Perform Better Pro-Ed

Terms & Policies

Privacy Policy

This web site is owned and operated by Perform Better Pro-Ed. The Internet Privacy Policy relates to the collection and use of personal information you may supply to us through your conduct on the website 

We recognise the importance of protecting the privacy of information collected about visitors to our website, in particular information that is capable of identifying an individual (“personal information”). We adhere to the Australian Privacy Policy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information obtained through the website.

Perform Better Pro-Ed collects personal information from you in a variety of ways. This information is collected and stored only when knowingly and voluntarily submitted.

When we talk about  “Personal Information” in this Privacy Policy, we are talking about both, Device Information and Order Information.

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect this using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information.”

We may need to collect additional information at other times when providing you with further services. This may be when you communicate with our customer service team, through feedback, personal or business affairs, changing your order, email preference, responding to surveys/promotions, financial or credit card information, or to answer or forward any requests or enquiries through us or 3rd parties. It is our intention that this Privacy Policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.

Credit Card details are processed through a secure encrypted site and are only stored for the processing of payment. At no time does Perform Better Pro-Ed or it’s employees have access to this information.

Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this Internet Privacy Policy or at the time of collection. We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

  • Communicate with you;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

Perform Better Pro-Ed, from time to time, may use your personal information to provide you with new or additional information about our products and services so we may better service your needs. This may be through a variety of ways, telephone, email, sms or mail.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

In certain circumstances, we may disclose your personal information to those 3rd parties in order to meet your request for goods or services. Where we disclose information to 3rd parties, we will request they follow this policy regarding the handling of Personal Information.

For example, we use Shopify to power our online store–you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

We also use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Apart from where you have consented, or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally/unintentionally) with our legal rights of protecting copyright, trademarks or the safety of Perform Better AU, https://perform-better.com.au, it’s customers or 3rd parties, property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.

If there is a change of control in our business, or a sale or transfer of business assets, we reserve the right to transfer, to the extent permissible by law, our user databases, together with personal or non-personal information and providing that the potential buyer agrees to maintain confidentiality.

Perform Better Pro-Ed is committed to ensuring the security, integrity and privacy of your personal information submitted to our sites. We continue to review and update, in light of current technologies our security measures to protect it from misuse, interference, loss and unauthorised access, modification and disclosure. Although we take measures to safeguard information against unauthorised disclosures, unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. The transmission and exchange of information is carried out at your own risk.

However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.

We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

We provide links to websites outside of our website, as well as to third party websites. These links are for your convenience only and are not under our control. Perform Better Pro-Ed cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we encourage you to examine the terms and conditions of using that website and its privacy statement.

If you have any complaints about our policy practises, please feel free to send details of your complaint to PO Box 1586 Carindale, QLD 4152. We take complaints very seriously and will respond shortly after receiving written notice.

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. This means that we may need to modify it. Modifications will be effective immediately. Please check back from time to time to review our Privacy Policy.

If you have any further queries or concerns relating to our Privacy Policy, please contact us.

For more information about privacy policies in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s website; http://www.privacy.gov.au/

Perform Better Pro-Ed undertakes to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must contact our office for an Authorisation number where we will also set out our requirements relating to return of such goods.

We also undertake to exchange any undamaged product (excluding CD’S, DVD, videos, and printed materials such as manuals, flash cards, charts, etc.) purchased from us as long as it is returned unused and with proof of purchase within Fourteen (14) days of the purchase. If undamaged goods are returned to us for exchange, applicable restocking fees may apply. We do not refund any package and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.

If we are unable at the time of return to replace or exchange returned goods, we will reimburse your account/credit card for the amount initially debited for the purchase.

WEBSITE TERMS OF USE AND DISCLAIMER

Welcome to our website. This website (located at https://perform-better.com.au) is owned and operated by QPEC Pty Ltd as trustee Kenren Family Trust T/A Perform Better Australia (ABN 77 099 525 120) (“Perform Better Australia”, “we”, “us”). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use and disclaimer which, together with our Privacy Policy, govern our relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

Please note that further terms and conditions govern the purchase of any goods and services described on our website. Please refer to our Terms and Conditions of Sale.
Your use of this website is subject to the following terms and conditions:

The content of this website is for your general information and use only and is subject to change without prior notice.

You can only ever use our website for lawful purposes (such as researching our goods and services or contacting us) in a manner consistent with the nature and purpose of the website, and in a way that doesn’t impact on anyone else’s use and enjoyment of the website. We have a zero-tolerance policy for users who conduct themselves unlawfully or encourage such conduct, who post any defamatory, obscene, offensive or scandalous material, harass or cause distress or inconvenience to any person, or disrupt the website. We reserve the right to ban any users who engage in such behaviour.

You’re not permitted to change, add to, remove, deface, hack or otherwise interfere with our website or any material or content displayed on the website, or attempt to do any of those things.

Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.

Unless we say otherwise, all rights (including copyright) in the website are owned or controlled by us and are reserved by us.

Any reproduction of the website or website content is prohibited other than in accordance with these terms.

All designs, trade marks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.

As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device’s cache memory and to print pages from the website for your own personal and non-commercial use.

Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the website will transfer any intellectual property or associated rights.

If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute the same to us and link back to our website. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.

We’ll sometimes ask our users to contribute content to our website or social media. Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, designs, images, videos, audio, marks or other information) will be deemed to be non-confidential and non-proprietary, unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.

We maintain a blog on our website to keep you up to date with the latest in Health and Fitness. As a website user, we may give you the opportunity to comment on our blog posts. Please note that we regularly screen and review blog comments. We reserve the right to remove comments that we consider may not align with our brand values. You are expressly prohibited from posting any comment or content that is defamatory, offensive or otherwise inappropriate. You warrant that all information that you submit to us via our website is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.

We may also feature guest bloggers from time to time. We want you to know that we don’t necessarily endorse or support any views, opinions, standards or information expressed in guest blogs and/or the comments section of our blog.

If you find something offensive or inappropriate, please don’t hesitate to get in touch with us and we’ll review the material to see whether it should be removed.

We take your privacy seriously. All information we collect through your use of the website and how we use and disclose it is set out in our Privacy Policy, which is available on our website.

If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our website, we may impose certain terms or conditions.

If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may ask you to remove the link. Refusal will constitute a breach of these terms.

We may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. We have no control over the nature, content and availability of those websites. For your own safety, please make sure you check the protocols and standards of the linked sites before using them.

We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services. By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy, which is available on our website.

Our website is security assured by Hostpapa. We use our best endeavours to ensure the website is free of any malware, bugs, viruses, trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.

Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth (ACL).

Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or these terms (including as a result of not being able to use the website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.

We make the website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided “as is” and “as available” we don’t make any representations or warranties of any kind and we exclude all liability for loss or damage you might suffer because of: 

  • failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third party conduct arising out of the website;
  • unsuitable or out of date information on the website (including third party material and advertisements on the website);
  • you or any other person acting or not acting, on any information; personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website;
  • any unauthorised access to or use of information or data, including personal and financial information, collected by us;
  • any interruption of transmission to or from the website;
  • any unauthorised access to or use of information or data, including personal and financial information, collected by us;
  • any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites;
  • costs incurred by you in using the website;
  • and links which are provided for your convenience.

It is your own responsibility to ensure that any services or information available through this website meet your specific requirements. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

If we decide to change these terms (and we can do so at any time), we’ll post a copy of our revised terms on our website. Changes to the terms will take effect immediately on being published on the website. Your continued use of the website indicates your acceptance of the revised terms.

If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force.

NO AFFILIATION
Our website is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google, nor is it endorsed by or affiliated with any of those websites or their owners in any way.

The agreement between us constituted by your use of the website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the website.

As we are based in the state of Queensland, Australia these terms will be governed by the laws of Queensland. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of the State of Queensland and courts of appeal from them. 

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