Terms and Conditions for Buying Products and Just Browsing

Welcome to Peez & Co!

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Peez & Co Pty Ltd

ABN 24 669 611 527

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In these terms, we also refer to Peez & Co as “our”, “we”, or “us”.

 

And you are you!

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What are these terms about?

These terms apply when you use this website, being https://www.peezandco.com/ and any other websites we operate with the same domain name and a different extension (“Website”).

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These terms also apply when you purchase digital products through this Website (“Digital Products”).

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If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://www.peezandco.com/privacy-policy.

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How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

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Those parts are:

• Part A: Terms for when you buy Digital Products (applies when you buy)

• Part B: Terms for when you browse and interact with this Website (applies when you browse)

• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

 

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Digital Products unless you have read and agree to these terms.

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I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Digital Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Digital Products. You can check the date at the top of this page to see when we last updated these terms.

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DISCLAIMER

• Digital Product – By placing an Order on this Website, you acknowledge and accept that the product offered is exclusively digital. You understand and agree that upon purchase, you will not receive a physical copy of the product.

• Reliance on information – The information provided to you in the Digital Product is based on general information. You are responsible for making your own independent assessments, research and enquiries before relying on any information in the Digital Products to make a decision or decisions about your needs. While we may reference certain results, outcomes or situations on this website, Peez & Co makes no representation or guarantee that our Digital Products will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Digital Products, you will achieve any particular outcomes. You should not act on any information provided before you have formed your own opinion through investigation and research as to the suitability of such information for your circumstances.

• Results not guaranteed – You acknowledge and agree that you are not guaranteed to achieve any specific personal outcomes or results by using our Digital Products. While the Digital Products are intended to assist you in marketing your business, Peez & Co does not guarantee, warrant or represent that, as a result of buying our Digital Products you will achieve any particular outcome.

• Access outside Australia - Although this Website may be accessible worldwide, we make no representation that materials on this Website, including the Digital Products, are appropriate or available for use in locations outside Australia. Accessing the Digital Products from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

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Part A       For When You Buy Digital Products…

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1                   SUBMITTING AN ORDER

(a) By submitting an order for purchase of a Digital Product using the Website’s functionality (Order) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii) you are authorised to use the debit or credit card you provide with your Order.

(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Digital Products you have ordered in exchange for your payment of the total amount listed upon checkout.

(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

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2                   ACCOUNTS and GUEST CHECKOUT

(a)You may submit an Order as a guest, or you may submit an Oder with an account. You can sign-up, register and receive an account through the Website (an Account).

(b)As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

(c)You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d)Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

(e)We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.

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3                   DIGITAL PRODUCTS

(a)We will endeavour to ensure that the Digital Products provided will be substantially the same as the Digital Products described on our Website, or as otherwise agreed with you in writing prior to you placing your Order.

(b)Once you place an Order for a Digital Product, we will provide you with a download link which you must use to access the Digital Product. You will be given access to the download link for a minimum of 12 months. Please download it straight away as we may remove or update the download link after 12 months.

(c)You agree to keep the download link secure and not pass the download link to third parties.

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4                  LICENCE

(a)Subject to the terms of this agreement and in consideration of payment for the Digital Product we grant to you a single, non-exclusive, non-transferrable licence to use the Digital Product solely for your personal viewing purposes (Purpose).

(b)You acknowledge and agree that you must not:

(i) grant access to the Digital Product or any part of it to any third party;

(ii) sublicence, transfer, share or rent out the Digital Product;

(iii) modify the Digital Product in any way or create derivative works based on the Digital Product or any part of it;

(iv) resell the Digital Product or use the Digital Product for any other commercial purpose;

(v) print or publish the Digital Product in print, online or otherwise, other than for the Purpose; or

(vi) otherwise use the Digital Product for any purpose other than for the Purpose.

(c)The conditions in this clause 4 also apply to any audio, video, or other files that accompany the Digital Product.

(d)You release and indemnify us against any loss we suffer as a result of your failure to comply with this clause.

(e)All Intellectual Property Rights in the Digital Product remain our sole property, and you will not acquire title or rights in the Digital Product under this agreement.

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5                  PAYMENT

(a)All prices are:

(i) per unit (except where indicated);

(ii) in Australian Dollars; and

(iii) subject to change prior to you completing an Order without notice.

(b)(Payment obligations) Unless otherwise agreed in writing, you must pay for all Digital Products at the time of placing an Order.

(c)(GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Peez & Co, you must pay the GST subject to Peez & Co providing a tax invoice.

(d)(Card surcharges) Peez & Co reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e)(Online payment partner) We may use third-party payment providers such as Stripe (Payment Providers) to collect payments for Digital Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible here and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f)(Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

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6                   REFUNDS

(a)Due to the nature of the Digital Products, you acknowledge and agree that:

(i) a Digital Product cannot be returned or refunded for change of mind; and

(ii) once you submit an Order, the Order is binding and cannot be changed by you.

(b)We will provide a full refund of the price paid for a Digital Product only if we determine that:

(i) a Digital Product you have ordered was not received by you solely due to failure by us;

(ii) a Digital Product is faulty, in accordance with clause 6.3(c) , in which case we may provide full refund of the price paid for a Digital Product.

(c)(Faulty products) The following process applies to any Digital Product you believe to be faulty.

(i) If you believe your Digital Product is faulty, please contact us using the details provided on our Website with a full description of the fault.

(ii) If we determine that your Digital Product is not faulty, we will refuse your request for a refund.

(iii) All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(iv) If you fail to comply with the provisions of this clause 6 in respect of a faulty Digital Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Digital Product.

(d)Nothing in this clause 6 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law.

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7                   THIRD PARTY TERMS SUPPLIERS

(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms), such as Stripe,  ConvertKit and Wix

(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Digital Products or any services related to providing the Digital Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Digital Products to you, and your Order will be cancelled.

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Part B       For When You Browse This Website…

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8                   ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

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9                   YOUR OBLIGATIONS

You must not:

(a)copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Peez & Co;

(b)use the Website for any purpose other than the purposes of browsing, selecting or purchasing Digital Products;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d)use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e)use the Website with the assistance of any automated scripting tool or software;

(f)act in a way that may diminish or adversely impact the reputation of Peez & Co, including by linking to the Website on any other website; and

(g)attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

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10                   INFORMATION ON THE WEBSITE

(a)While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

(i) the Website may have errors or defects (or both, as the case may be);

(ii) the Website may not be accessible at times;

(iii) messages sent through the Website may not be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website may not be secure or confidential; and

(v) any information provided through the Website may not be accurate or true.

(b)We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).

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11                   INTELLECTUAL PROPERTY

(a)Peez & Co retains ownership in the Digital Products, the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Our Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any of Our Content without prior written consent from us or as permitted by law.

(c)In this clause 11, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

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12                   LINKS TO OTHER WEBSITES

(a)The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b)Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

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13                   SECURITY

To the maximum extent permitted by law, Peez & Co does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

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14                   REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

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Part C       Liability And Other Legal Terms

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15                   LIABILITY

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15.1                  WARRANTIES

Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that to the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

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15.2               LIABILITY

(a)To the maximum extent permitted by law and subject to clause 15.2(b), the total liability of each party (including each party’s officers, employees, agents, consultants, licensors, partners and affiliates) in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Peez & Co under the most recent Order.

(b)Clause 15.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of third party intellectual property rights, including but not limited to Peez & Co’s intellectual property rights.

(c)To the maximum extent permitted by law, we will not be liable for any delay in performing any obligations under these terms where such delay is caused by circumstances beyond the reasonable control of Peez & Co, including failure or delay of a third party to deliver the Digital Products.

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15.3               CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party (including each party’s officers, employees, agents, consultants, licensors, partners and affiliates) will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Digital Products or services provided by us, except:

(a)in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b)to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

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16                   GENERAL

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16.1                    GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

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16.2               WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

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16.3               SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

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16.4               JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

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16.5               ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

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16.6               COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

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16.7               ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

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16.8               INTERPRETATION

(a)(singular and plural) words in the singular includes the plural (and vice versa);

(b)(currency) a reference to $, or “dollar”, is to Australian currency;

(c)(gender) words indicating a gender includes the corresponding words of any other gender;

(d)(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e)(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f)(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g)(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h)(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i)(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j)(includes) the word “includes” and similar words in any form is not a word of limitation; and

(k)(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

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17                   NOTICES 

(a)Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 

(b)If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 

(c)The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.