PeriCoach Website Terms of Use

Analytica Limited ACN 006 464 866 (Analytica, we, our or us) is the owner and operator of the website (Website).

1 Acceptance of these Terms of Use

Your use of the Website is subject to these Terms of Use and any other terms, conditions, notice or disclaimers displayed on the Website (together, Terms). We may vary these Terms at any time, without notice, by displaying the amended Terms on this Website. You should review the Terms each time you use the Website. By accessing and using the Website, or ordering products through the Website (Products), you acknowledge that you have read and understood the Terms as they exist at that time, and you are deemed to accept and confirm your agreement to be bound by the Terms.

2 Website content

All information provided by us on this Website or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time. We do not make any representations, or provide any warranties, that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose. You use and rely on any information provided on this Website, or that we otherwise provide in respect of any Products, at your own risk, and represent and warrant that you shall and have made your own independent enquiries and satisfied yourself in relation to such matters.

3 Privacy

Any personal information you provide to us using the Website will be handled by us in accordance with our Privacy Policy. []

4 Security of information

Whilst we endeavor to keep your data safe, no data transmitted over the Internet is secure, and we do not warrant, and cannot ensure, the security of your data. You transmit data using the Website entirely at your own risk.

5 Intellectual property

We own or are licensed to use all intellectual property rights in the Website (including in all underlying source code) and in the content of the Website (including all text, trade marks, logos, images and graphics). Users of the Website do not obtain any licence or other interest in that intellectual property. Nothing in these Terms or on the Website should be construed as providing such consent. You may view content or print a copy of material on this Website for your personal, non-commercial use, provided that you do not modify the content in any way. You must not otherwise copy, adapt, reproduce, publish or distribute content found on this Website in any form without prior written permission from us (unless otherwise permitted under the Copyright Act 1968 (Cth) or any other applicable law in your location). You must not frame any of the content of the Website or incorporate it into another Website.

6 Third party content and links

This Website may include links to third party websites. Such links do not indicate a relationship between those third parties and us, nor endorsement by us of such third parties, their products, services or websites. Use of such links, the content of such websites or the products and services offered via those websites or third parties is entirely at your own risk and is subject to the terms of those third parties.

7 Your Use of the Website

7.1 You must not:

(a) data scrape the Website either manually or by use of a web spider, web robot or any other web crawling or other technology;

(b) introduce to this Website any viruses, bugs, defects, corrupting programs, Trojan horses or other material that may be technologically harmful or malicious;

(c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Website or with any other person's use of the Website;

(d) attempt to:

(i) obtain unauthorised access to any part of the Website, or to our servers or any hardware supporting the Website
(ii) reconfigure the Website in any way; or
(iii) modify, reverse engineer, disassemble, decompile, copy or cause unintended effect to any part of the Website or any software used on the Website; or

(e) use this Website for any illegal or unlawful purpose, including, without limitation:

(i) access any data unlawfully or without consent;
(ii) attempt to probe, scan or test the vulnerability of a system or network or to circumvent or breach any security or authentication measures; or
(iii) attempt to interfere with service to any user, host or network, including without limitation via means of overloading, "flooding", "mail bombing" or "crashing".

You warrant that all communications and information provided by you using this Website are not fraudulent or defamatory, and will not otherwise infringe any law or any third party rights. You further warrant that our use of that information in accordance with these Terms will not infringe the rights of any third party. You must also not permit or enable any person to do any of these things listed in this paragraph 7.

8 No warranty

To the fullest extent possible and subject to any liabilities and obligations which cannot be excluded by law:

(a) we do not warrant the accuracy, completeness, timeliness or correct sequencing of the Website content, and the Website content is provided on an 'as is' basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk;

(b) we will have no liability in relation to any loss, damage, liability, charges, expenses or costs (including all legal and other professional costs on a full indemnity basis) that you incur arising from or in connection with your use of the Website or linked third party websites (including damage to your software or hardware, corruption of data, loss of data, any error, suspension or discontinuance of the Website or transmissions by any user in contravention of these Terms); and

(c) we do not warrant that your access to the Website or any part of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference that may damage your system.

9 Your indemnity

You indemnify us and our related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the Website or any breach of these Terms by you.

10 Our liability

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services from your use of the Website. If you are based in Australia, and a supply under these terms is a supply of goods to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits us to limit our liability, our liability will be limited to the cost of replacing the Product, supplying equivalent Products or having the Product repaired, or payment of the cost of replacing the Product, supplying equivalent Products or having the Product repaired.

11 Terms of Sale

(a) Conditions for Ordering

Upon placing an order (Order), you represent and warrant that:

(i) you will only purchase the Products for private domestic use; and
(ii) you will not otherwise re-sell any Products.

We may withdraw or suspend from sale any Product displayed on the Website, either temporarily or permanently, at any time. We will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Product.

(b) Ordering

You may purchase Products from us by placing an Order directly through the Website . If we accept the Order, we will notify you of confirmation of the Order. We are under no obligation to accept an Order, or to supply products without firstly confirming the Order. Products may be withdrawn from sale or may not be available at the time of your Order. If we do not have the Products you Order in stock, we may (at our discretion) offer you alternatives . If we do so, we will contact you and you may:

(i) accept the alternatives we offer;
(ii) cancel your Order; or
(iii) continue with the Order, but instruct us to omit the out-of-stock item.

Where a Product:

(iv) has been withdrawn or suspended from sale; or
(v) is not available at the time of your Order and the Order has consequently been cancelled or the Product removed from the Order,

and your payment for the Product has already been processed, we will refund you any money paid to us in relation to that Product. You acknowledge and agree that this refund is your sole remedy in such circumstances. Notwithstanding any of the foregoing, we may cancel an Order at any time at our sole discretion, in which case, your sole remedy for such cancellation is a refund of any money paid to us.

(c) Price and Payment

Subject to these Terms, the price for each Product is as stated on the Website at the time of Order (subject to any promotions or discounts which you may be offered at our discretion) (Price). All prices stated on the Website are in Australian dollars and are inclusive of GST (if applicable). Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable. Our Prices may change at any time. Price changes will not affect Orders that we have confirmed prior to the Price change. You must pay us the full Price of your Order before we will send any part of it. We take reasonable care to ensure that the Price of the Product advised to you is correct. However, it is possible that, despite our efforts, Prices may be published in error or promotional discounts may be incorrectly applied. Without limiting any other options we may have:

(i) where a Product's correct Price (including any promotion or discount) as at the date of the Order is less than our published Price as at that date, we may charge you the lower amount at our discretion; and
(ii) where a Product's correct price (including any promotion or discount) as at the date of the Order is greater than our published Price at that date, we may, at our discretion, offer you alternatives or cancel the Order.

You must make payment for Products by:

(iii) Paypal;
(iv) ShopPay; or
(v) any other payment method available on the Website.

You acknowledge and agree that, subject to the means of payment which you elect, additional fees, such as merchant or administrative fees or surcharges, may be payable to us or to third party payment processors in addition to the total Order Price. In paying or attempting to pay for goods, you agree that you have not engaged in any fraudulent conduct or contravened any law in making such payment.

(d) Promotions

No promotion, discount or promotional code that we make available for redemption may be used in conjunction with another offer or used to purchase gift cards. Only one promotional code can be used per Order. A promotional code cannot be applied to an Order after it has been placed. Discounts do not apply to delivery charges unless expressly stated. Where you receive a refund for a Product for any reason, the refund will be for the Price paid, taking into account the offer or any promotional discount.

(e) Title and risk

Title in the Products purchased, unless otherwise agreed in writing between you and us, shall pass to you upon payment to us for that Product. Products are at your risk as and from the time Products are dispatched from our warehouse for delivery to you.

(f) Returns

All returns will be handled by us in accordance with our Returns Policy. []

12 General

We may terminate your access to the Website at any time without notice. If any part of these Terms is held to be unenforceable, the remainder of these Terms will continue in full force. These Terms are governed by the laws in force in Queensland, Australia. You submit to the jurisdiction of the courts of Queensland and the Commonwealth of Australia. If you have any questions or comments regarding the Website or these Terms please contact us at [[email protected]].

Last updated Dec 2021