Please read these Terms and Conditions carefully prior to engaging the services of Pizer Performance Improvement, (“PPI”), which is owned and operated by Pizer Performance Improvement Pty Ltd ACN 625 946 107 (” the Company”).

1. By accessing and using PPI you agree to be bound by the Terms and Conditions stated. PPI may modify the Terms and Conditions at any time, and such modifications shall be effective immediately on the posting of the modified Terms and Conditions on the PPI website. Each time the services of PPI are used it is on the basis of the current version of the Terms and Conditions.
2. The intellectual property rights of PPI are owned by the Company and you agree not to infringe any intellectual property rights owned by the Company.
3. PPI provides business performance advice only and you specifically acknowledge that PPI cannot and does not provide legal, accounting, taxation or other financial advice and that you are solely responsible for obtaining such advice.
4. No agency, partnership, joint venture, employer-employee relationship is created or intended by you using PPI’s services.
5. You warrant that you are the holder of all necessary rights, including intellectual property rights, in the information you provide to PPI for the use of its services, that none of the information provided is defamatory, and that it does not infringe any law in Victoria or Australia and you agree to indemnify PPI against any legal fees, damages or expenses that may be incurred by PPI as a result of a breach of this warranty.
6. You agree that in using PPI’s services you will not through any act or omission mislead or deceive others.
7. “Personal Information” has the meaning attributed to that term in the Privacy Act 1988 (Cth).
8. PPI is committed to maintaining your privacy and recognises your right to keep Personal Information private. You agree PPI may use your Personal Information for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection.
9. Normal use of your Personal Information includes, but is not limited to, assisting PPI in managing and enhancing its services, communicating with you by email, SMS message or telephone
10. In relation to Personal Information pertaining to racial or ethnic origin, membership of political bodies, religious orientation, trade union membership, sexual preferences, criminal record or past, PPI will only use or disclose such information for the purpose for which it was provided, or a directly related secondary purpose, or as allowed by law, unless agreed otherwise.
11. PPI will retain Personal Information for a period of twelve (12) months. This includes, but is not limited to, copies of identification documents. Upon the expiration of twelve (12) months PPI will delete or make anonymous on your request Personal Information from its database, unless PPI is required by law to retain that Personal Information.
12. You have the right to access any Personal Information that PPI holds about you. If you make an access request PPI requires identity verification and for you to specify what Personal Information you wish to access. PPI reserves the right to charge a fee for an access request.
13. The PPI website uses cookies which contain information through which PPI can identify your computer (or other devices you use to access the website) to our servers and the servers of third parties contracted by PPI, including, but not limited to, third parties providing analytical and marketing services. You may configure your browser to notify you before a cookie is downloaded or so that your browser does not accept cookies. PPI may use information contained in cookies to make assumptions about the user of the device and to provide users of that device with focused marketing that PPI believes may be of interest to you, based on that information. You can disable cookies through your internet browser.
14. PPI endeavours to only collect Personal Information about an individual only from that individual. However, in some circumstances PPI may obtain Personal Information from a third party. If you provide Personal Information about another person to PPI, you are required to inform that person that you have done so and to provide that person with a copy of these Terms and Conditions containing PPI’s privacy policy.
15. PPI reserves the right to record phone calls between you and PPI or its agents for the purpose of training. You can specify if you do not wish a call to be recorded.
16. The maximum liability of PPI arising out of the performance or non-performance of services, whether under contract law, tort or otherwise is limited to the total of any amounts paid to PPI in respect of services provided to you by PPI.
17. PPI is deemed to be discharged from all liability in respect of its services provided whether under contract law, tort or otherwise, at the expiration of one (1) year from the completion of the services and you, or any person claiming through or under you cannot commence any action or claim whatsoever against PPI in respect of the services after that date.
18. PPI does not give any warranty nor accept any liability in relation to the performance or non-performance of the services provided for in these Terms and Conditions, except to the extent, if any, required by law or specifically provided in these Terms and Conditions. If apart from these Terms and Conditions any warranty would be implied by law, custom or otherwise, that warranty is to the full extent permitted by law hereby excluded.
19. Nothing contained in these Terms and Conditions shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods or services pursuant to these terms and conditions of all or any of the relevant provisions of Australian Consumer Law (as amended), or any relevant State Act or Territorial Ordinance which cannot by law be excluded, restricted or modified.
20. You agree to indemnify and release PPI and its director/s, employees, agents, contractors and affiliates from and against any claims, demands, proceedings, losses and damages of any kind and nature, including, but not limited to, reasonable legal fees, made by you or any third party to or arising (whether directly or indirectly) out of your breach of your agreement with PPI, or your violation of any law, or the rights of third parties.