LEGAL STUFF

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
WEBSITE DISCLAIMER

Welcome to Upgrade Your Performance. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with my terms and conditions of use and privacy policy.

 

The information contained in this website is for general information purposes only and is provided by upgradeyourperformance.com. While I endeavour to keep the information up to date and correct, I make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

 

In no event will I be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

 

Through this website, you may be able to link to other websites which are not under the control of upgradeyourperformance.com. I have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

Every effort is made to keep the website up and running smoothly. However, upgradeyourperformance.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond my control.

 

COPYRIGHT NOTICE

 

This website and its contents are the copyright of Upgrade Your Performance – © 2020. All rights reserved.

 

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

 

You may not, except with my express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

 
TERMS AND CONDITIONS
 

Welcome to my website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with my privacy policy and website disclaimer, govern upgradeyourperformance.com ’s relationship with you in relation to your use of this website.

 

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Me”, “My” and “I” refers to upgradeyourperformance.com and “You” and “Your” refers to you, the client, visitor, website user or person using my website.

 

AMENDMENT OF TERMS

 

I reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using my website to ensure you are aware of any changes. I will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use my website then I will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and upgradeyourperformance.com ‘s rights and obligations to each other.

 

LIMITATION OF LIABILITY

 

It is an essential pre-condition to you using my website that you agree and accept that upgradeyourperformance.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in my documents or information, any goods or services I may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which I shall not be liable.

 

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

COMPETITION AND CONSUMER ACT

 

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), upgradeyourperformance.com ‘s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

 

You must be over 18 years of age to use this website and to purchase any goods or services.

 

DELIVERY OF GOODS

 

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and I am not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of upgradeyourperformance.com.

 

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of my goods, please contact me so I may try to assist you.

 

RETURNS AND REFUNDS

 

upgradeyourperformance.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

 

Should you wish to return your order, please notify me within 7 days of purchase with a valid reason for return. All refunds are made at the discretion of upgradeyourperformance.com.

No refunds will be made if you change your mind.

 

LINKS TO OTHER WEBSITES

 

upgradeyourperformance.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between upgradeyourperformance.com and the owners of those websites. upgradeyourperformance.com takes no responsibility for any of the content found on the linked websites.

 

upgradeyourperformance.com ‘s website may contain information or advertisements provided by third parties for which upgradeyourperformance.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. I am making a ‘recommendation’ only and am not providing any advice nor do I take any responsibility for any advice received in this regard.

 

DISCLAIMER

 

To the fullest extent permitted by law, upgradeyourperformance.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. upgradeyourperformance.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that my website or its server is free of viruses or any other harmful components.

 

Whilst I, at all times endeavour to have the most accurate, reliable and up-to-date information on my website, I do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

 

It is your sole responsibility and not the responsibility of upgradeyourperformance.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

 

YOUR PRIVACY

 

At upgradeyourperformance.com, I am committed to protecting your privacy. I use the information I collect about you to maximize the services that I provide to you. upgradeyourperformance.com respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read my Privacy Policy carefully.

 

You may change your details at any time by advising me in writing via email. All information I receive from my customers, is protected by my secure servers. upgradeyourperformance.com ‘s secure server software encrypts all customer information before it is sent to me. Furthermore, all of the customer data upgradeyourperformance.com collects is secured against unauthorized use or access. Credit card information is not stored by me on my servers.

 

THIRD PARTIES

 

upgradeyourperformance.com does not and will not sell or deal in personal or customer information. I may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, I may use the information that you provide to improve its website and its services but not for any other use.

 

DISCLOSE YOUR INFORMATION

 

upgradeyourperformance.com may be required, in certain circumstances, to disclose information in good faith and where upgradeyourperformance.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of my customer agreements; or to protect the rights, property or safety of my customers or third parties.

 

EXCLUSION OF COMPETITORS

 

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of upgradeyourperformance.com. upgradeyourperformance.com expressly excludes and does not permit you to use or access my website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then upgradeyourperformance.com will hold you fully responsible for any loss that I may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. upgradeyourperformance.com reserves the right to exclude and deny any person access to my website, services or information in my sole discretion.

 

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

 

This website contains material which is owned by or licensed to me. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

 

upgradeyourperformance.com expressly reserves all copyright and trademark in all documents, information and materials on my website and I reserve the right to take action against you if you breach any of these terms.

 

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

 

You may not, except with my express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

WHOLE AGREEMENT

 

These terms and conditions represent the whole agreement between you and upgradeyourperformance.com concerning your use and access to upgradeyourperformance.com ‘s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

 

EXCLUSION OF UNENFORCEABLE TERMS

 

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

EDUCATION OR COACHING

 

By using my services, you agree that upgradeyourperformance.com is not to be held liable for any decisions you make based on any of my services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold upgradeyourperformance.com liable for any actions you take nor can you hold me or any of my employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by upgradeyourperformance.com.

 

All my information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and upgradeyourperformance.com takes no responsibility for your actions, choices or decisions.

 

JURISDICTION

 

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and upgradeyourperformance.com that results in litigation then you must submit to the jurisdiction of the courts of NSW.

PRIVACY POLICY
 

At upgradeyourperformance.com, I am committed to protecting your privacy as a customer and an online visitor to my website. I use the information I collect about you to maximize the services that I provide to you. I respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read my privacy policy below carefully.

 

INFORMATION I COLLECT FROM YOU

 

In the course of your visits to upgradeyourperformance.com or use of my products and services, I may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).

 

My services are not directed to persons under 18 and I do not knowingly collect Personal Data from anyone under 18. If I become aware that a child under 18 has provided me with Personal Data, I will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided me with Personal Data without your consent, then please contact me at minie@upgradeyourperformance.com.

 

You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting me directly to do so.

 

HOW I USE YOUR INFORMATION

 

Personally Identifiable Information: I use the information I collect to deliver my services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.

 

Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of my marketing communications at any time by unsubscribing or emailing me and your request will be actioned immediately.

 

Non-Personally Identifiable Information: I also use the information I collect in aggregated and anonymized forms to improve my services, including: administering upgradeyourperformance.com, producing reports and analytics, advertising my products and services, identifying user demands and assisting in meeting customer needs generally.

 

Any information you choose to make publicly available, such as blog comments and testimonials on upgradeyourperformance.com, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.

 

STORAGE AND SECURITY OF YOUR INFORMATION

 

I will use all reasonable means to protect the confidentiality of your Personal Data while in my possession or control. All information I receive from you is stored and protected on my secure servers from unauthorized use or access. Credit card information is encrypted before transmission and is not stored by me on my servers.

 

To enable me to deliver my services, I may transfer information that I collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.

 

I retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

 

In the event there is a breach of my security and your Personal Data is compromised, I will promptly notify you in compliance with the applicable law.

 

COOKIES AND PIXELS

 

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies, but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of upgradeyourperformance.com.

 

upgradeyourperformance.com uses cookies to analyse website traffic, provide social media sharing and liking functionality and help me provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google AdWords and Facebook Adverts. These ads may appear on this website or other websites you visit.

 

SHARING YOUR INFORMATION WITH THIRD PARTIES

 

I do not and will not sell or deal in Personal Data or any customer information.

 

Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect my copyright, trademarks and other legal rights. To the extent that I do share your Personal Data with a service provider, I would only do so if that party has agreed to comply with my privacy standards as described in this privacy policy and in accordance with applicable law. My contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared.

 

DISCLOSURE OF YOUR INFORMATION

 

I may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, I may use your Personal Data to protect the rights, property or safety of upgradeyourperformance.com, my customers or third parties.

 

If there is a change of control in one of my businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. I would only disclose your Personal Data in good faith and where required by any of the above circumstances.

 

LINKS TO OTHER WEBSITES

 

upgradeyourperformance.com may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that I am not responsible for the privacy practices of such other websites. I encourage my users to be aware, when they leave my website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by upgradeyourperformance.com.

 

CHANGE IN PRIVACY POLICY

 

As I plan to ensure my privacy policy remains current, this policy is subject to change. I may modify this policy at any time, in my sole discretion and all modifications will be effective immediately upon my posting of the modifications on upgradeyourperformance.com. Please return periodically to review my privacy policy.

 

CONTACT ME

 

If you have any questions or concerns at any time about my privacy policy or the use of your Personal Data, please contact me at minie@upgradeyourperformance.com and I will respond within 48 hours.

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