User Agreement – Terms and Conditions

Please do not proceed to use the Peazie site (www.peazie.com, ‘the Website’) or Peazie Applications on any Facebook page (‘the Applications’) until you have accepted these terms and conditions. If you have any queries, please contact us and we will be pleased to assist.

Peazie Pty Ltd
Email: support@peazie.com

Agreement

This document (“Agreement”) is a legal contract between You (the user of the Website and the Applications) and Peazie Pty Ltd.

The following are the terms and conditions for the use of the Website and the Applications. By visiting and/or using the Website and the Applications you accept these terms and conditions and agree to be bound by them. Peazie may change this Agreement from time to time and any changes are effective immediately on posting the modified Agreement on the Website.

Using the Website or Applications

You must not access (or attempt to access) the Website or Applications by means other than through the interface provided by us. You must not engage in activity that interferes with or disrupts the Website or Applications or the servers and networks that host the Website or Applications. You may not use, copy, distribute or commercialise any information on the Website or Applications (“Content”) or any information generated by or input by You into the Website or Applications (“Data”) without Peazie’s prior written consent. You must not circumvent, disable or otherwise interfere with any security features of the Website or Applications. You must not engage in any fraudulent, abusive or illegal activity in using the Website or Applications, including breaches of this Agreement, and any such activity may be referred to appropriate law enforcement agencies.

You must not copy any functionality or features of the Website or Applications where such activity would constitute a breach of Peazie’s intellectual property, including reverse engineering or screen capturing the Website or Applications.

Email Policy and Links to 3rd Party Sites

You consent to receive certain emails from Peazie. Emails may be essential for confirmation and account management. You have the option to receive emails containing information on products and the Website generally. For any concerns or problems contact support@peazie.com.

The Website or Applications may include links to 3rd party sites that are controlled and maintained by others. Any link to other internet sites is not an endorsement of such sites and You acknowledge and agree that we are not responsible for the content or availability of any such sites.

Disclaimer

Peazie will provide the Website and Applications and any related services with due care and skill but the Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Peazie makes no warranty that the functionality of the Website or Applications will be uninterrupted or error free, that defects will be corrected or that the Website or Applications or the server that makes these available are free of malicious code, viruses or anything else, which may be harmful or destructive.

You agree and acknowledge that Peazie is not the supplier of the goods and/or services that are displayed using the Applications, and the ultimate provider is the 3rd party as specified on the Application and has sole responsibility for any information provided through the Application and for providing the goods and/or services advertised or ordered through the Applications.

To the maximum extent allowed by law, Peazie excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) including consequential loss relating in any way to the content and/or Website or Applications.

Where any law (including the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)) implies a warranty into this agreement which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law. To the extent permissible at law that liability will not exceed the price paid to Peazie by you in relation to the goods and/or services in question.

Content and Data

You agree and acknowledge that any Content and Data and your personal information will be dealt with in accordance with the Peazie Privacy Policy available at www.peazie.com.

You agree and acknowledge that we do not control and are not responsible for Content made available through the Applications unless it originates from us. Consequently, by using the Applications you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Applications at your own risk and to the extent permissible at law we do not accept liability for any such Content.

Intellectual Property, Confidentiality and Privacy

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this Agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.

Other trade marks used on the Website and in the Applications that belong to third parties are used with permission and remain the intellectual property of the third party.

All copyright, trade marks and all other intellectual property rights in the Website and the Applications and its Content (including without limitation the Website and Applications design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Peazie or otherwise used by Peazie as permitted by law. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Site for personal, non-commercial home use only.

Miscellaneous

If any part of this Agreement is invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then it shall be severed and the remaining parts shall survive and remain in full force and effect and continue to be binding and enforceable. In the instance where additional conditions relating to a specific product or service are provided at time of purchase, such condition shall take precedence over the terms of this Agreement.

If we merge, sell or otherwise change control of our business or the Website and Applications to a 3rd party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

Neither party is liable for a cause beyond its reasonable control, provided each has done everything reasonably possible to mitigate the effects of that cause.

Both parties must engage in a professional dispute resolution process to resolve any disputes prior to the issuing of proceedings.

This Agreement is governed by the laws of Victoria, Australia, and both parties submit to the exclusive jurisdiction of these courts.

© This Agreement is the copyright of Peazie Pty Ltd. Not to be used or copied without its permission