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Terms & Conditions

About Us

PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

1. Effective Date

This Agreement was last updated on July 19, 2008.

2. Acceptance of Terms

TPC-The Performance Company Pty Limited ("TPC") an Australian owned company, and its suppliers and designees provide this site (www.tpc.net.au) and the site-related services, (collectively, the "Site") subject to your compliance with the terms and conditions set forth below (the "Agreement"). By using the Site, you are acknowledging that you agree to be bound by all of the terms and conditions of this Agreement.

3. Changes in Terms & Conditions and the Site

This Agreement outlines the legally binding terms for your use of the Site. We reserve the right to modify this Agreement from time to time, for any reason, without notice. You may identify whether we revised this Agreement by the Effective Date listed in Section 1 above.

TPC shall also have the right at any time to: (1) change the Site, including limiting availability of, eliminating, or discontinuing any product, service, or any other content on or feature of the Site; or (2) change any prices, fees or charges related to the Site. Such changes shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on the Site or transmission via electronic mail.

Use of our Site constitutes (1) acknowledgement by you of our modifications, and (2) an agreement by you to abide and be bound by this Agreement and its modifications.

4. Registration

To submit orders you must register with our Site. In doing so, you represent and warrant that you are at least 18 years of age and the information contained therein is truthful and accurate. Your willful provision of inaccurate or unreliable information shall constitute a material breach of this Agreement and be a basis for termination.

During the registration process, you will specify your email address and information (your "Login Credentials"). You are solely responsible in all respects for all use of and for protecting the confidentiality of your Login Credentials. You agree to notify TPC immediately of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Site. You are responsible for changing your member password if you believe your password has been stolen or might otherwise be misused. TPC has no duty or obligation to verify the identity of a customer and may assume, without independent investigation, that any person who logs on to this Site through your password does so with your consent and approval.

5. User Conduct and Responsibilities

You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

Your use of the Site is subject to all applicable Australian local, state, national and international laws and regulations.

You represent and warrant that:

• you are an authorized user of this Site.
• any materials you transmit through or otherwise post to the Site are lawful material, including without limitation matter that may be construed as invasion of privacy, violation of a right of publicity, a copyright, a patent, or a trademark infringement, and/or theft of trade secret or any other right of a person or party.
• all information that you provide to TPC when purchasing product or services on the Site is accurate and complete, including without limitation shipping information.
• you will pay all charges incurred by you or any other members of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred, including any applicable taxes relating to your purchases.
• your use of the Site does not violate any local law or regulation, and you shall be responsible for any such violation(s).

6. Suspension, Termination

If you violate any of the terms in this Agreement, TPC may suspend or terminate your use of the Site.

7. Making Purchases

Due to duties, customs and taxes that may be incurred during delivery to International locations, additional charges may apply to your order. Shipping delays may occur if local holidays are being observed.

8. Void Where Prohibited

Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. TPC reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such Product or service that it provides. Any offer for any Product or service made on the Site is VOID where prohibited.

9. Site Content and Intellectual Property

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of TPC with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without TPC's prior written permission. All contents on the Site are: Copyright (c); 2007 TPC-The Performance Company Pty Ltd or its partners. All rights reserved. Nothing in this Agreement shall be construed as conferring any license or right to any TPC intellectual property.

10. Learning Short-takes™ Intellectual Property

Information provided on this site and available for purchase on this site is subject to change without notice. Learning Short-takes™ are intended to be used as a workbook for individual use during self-study, before, during or after a training program for personal reference only. No part of any Learning Short-take™ may be reproduced or transmitted in any form or by any means, electronic, mechanical, or otherwise, including photocopying and recording, for any purpose other than the user's personal use without prior written permission of TPC-The Performance Company Pty Limited. Learning Short-takes™ are the exclusive property of TPC-The Performance Company Pty Limited, all rights reserved. Nothing in this Agreement or anything within the tpc.net.au website shall be construed as conferring any license or right to any TPC intellectual property or TPC product.

Learning Short-take™ Tools are made available to the purchases or the assigned user of the Learning Short-take™ for non-commercial use only. All Learning Short-take™ Tools are free with the purchase of the associated Learning Short-take™ title. Each Learning Short-take™ Tool may be downloaded once by the purchaser or their assigned user of the Learning Short-take™. Learning Short-take™ Tools may be used to assist the user in their job. Tools may be reproduced, i.e. photocopied or printed for personal use. The user also agrees to not remove, obscure, or alter TPCs or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Learning Short-take™ Tools. If the tools are intended to be distributed to other people, or used for any other purpose the purchases must first need to obtain TPCs permission to reproduce, distribute, sell, publish or any other action associated with or derived from it, or if the purchaser or the assigned user wishes to modify, copy (except as provided above), license, or create derivative works from the Learning Short-take™ tools. Furthermore, the purchaser of their assigned user may not use Learning Short-take™ Tools in any manner that could damage, disable, overburden, or impair TPCs business, nor may you use Learning Short-take™ Tools in any manner that could interfere with any other party's use and enjoyment of Learning Short-takes™.

11. Privacy Policy

We care about the privacy of our users. Use of the Site is governed by our Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in Australia.

12. Disclaimer of Warranty; Limitation of Liability

THE SITE (INCLUDING ANY CONTENT CONTAINED WITHIN IT), ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, AND ANY SOFTWARE PROVIDED BY TPC OR ITS DESIGNEES FOR USE IN CONNECTION WITH THE SITE OR WITH THE PRODUCTS AND SERVICES DESCRIBED ON THE SITE (THE "SOFTWARE"), ARE PROVIDED ON AN "AS IS" BASIS.

TPC does not guarantee the results of address verification and TPC does not guarantee the shipping cost for International Shipping.

UNDER NO CIRCUMSTANCES SHALL TPC OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, OR (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TPC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY GOODS, SERVICES, INFORMATION, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TPC'S AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY ARISING FROM ANY ORDER MADE THROUGH THE SITE EXCEED THE TOTAL PRICE OF SUCH ORDER.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

13. Indemnity.

You agree to indemnify and hold TPC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any material you upload to the Site, your use of the Site, your conduct in connection with the Site, or any violation of this Agreement or of any law or the rights of any third party.

You agree to indemnify and hold TPC harmless from any claims and to reimburse TPC for any fees or expenses that may be assessed (a) as a result of a recipient's address being incorrect, (b) if the package has to be returned to TPC due to incorrect address information, and (c) if the package is requested to be reshipped. Any such fees and expenses will be assessed to your account. A request for Signature Release on any package authorizes TPC to deliver your shipment without obtaining a signature and signifies your agreement to indemnify and hold harmless TPC from any resulting claims.

14. Miscellaneous.

Entire Agreement. These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Headings, Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Waiver and Severability of Terms. The failure of TPC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by TPC. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Statute of Limitations. You and TPC agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.

Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, excluding its conflict of law provisions. You and TPC agree to submit to the exclusive jurisdiction of the courts in the state of New South Wales, Australia.

No Conflict. In the event there is a conflict between the terms and conditions of this Agreement and any Order, the terms and conditions contained in this Agreement shall prevail.

Arbitration. Any claim, dispute or controversy arising out of or in connection with or relating to this Agreement or the breach or alleged breach thereof shall be submitted by the parties to arbitration in the State of New South Wales. The award rendered by the arbitrators shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof; provided, however, that nothing in this Paragraph shall be deemed as preventing either party from seeking relief from the courts as necessary to protect either party's name, proprietary information, trade secrets, know how or any other appropriate provisional remedy.

©2009, TPC-The Performance Company Pty Limited ACN 077 455 273. All rights reserved. Use of the information contained on this page is governed by Australian law and is subject to the terms and conditions which can be read on the Terms and Conditions page. View the TPC Privacy Policy.