or feature;
Use any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, and data mining tools) to access or search the Site, Services, or Content, other than such software provided by Tracey Race Health Coaching, or other generally available third-party web browsers;
Post, upload, publish, submit or transmit through my Site or Services any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or other forms of solicitation;
Use the Services, Site or Content for any commercial purpose, or for the benefit of any third party, or in any manner not permitted by these Terms of Use;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or falsely-identified information;
Use any metatags or other hidden text or metadata that make use of Tracey Race Health Coaching trademarks, logos, URLs, product names, or other proprietary material, without Tracey Race Health Coaching’s express written consent;
Collect or store any other Users’ personally identifiable information without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Encourage or enable any other individual to do any of the foregoing.
The content and information contained in all communications sent through Tracey Race Health Coaching’s Site and Services, including, but not limited to, accuracy, veracity, and completeness, are the sole responsibility of the sender of such communications. Whilst Tracey Race Health Coaching reserves the right to monitor and record, remove, or edit all content within my Site and Services, I are not obligated to do so. Furthermore, Tracey Race Health Coaching is in no way responsible or liable for the performance or otherwise of such monitoring and removal/editorial activities.

Limitation of Liability

Neither Tracey Race Health Coaching, nor any other party involved in the creation, production, or delivery of Services and/or Content shall be, under any circumstances, liable:

to you for any punitive, special, incidental, consequential or other indirect damages (including, but not limited to: damages for loss of data or goodwill; loss of programs and/or software; loss of profits; costs associated with the procurement of substitute services, or costs of service interruptions) arising from, or related to the use of, or the inability to use, the Services or Site, and any and all equipment or devices received by you as part of your use of in the Services, even if Tracey Race Health Coaching or its agents or representatives know, or have been advised of, the possibility of such damages arising;
to any other person or entity for any damages whatsoever.

Additionally, Tracey Race Health Coaching disclaims all liability, regardless of the form of action, associated with the acts or omissions of other Users, or unauthorized users (e.g., “hackers”), of the Services, except where such liability is a consequence of Tracey Race Health Coaching’s gross negligence or willful misconduct.

Under no circumstances shall Tracey Race Health Coaching be liable to you, or any other party, for any amount in excess of the amounts paid by you (or by a third party on your behalf, and then only to the extent that any such amount is directly attributable to you) to us for access to the Services and/or Site.

These limitations or exclusions may not apply in certain jurisdictions. Any other rights may vary by jurisdiction.

Violation of the Terms of Use

Tracey Race Health Coaching reserves the right, in addition to other rights and remedies that may be available to us, to terminate or suspend any User’s access or use of the Services or the Site, without notice, if I believe, at my sole discretion, that such User has violated these Terms of Use.

Termination

You may cancel your account at any time by emailing us at [Your Name or Company name email address]. In such circumstances, Tracey Race Health Coaching shall not be required to provide you with a refund or any other compensation.

If you violate these Terms of Use, I reserve the right to terminate or suspend your account or use of the Services at any time, without the requirement to provide a refund or any other compensation.

Upon termination, discontinuation or cancellation of your account, or the provision of my Services to you, all provisions of these Terms of Use which should survive will survive, including, but not limited to: content rights and intellectual property ownership, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.

Dispute Resolution and Governing Law

These Terms of Use shall be governed and construed in accordance with New Zealand law, and the laws of New Zealand are applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim or cause of action arising out of, or related to, your use of the Services, Site, and/or Content shall be brought exclusively in the appropriate courts of New Zealand. The language of any proceedings arising from these Terms of Use shall be English.

It is your responsibility to comply with applicable local laws if you access my Services or Site from other jurisdictions. Acceptance of these Terms of Use shall in no way affect your statutory or other consumer rights which cannot be, or have not been, altered, limited or waived by these Terms of Use. You are advised to consult with a legal professional in your own jurisdiction for the exact implications of these Terms of Use.

Regardless of any statute or law to the contrary, any claim or cause of action against Tracey Race Health Coaching arising from or related to your use of my Services or Site must be filed within one (1) year of such claim or cause of action arising or it be forever barred.

If you have a dispute with one or more of my Users, you hereby release Tracey Race Health Coaching from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising from, or in any way connected with, such disputes.

Personal Information and Privacy Policy

All information provided by you or collected by us in connection with your use of my Services, including your payment information and health information (“Personal Information”), will be collected, used and disclosed pursuant to the terms of my Privacy Policy, which is incorporated by reference and available online at www.traceyracehealthcoaching.com. Tracey Race Health Coaching may amend the Privacy Policy from time-to-time, in its sole discretion, without being liable to you or any other person, by making an amended Privacy Policy available through my Site or otherwise notifying you. Each time you use my Site, you consent to the collection, use and disclosure of your Personal Information (including your Personal Health Information) by Tracey Race Health Coaching in accordance with my Privacy Policy, as amended.

Links to Third-party Websites

Whilst my Services and Site may contain links to third-party websites, social media platforms, or other resources, such links do not form part of my Services or Site. These links are provided only as a convenience to you and Tracey Race Health Coaching are not responsible for the content, products, or services such links may refer to. Tracey Race Health Coaching does not endorse or control any information provided by any third party and assumes no responsibility for any materials which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. It is further your responsibility to review applicable agreements and policies when visiting any third-party websites, including policies associated with the use, collection and disclosure of your Personal Information.

Internet Service Provider Charges and Other Charges

Tracey Race Health Coaching assumes no responsibility or liability for any mobile, cable, or other internet service provider (ISP) charges, including, but not limited to, data charges, long-distance charges, per-minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. ISP and related disputes are strictly between you and your service provider.

In the course of your usage of Tracey Race Health Coaching Services, you may receive text messages in connection with such use. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for the texts you receive, and Tracey Race Health Coaching assumes no responsibility or liability for any such charges.

My Communication with You

Subject to providing your express consent as evidenced by your checking the option box during registration for my Services or Site, you consent to receive (via email, or through the Services or Site) communications from us regarding your use of the Services and Site. Furthermore, you additionally authorize us to send you other communications, newsletters, or offers regarding third-party products and services. If you do not opt-in to receive such communications, the remainder of the Terms of Use shall continue to apply for your use of my Services and Site.

Refund Policy

In the unlikely event that you are dissatisfied with the purchase of a Tracey Race Health Coaching product or service, please contact us within the first 30 days of purchase and I will provide a full refund.

Complaints Procedure

If you are dissatisfied with the service you’ve received from Tracey Race Health Coaching, I’d like to hear about it. I have a dedicated process for addressing your concerns, resolving any outstanding issues, and to enable us to continually improve.

Please use my resolution process for matters relating to:

my services, whether in person, via email, by phone, or on my website
my website generally
an enquiry you’ve made
a product or service you have purchased from me
how I have carried out a process, including those on my website or in the Standards and Accreditation Act 2015
a situation where you feel I didn’t communicate with you clearly
a situation where you believe you weren’t treated with courtesy or respect.

How to complain

Please write to me either via email or letter: www.traceyracehealthcoaching.com OR

Complaints Officer Tracey Race Health Coaching, 37B Atkinson Road, Titirangi 0604, Auckland New Zealand, or traceyrace@gmail.com

Please include:

your name and email address
your company name, if applicable
account details, if applicable

Timeframes for resolving complaints

I aim to:

acknowledge receipt of a complaint within 2 working days
respond to complaints within 15 working days

If you have more than one complaint, or your complaint is about more than one issue, I may need more time. If this happens, I’ll let you know.

Assessing complaints

When I assess complaints, I aim to:

keep an open mind and take a fresh look at the issues raised
acknowledge any mistakes and put them right if I can
have my response checked for quality, completeness, and accuracy
be fair
see things from your point of view
understand the reasons for you having lodged a complaint, and address those reasons
escalate your complaint to the correct people, as necessary
keep in mind the context of my scope and role
operate within legal boundaries and business policies

What I need from you

It makes it easier for us to resolve your complaint if you:

clearly identify the grounds for your complaint
provide any extra information I ask for
act honestly and treat me with courtesy and respect—I will do the same for you

Personal Information

I will use the personal information you give me to correspond with you in relation to your complaint. I will not share your personal information unless it’s necessary (for example, to fully and fairly investigate your complaint). I will not use it for any other purpose, or disclose it, except, in exceptional situations, for reasons permitted under the Privacy Act 1993 or—in rare instances—if I am required to do so by law (for example, to investigate a criminal offence).

DISCLAIMER

a. No Warranties. Information on the Site and learning platforms is provided “as is”, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. No Liability. In no event shall Tracey Race Health Coaching be liable for damages of any kind relating to use of the Site and learning platforms, including, without limitation, any special, indirect, incidental, or consequential damages, even if Tracey Race Health Coaching has been advised of the possibility of such damages.

c. Accuracy. Although every effort is made to ensure the accuracy of published information on Tracey Race Health Coaching’s Site, they may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. Tracey Race Health Coaching assumes no responsibility for errors or omissions on the Site or in documents referenced by, or linked to, the Site.

Feedback

Tracey Race Health Coaching welcomes your feedback, and I encourage your comments and suggestions for improving my Services, Site and User experience. You can contact me at www.traceyracehealthcoaching.com and by submitting your feedback, you grant me a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon, and otherwise use, your feedback for any purpose.